[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3404 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3404

 To amend the Beef Research and Information Act to allow the promotion 
of beef that is born and raised exclusively in the United States, allow 
  the establishment of an importers qualified beef council to promote 
    nondomestic beef, and to establish new referendum requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

  Mr. Tester introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Beef Research and Information Act to allow the promotion 
of beef that is born and raised exclusively in the United States, allow 
  the establishment of an importers qualified beef council to promote 
    nondomestic beef, and to establish new referendum requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beef Checkoff Modernization Act of 
2008''.

SEC. 2. IMPORTERS QUALIFIED BEEF COUNCIL.

    (a) Definition of Qualified Beef Council.--
            (1) In general.--Section 3 of the Beef Research and 
        Information Act (7 U.S.C. 2902(14)) is amended by striking 
        paragraph (14) and inserting the following:
            ``(14) Qualified beef council.--The term `qualified beef 
        council' means--
                    ``(A) a beef promotion entity that--
                            ``(i) is authorized by State law or is 
                        otherwise organized and operating within a 
                        State;
                            ``(ii) receives voluntary contributions and 
                        conducts beef promotion, research, and consumer 
                        information programs; and
                            ``(iii) is recognized by the Board as the 
                        beef promotion entity within the State; or
                    ``(B) the importers qualified beef council 
                established and maintained by the Secretary in 
                accordance with section 5(1);''.
            (2) Conforming amendments.--Section 5 of the Beef Research 
        and Information Act (7 U.S.C. 2904) is amended--
                    (A) in paragraph (1), by adding at the end the 
                following: ``The Secretary shall establish and 
                maintain, as a subcommittee of the Board, an importers 
                qualified beef council to promote nondomestic beef or 
                to pursue any other authorized purpose of a qualified 
                beef council described in section 3(14)(A).'';
                    (B) in paragraph (4)(A), by striking ``qualified 
                State beef'' each place it appears and inserting 
                ``qualified beef''; and
                    (C) in paragraph (8)--
                            (i) in subparagraphs (A) and (B), by 
                        striking ``qualified State beef'' each place it 
                        appears and inserting ``qualified beef''; and
                            (ii) in subparagraph (C)--
                                    (I) in the first sentence, by 
                                inserting ``, of which 50 percent shall 
                                be made available for use by the Board 
                                and 50 percent shall be made available 
                                for use by the importers qualified beef 
                                council established under paragraph 
                                (1)'' after ``Board'';
                                    (II) in the second sentence, by 
                                striking ``plans and projects, as 
                                provided for in paragraph (4)'' and 
                                inserting ``plans, projects, and 
                                activities, in accordance with 
                                paragraphs (4) and (13)''; and
                                    (III) in the fourth sentence, by 
                                striking ``qualified State beef'' and 
                                inserting ``qualified beef''.
    (b) Use of Funds.--Section 5 of the Beef Research and Information 
Act (7 U.S.C. 2904) is amended by adding at the end the following:
            ``(13) Use of funds.--
                    ``(A) In general.--The order shall direct that at 
                least 30 percent of the funds derived from the 
                assessment of United States producers and made 
                available for the promotion and marketing of products 
                derived from cattle be used only for the promotion and 
                marketing of products derived from cattle exclusively 
                born and raised in the United States.
                    ``(B) Importers qualified beef council.--The order 
                shall direct that, of the aggregate amount made 
                available for use by the importers qualified beef 
                council under paragraph (4)(C), the importers qualified 
                beef council shall reserve a percentage of that amount, 
                to be determined by the importers qualified beef 
                council, for use--
                            ``(i) to promote products specifically 
                        derived from cattle not born and raised in the 
                        United States; or
                            ``(ii) for any other purpose allowed under 
                        this Act for any other qualified beef 
                        council.''.

SEC. 3. REQUIRED TERMS IN ORDER.

    Section 5(6) of the Beef Research and Information Act (7 U.S.C. 
2904(6)) is amended in the first sentence--
            (1) by striking ``established'' and inserting ``new or 
        existing''; and
            (2) by inserting ``and such other organizations and 
        entities as the Secretary determines to be appropriate,'' after 
        ``paragraph (4),''.

SEC. 4. REQUIREMENTS OF REFERENDUM.

    Section 7(b) of the Beef Research and Information Act (7 U.S.C. 
2906(b)) is amended--
            (1) by striking ``(b)'' and the first sentence and 
        inserting the following:
    ``(b) Additional Referenda To Determine Suspension or Termination 
of Order.--
            ``(1) In general.--Beginning in calendar year 2010 and 
        every 7 years thereafter, or more frequently during those 7-
        year periods, upon the receipt of a petition of a 
        representative group comprising 10 percent or more of cattle 
        producers (as determined by the Secretary), the Secretary shall 
        conduct a referendum--
                    ``(A) to determine whether cattle producers favor 
                the termination or suspension of the order; and
                    ``(B) to vote on any other amendments to the 
                order.'';
            (2) in the second sentence, by striking ``The Secretary 
        shall'' and inserting the following:
            ``(2) Majority vote to suspend or terminate.--The Secretary 
        shall''; and
            (3) by adding at the end the following:
            ``(3) Additional referenda.--
                    ``(A) In general.--In addition to the referenda 
                required under subsection (a) and paragraph (1), not 
                later than 1 year after any proposed amendments to the 
                order, the Secretary shall conduct a referendum for the 
                specific amendments to determine whether cattle 
                producers favor the termination or suspension of the 
                amendments.
                    ``(B) Requirements.--Except as provided in 
                subparagraph (C), the specific amendments that are the 
                subject of a referendum under subparagraph (A) shall be 
                considered individually.
                    ``(C) Single purpose.--Multiple amendments may be 
                considered jointly if the amendments are relevant to a 
                single purpose, including amendments relating to 
                changes--
                            ``(i) in the assessment level;
                            ``(ii) to the contracting requirements;
                            ``(iii) in oversight, administration, and 
                        organizational structure; or
                            ``(iv) to collection or allocation of 
                        proceeds.
                    ``(D) Effective date.--An amendment approved under 
                a referendum under subparagraph (A) shall take effect 
                beginning on the date that is 180 days after the 
                amendment receives the majority approval of the 
                producers voting in the referendum.''.
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