II 110th CONGRESS 2d Session S. 3404 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.

1.

Short title

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

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. .

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),.

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. .