[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1062 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1062

 To amend the Beef Research and Information Act to allow the promotion 
of beef that is born and raised exclusively in the United States and to 
                 establish new referendum requirements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2009

  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 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 
2009''.

SEC. 2. REQUIRED TERMS IN ORDER.

    (a) Contracts and Agreements.--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),''.
    (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 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) Imported beef.--The order shall direct that, 
                of the aggregate amount collected from importers, a 
                percentage of that amount, to be determined by the 
                Committee, shall be reserved to promote products 
                specifically derived from cattle not born and raised in 
                the United States.''.

SEC. 3. 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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