II 111th CONGRESS 1st Session S. 1062 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.

1.

Short title

This Act may be cited as the Beef Checkoff Modernization Act of 2009.

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. .

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. .