II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Beef Checkoff Mod5 ernization Act of 2008’’. 

6 SEC. 2. IMPORTERS QUALIFIED BEEF COUNCIL. 

7 (a) DEFINITION OF QUALIFIED BEEF COUNCIL.— 


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1 (1) IN GENERAL.—Section 3 of the Beef Re2 search and Information Act (7 U.S.C. 2902(14)) is 

3 amended by striking paragraph (14) and inserting 

4 the following: 

5 ‘‘(14) QUALIFIED BEEF COUNCIL.—The term 

6 ‘qualified beef council’ means— 

7 ‘‘(A) a beef promotion entity that— 

8 ‘‘(i) is authorized by State law or is 

9 otherwise organized and operating within a 

10 State; 

11 ‘‘(ii) receives voluntary contributions 

12 and conducts beef promotion, research, 

13 and consumer information programs; and 

14 ‘‘(iii) is recognized by the Board as 

15 the beef promotion entity within the State; 

16 or 

17 ‘‘(B) the importers qualified beef council 

18 established and maintained by the Secretary in 

19 accordance with section 5(1);’’. 

20 (2) CONFORMING AMENDMENTS.—Section 5 of 

21 the Beef Research and Information Act (7 U.S.C. 

22 2904) is amended— 

23 (A) in paragraph (1), by adding at the end 

24 the following: ‘‘The Secretary shall establish 

25 and maintain, as a subcommittee of the Board, 


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1 an importers qualified beef council to promote 

2 nondomestic beef or to pursue any other au3 thorized purpose of a qualified beef council de4 scribed in section 3(14)(A).’’; 

5 (B) in paragraph (4)(A), by striking 

6 ‘‘qualified State beef’’ each place it appears and 

7 inserting ‘‘qualified beef’’; and 

8 (C) in paragraph (8)— 

9 (i) in subparagraphs (A) and (B), by 

10 striking ‘‘qualified State beef’’ each place 

11 it appears and inserting ‘‘qualified beef’’; 

12 and 

13 (ii) in subparagraph (C)— 

14 (I) in the first sentence, by in15 serting ‘‘, of which 50 percent shall be 

16 made available for use by the Board 

17 and 50 percent shall be made avail18 able for use by the importers qualified 

19 beef council established under para20 graph (1)’’ after ‘‘Board’’; 

21 (II) in the second sentence, by 

22 striking ‘‘plans and projects, as pro23 vided for in paragraph (4)’’ and in24 serting ‘‘plans, projects, and activities, 


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1 in accordance with paragraphs (4) 

2 and (13)’’; and 

3 (III) in the fourth sentence, by 

4 striking ‘‘qualified State beef’’ and in5 serting ‘‘qualified beef’’. 

6 (b) USE OF FUNDS.—Section 5 of the Beef Research 

7 and Information Act (7 U.S.C. 2904) is amended by add8 ing at the end the following: 

9 ‘‘(13) USE OF FUNDS.— 

10 ‘‘(A) IN GENERAL.—The order shall direct 

11 that at least 30 percent of the funds derived 

12 from the assessment of United States producers 

13 and made available for the promotion and mar14 keting of products derived from cattle be used 

15 only for the promotion and marketing of prod16 ucts derived from cattle exclusively born and 

17 raised in the United States. 

18 ‘‘(B) IMPORTERS QUALIFIED BEEF COUN19 CIL.—The order shall direct that, of the aggre20 gate amount made available for use by the im21 porters qualified beef council under paragraph 

22 (4)(C), the importers qualified beef council shall 

23 reserve a percentage of that amount, to be de24 termined by the importers qualified beef coun25 cil, for use— 


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1 ‘‘(i) to promote products specifically 

2 derived from cattle not born and raised in 

3 the United States; or 

4 ‘‘(ii) for any other purpose allowed 

5 under this Act for any other qualified beef 

6 council.’’. 

7 SEC. 3. REQUIRED TERMS IN ORDER. 

8 Section 5(6) of the Beef Research and Information 

9 Act (7 U.S.C. 2904(6)) is amended in the first sentence— 

10 (1) by striking ‘‘established’’ and inserting 

11 ‘‘new or existing’’; and 

12 (2) by inserting ‘‘and such other organizations 

13 and entities as the Secretary determines to be ap14 propriate,’’ after ‘‘paragraph (4),’’. 

15 SEC. 4. REQUIREMENTS OF REFERENDUM. 

16 Section 7(b) of the Beef Research and Information 

17 Act (7 U.S.C. 2906(b)) is amended— 

18 (1) by striking ‘‘(b)’’ and the first sentence and 

19 inserting the following: 

20 ‘‘(b) ADDITIONAL REFERENDA TO DETERMINE SUS21 PENSION OR TERMINATION OF ORDER.— 

22 ‘‘(1) IN GENERAL.—Beginning in calendar year 

23 2010 and every 7 years thereafter, or more fre24 quently during those 7-year periods, upon the receipt 

25 of a petition of a representative group comprising 10 


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1 percent or more of cattle producers (as determined 

2 by the Secretary), the Secretary shall conduct a ref3 erendum— 

4 ‘‘(A) to determine whether cattle producers 

5 favor the termination or suspension of the 

6 order; and 

7 ‘‘(B) to vote on any other amendments to 

8 the order.’’; 

9 (2) in the second sentence, by striking ‘‘The 

10 Secretary shall’’ and inserting the following: 

11 ‘‘(2) MAJORITY VOTE TO SUSPEND OR TERMI12 NATE.—The Secretary shall’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) ADDITIONAL REFERENDA.— 

15 ‘‘(A) IN GENERAL.—In addition to the 

16 referenda required under subsection (a) and 

17 paragraph (1), not later than 1 year after any 

18 proposed amendments to the order, the Sec19 retary shall conduct a referendum for the spe20 cific amendments to determine whether cattle 

21 producers favor the termination or suspension 

22 of the amendments. 

23 ‘‘(B) REQUIREMENTS.—Except as pro24 vided in subparagraph (C), the specific amend25 ments that are the subject of a referendum 


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1 under subparagraph (A) shall be considered in2 dividually. 

3 ‘‘(C) SINGLE PURPOSE.—Multiple amend4 ments may be considered jointly if the amend5 ments are relevant to a single purpose, includ6 ing amendments relating to changes— 

7 ‘‘(i) in the assessment level; 

8 ‘‘(ii) to the contracting requirements; 

9 ‘‘(iii) in oversight, administration, and 

10 organizational structure; or 

11 ‘‘(iv) to collection or allocation of pro12 ceeds. 

13 ‘‘(D) EFFECTIVE DATE.—An amendment 

14 approved under a referendum under subpara15 graph (A) shall take effect beginning on the 

16 date that is 180 days after the amendment re17 ceives the majority approval of the producers 

18 voting in the referendum.’’. 

Æ 


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