[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 778 Enrolled Bill (ENR)]

        S.778
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To amend the Watermelon Research and Promotion Act to expand operation 
of the Act to the entire United States, to authorize the revocation of 
the refund provision of the Act, to modify the referendum procedures of 
the Act, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Watermelon Research 
and Promotion Improvement Act of 1993''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Change to majority vote in referendum procedures.
Sec. 3. Expansion of watermelon plans to entire United States.
Sec. 4. Clarification of differences between producers and handlers.
Sec. 5. Clarification of collection of assessments by the Board. 
Sec. 6. Changes to assessment rate not subject to formal rulemaking.
Sec. 7. Elimination of watermelon assessment refund.
Sec. 8. Equitable treatment of watermelon plans.
Sec. 9. Definition of producer.
Sec. 10. Amendment procedure.

SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES.

    Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C. 
4912) is amended--
        (1) by inserting ``(a)'' after ``Sec. 1653.'';
        (2) by striking the third sentence; and
        (3) by adding at the end the following new subsection:
    ``(b) A plan issued under this subtitle shall not take effect unless 
the Secretary determines that the issuance of the plan is approved or 
favored by a majority of the producers and handlers (and importers who 
are subject to the plan) voting in the referendum.''.
SEC. 3. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES.
    (a) Definitions.--Section 1643 of the Watermelon Research and 
Promotion Act (7 U.S.C. 4902) is amended--
        (1) in paragraph (3), by striking ``the forty-eight contiguous 
    States of''; and
        (2) by adding at the end the following new paragraph:
        ``(10) The term `United States' means each of the several States 
    and the District of Columbia.''.
    (b) Issuance of Plans.--The last sentence of section 1644 of such 
Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous 
States of''.
SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS.
    Section 1647(c) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(c)) is amended by adding at the end the following new 
paragraph:
        (1) by inserting ``(1)'' after ``(c)''; and
        (2) by adding at the end the following new paragraph:
    ``(2) A producer shall be eligible to serve on the Board only as a 
representative of handlers, and not as a representative of producers, 
if--
        ``(A) the producer purchases watermelons from other producers, 
    in a combined total volume that is equal to 25 percent or more of 
    the producer's own production; or
        ``(B) the combined total volume of watermelons handled by the 
    producer from the producer's own production and purchases from other 
    producers' production is more than 50 percent of the producer's own 
    production.''.
SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD.
    Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C. 
4906) is amended--
        (1) in subsection (f), by striking ``collection of the 
    assessments by the Board'' and inserting ``payment of the 
    assessments to the Board.''; and
        (2) in paragraphs (1) and (3) of subsection (g), by striking 
    ``collected'' each place it appears and inserting ``received''.
SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING.
    Section 1647(f) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(f)) is amended by adding at the end the following new 
sentences: ``In fixing or changing the rate of assessment pursuant to 
the plan, the Secretary shall comply with the notice and comment 
procedures established under section 553 of title 5, United States Code. 
Sections 556 and 557 of such title shall not apply with respect to 
fixing or changing the rate of assessment.''.

SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND.

    Section 1647(h) of the Watermelon Research and Promotion Act (7 
U.S.C. 4906(h)) is amended--
        (1) by striking ``(h) The'' and inserting ``(h)(1) Except as 
    provided in paragraph (2), the''; and
        (3) by adding at the end the following new paragraphs:
    ``(2) If approved in the referendum required by section 1655(b) 
relating to the elimination of the assessment refund under paragraph 
(1), the Secretary shall amend the plan that is in effect on the day 
before the date of the enactment of the Watermelon Research and 
Promotion Improvement Act of 1993 to eliminate the refund provision.
    ``(3)(A) Notwithstanding paragraph (2) and subject to subparagraph 
(B), if importers are subject to the plan, the plan shall provide that 
an importer of less than 150,000 pounds of watermelons per year shall be 
entitled to apply for a refund that is based on the rate of assessment 
paid by domestic producers.
    ``(B) The Secretary may adjust the quantity of the weight exemption 
specified in subparagraph (A) on the recommendation of the Board after 
an opportunity for public notice and opportunity for comment in 
accordance with section 553 of title 5, United States Code, and without 
regard to sections 556 and 557 of such title, to reflect significant 
changes in the 5-year average yield per acre of watermelons produced in 
the United States.''.

SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS.

    (a) Definitions.--Section 1643 of the Watermelon Research and 
Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further 
amended--
        (1) in paragraph (3), by striking the semicolon at the end and 
    inserting the following: ``or imported into the United States.'';
        (2) by redesignating paragraphs (6) and (7) as paragraphs (8) 
    and (9), respectively; and
        (3) by inserting after paragraph (5) the following new 
    paragraphs:
        ``(6) The term `importer' means any person who imports 
    watermelons into the United States.
        ``(7) The term `plan' means an order issued by the Secretary 
    under this subtitle.''.
    (b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903), as 
amended by section 3(b), is further amended--
        (1) in the first sentence, by striking ``and handlers'' and 
    inserting ``, handlers, and importers'';
        (2) by striking the second sentence; and
        (3) in the last sentence, by inserting ``or imported into the 
    United States'' before the period.
    (c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C. 
4904(a)) is amended--
        (1) in the first sentence, by striking ``and handlers'' and 
    inserting ``, handlers, and importers''; and
        (2) in the last sentence, by striking ``or handlers'' and 
    inserting ``, handlers, or importers''.
    (d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C. 
4906(c)), as amended by section 4, is further amended--
        (1) in the second sentence of paragraph (1), by striking 
    ``producer and handler members'' and inserting ``other members''; 
    and
        (2) by adding at the end the following new paragraph:
    ``(3)(A) If importers are subject to the plan, the Board shall also 
include 1 or more representatives of importers, who shall be appointed 
by the Secretary from nominations submitted by importers in such manner 
as may be prescribed by the Secretary.
    ``(B) Importer representation on the Board shall be proportionate to 
the percentage of assessments paid by importers to the Board, except 
that at least 1 representative of importers shall serve on the Board.
    ``(C) If importers are subject to the plan and fail to select 
nominees for appointment to the Board, the Secretary may appoint any 
importers as the representatives of importers.
    ``(D) Not later than 5 years after the date that importers are 
subjected to the plan, and every 5 years thereafter, the Secretary shall 
evaluate the average annual percentage of assessments paid by importers 
during the 3-year period preceding the date of the evaluation and 
adjust, to the extent practicable, the number of importer 
representatives on the Board.''.
    (e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)) is 
amended--
        (1) in paragraph (4)--
            (A) by striking ``(4) assessments'' and inserting ``(4) 
        Assessments''; and
            (B) by inserting ``in the case of producers and handlers'' 
        after ``such assessments''; and
        (2) by adding at the end the following new paragraph:
        ``(5) If importers are subject to the plan, an assessment shall 
    also be made on watermelons imported into the United States by the 
    importers. The rate of assessment for importers who are subject to 
    the plan shall be equal to the combined rate for producers and 
    handlers.''.
    (f) Refunds.--Paragraph (1) of section 1647(h) of such Act (7 U.S.C. 
4906(h)), as amended by section 7, is further amended--
        (1) by inserting after ``or handler'' the first two places it 
    appears the following: ``(or importer who is subject to the plan)''; 
    and
        (2) by striking ``or handler'' the last place it appears and 
    inserting ``, handler, or importer''.
    (g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C. 4908) 
is amended--
        (1) in subsection (a)--
            (A) by inserting ``(1)'' after ``(a)''; and
            (B) by adding at the end the following new paragraph:
    ``(2)(A) If importers are subject to the plan, each importer 
required to pay assessments under the plan shall be responsible for 
payment of the assessment to the Board, as the Board may direct.
    ``(B) The assessment on imported watermelons shall be equal to the 
combined rate for domestic producers and handlers and shall be paid by 
the importer to the Board at the time of the entry of the watermelons 
into the United States.
    ``(C) Each importer required to pay assessments under the plan shall 
maintain a separate record that includes a record of--
        ``(i) the total quantity of watermelons imported into the United 
    States that are included under the terms of the plan;
        ``(ii) the total quantity of watermelons that are exempt from 
    the plan; and
        ``(iii) such other information as may be prescribed by the 
    Board.
    ``(D) No more than 1 assessment shall be made on any imported 
watermelon.'';
        (2) in subsection (b), by inserting ``and importers'' after 
    ``Handlers''; and
        (3) in subsection (c)(1), by inserting ``or importers'' after 
    ``handlers''.
    (h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a)) 
is amended--
        (1) in the first sentence, by striking ``a handler or any other 
    person'' by inserting ``a person'';
        (2) in the fourth sentence, by inserting ``(or an importer who 
    is subject to the plan)'' after ``a handler''; and
        (3) in the last sentence, by striking ``the handler or other 
    person'' and inserting ``the person''.
    (i) Referendum.--Subsection (a) of section 1653 of such Act (7 
U.S.C. 4912), as amended by section 2, is further amended--
        (1) in the first sentence--
            (A) by striking ``and handlers'' both places it appears and 
        inserting ``, handlers, and importers''; and
            (B) by striking ``or handling'' and inserting ``, handling, 
        or importing'';
        (2) by striking the second sentence; and
        (3) in the sentence beginning with ``The ballots''--
            (A) by striking ``or handler'' and inserting ``, handler, or 
        importer''; and
            (B) by striking ``or handled'' and inserting ``, handled, or 
        imported''.
    (j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C. 
4913(b)) is amended--
        (1) in the first sentence--
            (A) by striking ``10 per centum or more'' and inserting ``at 
        least 10 percent of the combined total''; and
            (B) by striking ``and handlers'' both places it appears and 
        inserting ``, handlers, and importers'';
        (2) in the second sentence--
            (A) by striking ``or handle'' and inserting ``, handle, or 
        import'';
            (B) by striking ``50 per centum'' and inserting ``50 percent 
        of the combined total''; and
            (C) by striking ``or handled by the handlers,'' and 
        inserting ``, handled by the handlers, or imported by the 
        importers''; and
        (3) by striking the last sentence.
    (k) Conforming and Technical Amendments.--Such Act is further 
amended--
        (1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by striking 
    ``and handling'' and inserting ``handling, and importing'';
        (2) in the first sentence of section 1642(b) (7 U.S.C. 
    4901(b))--
            (A) by inserting ``, or imported into the United States,'' 
        after ``harvested in the United States''; and
            (B) by striking ``produced in the United States'';
        (3) in section 1643 (7 U.S.C. 4902), as amended by subsection 
    (a) and section 3(a)--
            (A) by striking ``subtitle--'' and inserting ``subtitle:'';
            (B) in paragraphs (1) through (5), by striking ``the term'' 
        each place it appears and inserting ``The term'';
            (C) in paragraphs (1), (2), (4), and (5), by striking the 
        semicolon at the end of each paragraph and inserting a period;
            (D) in paragraph (8), as redesignated by subsection (a)(2)--
                (i) by striking ``the term'' and inserting ``The term''; 
            and
                (ii) by striking ``; and'' and inserting a period; and
            (E) in paragraph (9), as redesignated by subsection (a)(2)--
                (i) by striking ``the term'' and inserting ``The term''; 
            and
                (ii) by striking ``1644'' and inserting ``1647''; and
        (4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by 
    subsection (e) and section 5(2)--
            (A) by striking ``that--'' and inserting ``the following:'';
            (B) in paragraph (1)--
                (i) by striking ``(1) funds'' and inserting ``(1) 
            Funds''; and
                (ii) by striking the semicolon at the end and inserting 
            a period;
            (C) in paragraph (2)--
                (i) by striking ``(2) no'' and inserting ``(2) No''; and
                (ii) by striking the semicolon at the end and inserting 
            a period;
            (D) in paragraph (3)--
                (i) by striking ``(3) no'' and inserting ``(3) No''; and
                (ii) by striking ``; and'' and inserting a period.

SEC. 9. DEFINITION OF PRODUCER.

    (a) In General.--Section 1643(5) of the Watermelon Research and 
Promotion Act (7 U.S.C. 4902(5)) is amended by striking ``five'' and 
inserting ``10''.
    (b) Certification.--Section 1647 of such Act (7 U.S.C. 4906) is 
amended by adding at the end the following new subsection:
    ``(l) The plan shall provide that the Board shall have the authority 
to establish rules for certifying whether a person meets the definition 
of a producer under section 1643(5).''.

SEC. 10. AMENDMENT PROCEDURE.

    Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C. 
4914) is amended to read as follows:

``SEC. 1655. AMENDMENT PROCEDURE.

    ``(a) In General.--Before a plan issued by the Secretary under this 
subtitle may be amended, the Secretary shall publish the proposed 
amendments for public comment and conduct a referendum in accordance 
with section 1653.
    ``(b) Separate Consideration of Amendments.--
        ``(1) In general.--The amendments described in paragraph (2) 
    that are required to be made by the Secretary to a plan as a result 
    of the amendments made by the Watermelon Research and Promotion 
    Improvement Act of 1993 shall be subject to separate line item 
    voting and approval in a referendum conducted pursuant to section 
    1653 before the Secretary alters the plan as in effect on the day 
    before the date of the enactment of such Act.
        ``(2) Amendments.--The amendments referred to in paragraph (1) 
    are the amendments to a plan required under--
            ``(A) section 7 of the Watermelon Research and Promotion 
        Improvement Act of 1993 relating to the elimination of the 
        assessment refund; and
            ``(B) section 8 of such Act relating to subjecting importers 
        to the terms and conditions of the plan.
        ``(3) Importers.--When conducting the referendum relating to 
    subjecting importers to the terms and conditions of a plan, the 
    Secretary shall include as eligible voters in the referendum 
    producers, handlers, and importers who would be subject to the plan 
    if the amendments to a plan were approved.''.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.