[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 778 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 778

_______________________________________________________________________

                                 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.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
103d CONGRESS
  1st Session
                                 S. 778

_______________________________________________________________________

                                 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.''.

            Passed the Senate November 20 (legislative day, November 
      2), 1993.

            Attest:






                                                             Secretary.

S 5 ES----2