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

103d CONGRESS
  1st Session
                                 S. 778

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 7 (legislative day, March 3), 1993

   Mr. Boren introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
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. Separate consideration of watermelon plan amendments.

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) inserting 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 if 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--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If a 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, the producer shall be eligible to serve on 
the Board only as a representative of handlers and not as a 
representative of producers.''.

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)), as amended by section 5(1), is further 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 inserting ``(1) Except as provided in paragraph 
        (2)'' after ``(h)''; and
            (2) by adding at the end the following new paragraph:
    ``(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.''.

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) If importers are subject to the plan, the Board shall also 
include a single representative of importers, who shall be appointed by 
the Secretary from nominations submitted by importers in such manner as 
may be prescribed by the Secretary. If the importers that are subject 
to the plan fail to select a nominee for appointment to the Board, the 
Secretary may appoint any importer as the representative of 
importers.''.
    (e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)), 
as amended by section 5(2), is further 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 
        (if subject to the plan) shall be equal to the combined rate 
        for producers and handlers.''.
    (f) Refunds.--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 if 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) 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. 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. 
Each such importer shall maintain a separate record including the total 
quantity of watermelons imported into the United States that are 
included under the terms of the plan, as well as those that are exempt 
under the plan, and shall indicate such other information as may be 
prescribed by the Board. No more than one assessment shall be made on 
any imported watermelons.'';
            (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 
        if 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.--Section 1653(a) of such Act, 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''; and
            (2) in the fourth sentence--
                    (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''; 
                and
            (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''.
                    (C) by striking ``or handled by the handlers'' and 
                inserting ``, handled by the handlers, and imported by 
                the importers''.
    (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) by striking ``subtitle--'' and inserting 
                ``subtitle:'';
                    (B) in paragraphs (1), (2), (3), (4), and (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 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; and
                    (D) in paragraph (3)--
                            (i) by striking ``(3) no'' and inserting 
                        ``(3) No''; and
                            (ii) by striking ``; and'' and inserting a 
                        period.

SEC. 9. SEPARATE CONSIDERATION OF WATERMELON PLAN AMENDMENTS.

    Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C. 
4914) is amended--
            (1) by inserting ``(a)'' before ``The provisions''; and
            (2) by adding at the end the following new subsections:
    ``(b) The amendments described in subsection (c) 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.
    ``(c) The amendments referred to in subsection (b) are those 
amendments required under--
            ``(1) section 7 of the Watermelon Research and Promotion 
        Improvement Act of 1993 relating to the elimination of the 
        assessment refund; and
            ``(2) section 8 of such Act relating to subjecting 
        importers to the terms and conditions of the plan.
    ``(d) 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 are 
approved.''.

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