I
103D CONGRESS
1ST SESSION
H. R. 653
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 HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. ENGLISH of Oklahoma introduced the following bill; which was referred
to the Committee on Agriculture
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 Representa-
tives 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 PRO-
CEDURES.
Section 1653 of the Watermelon Research and Pro-
motion 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 sub-
section:
‘‘(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(3)) is
amended—
‘‘(2) If approved in the referendum required by sec-
tion 1655(b) relating to the elimination of the assessment
refund under paragraph (1), the Secretary shall amend
the plan which is in effect on the day before the date of
the enactment of the Watermelon Research and Promotion
Improvement Act of 1993 to eliminate such refund provi-
sion.’’.
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 follow-
ing 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 han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
(2) by striking the second sentence; and
(3) in the last sentence, by inserting ‘‘or im-
ported 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 han-
dlers’’ and inserting ‘‘, handlers, and importers’’;
and
(2) in the last sentence, by striking ‘‘or han-
dlers’’ 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) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) in the second sentence, by striking ‘‘pro-
ducer and handler members’’ and inserting ‘‘other
members’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) 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 sub-
mitted by importers in such manner as may be prescribed
by the Secretary. If importers are subject to the plan and
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 in-
serting ‘‘(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 as-
sessment shall also be made on watermelons im-
ported into the United States by such 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 sub-
ject 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 im-
porter required to pay assessments under the plan shall
be responsible for payment to the Board, as it may direct,
of the assessment. The assessment on imported water-
melons 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 water-
melons imported into the United States that are included
under the terms of the plan, as well as those that are ex-
empt under such plan, and shall indicate such other infor-
mation as may be prescribed by the Board. No more than
one assessment shall be made on any imported water-
melons.’’;
(2) in subsection (b), by inserting ‘‘and import-
ers’’ after ‘‘Handlers’’; and
(3) in subsection (c)(1), by inserting ‘‘or im-
porters’’ 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 han-
dler or other person’’ and inserting ‘‘the person’’.
(i) REFERENDUM.—Section 1653 of such Act (7
U.S.C. 4912), as amended by section 2, is further amend-
ed—
(1) in the first sentence—
(A) by striking ‘‘and handlers’’ both places
it appears and inserting ‘‘, handlers, and im-
porters’’; and
(B) by striking ‘‘or handling’’ and insert-
ing ‘‘, 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 com-
bined total’’; and
(B) by striking ‘‘and handlers’’ both places
it appears and inserting ‘‘, handlers, and im-
porters’’; and
(2) in the second sentence—
(A) by striking ‘‘or handle’’ and inserting
‘‘, handle, or import’’;
(B) by striking ‘‘50 per centum’’ and in-
serting ‘‘50 percent of the combined total’’.
(C) by striking ‘‘or handled by the han-
dlers,’’ and inserting ‘‘, handled by the han-
dlers, 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 insert-
ing ‘‘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 amend-
ed 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’’ 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 insert-
ing ‘‘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 insert-
ing ‘‘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 insert-
ing ‘‘(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. SEPARATE CONSIDERATION OF WATERMELON
PLAN AMENDMENTS.
Section 1655 of the Watermelon Research and Pro-
motion 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 sub-
sections:
‘‘(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 referen-
dum producers, handlers, and importers who would be
subject to the plan if the amendments are approved.’’.
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