JOURNAL OF THE

1218

T104.18 JULY 28

NOT VOTING—28

Bateman

Berman

Brewster

Calvert

Clyburn

Collins (MI)

Cremeans

Dornan

Filner

Hall (OH)

Istook

Johnston

LaFalce

Largent

Longley

McKinney

McNulty

Meehan

Meyers

Moakley

Pickett

Quillen

Quinn

Reynolds

Skelton

Tanner

Taylor (NC)

Yates

So the motion was agreed to.

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

When Mr. BUNNING, Acting Chairman, reported that the Committee,

having had under consideration said

bill, had come to no resolution thereon.

T104.18 SUBMISSION OF CONFERENCE

REPORT—H.R.1854

Mr. PACKARD submitted a conference report (Rept. No. 104–212) on

the bill (H.R. 1854) making appropriations for the Legislative Branch for the

fiscal year ending September 30, 1996,

and for other purposes, together with a

statement thereon, for printing in the

Record under the rule.

T104.19 ADJOURNMENT OVER

On motion of Mr. PACKARD, by

unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet at

10:30 a.m. on Monday, July 31, 1995.

T104.20 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH

On motion of Mr. PACKARD, by

unanimous consent,

Ordered, That business in order for

consideration on Wednesday, July 2,

1995, under clause 7, rule XXIV, the

Calendar Wednesday rule, be dispensed

with.

T104.21 PERISHABLE COMMODITIES

On motion of Mr. POMBO, by unanimous consent, the Committee of the

Whole House on the state of the Union

was discharged from further consideration of the bill (H.R. 1103) entitled

‘‘Amendments to the Perishable Agricultural Commodities Act, 1930’’.

When said bill was considered and

read twice.

The following amendment in the nature of a substitute, recommended by

the Committee on Agriculture, was

then agreed to:

Strike out all after the enacting clause and

insert:

H.R. 1103

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

Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as

the ‘‘Perishable Agricultural Commodities

Act Amendments of 1995’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Addition of definitions of retailer and

grocery wholesaler.

Sec. 3. Gradual elimination of annual license fee for retailers and grocery wholesalers that are dealers.

Sec. 4. Establishment and alteration of license fees for commission merchants, dealers (other than retailers and grocery wholesalers), and brokers.

Sec. 5. Increase in penalties for operating

without a license and increase

in late renewal fee.

Sec. 6. Statutory trust on commodities and

sale proceeds.

Sec. 7. Authority of Department of Agriculture regarding possible violations.

Sec. 8. Filing and handling fees for reparation complaints.

Sec. 9. Consideration of collateral fees and

expenses.

Sec. 10. Clarification of misbranding prohibition.

Sec. 11. Imposition of civil penalty in lieu of

license suspension or revocation.

Sec. 12. Extension of sanctions to persons

responsibly connected to a commission merchant, dealer, or

broker.

SEC. 2. ADDITION OF DEFINITIONS OF RETAILER

AND GROCERY WHOLESALER.

Section 1(b) of the Perishable Agricultural

Commodities Act, 1930 (7 U.S.C. 499a(b)), is

amended by adding at the end the following

new paragraphs:

‘‘(11) The term ‘retailer’ means a person

that is a dealer engaged in the business of

selling any perishable agricultural commodity at retail.

‘‘(12) The term ‘grocery wholesaler’ means

a person that is a dealer primarily engaged

in the full-line wholesale distribution and resale of grocery and related nonfood items

(such as perishable agricultural commodities, dry groceries, general merchandise,

meat, poultry, and seafood, and health and

beauty care items) to retailers. However,

such term does not include a person described in the preceding sentence if the person is primarily engaged in the wholesale

distribution and resale of perishable agricultural commodities rather than other grocery

and related nonfood items.’’.

SEC. 3. GRADUAL ELIMINATION OF ANNUAL LICENSE FEE FOR RETAILERS AND

GROCERY WHOLESALERS THAT ARE

DEALERS.

(a) ELIMINATION OF ANNUAL FEES OVER

THREE-YEAR PERIOD.—Subsection (b) of section 3 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499c), is

amended—

(1) by inserting ‘‘(1) APPLICATION FOR LICENSE.—’’ before the start of the first sentence and adjusting the margin to conform

to paragraph (3);

(2) by striking the third and fourth sentences;

(3) by inserting ‘‘(5) PERISHABLE AGRICULTURAL COMMODITIES ACT FUND.—’’ before the

start of the fifth sentence and adjusting the

margin to conform to paragraph (3);

(4) by striking the last sentence; and

(5) by inserting before paragraph (5) (as so

designated) the following new paragraphs:

‘‘(3) ONE-TIME FEE FOR RETAILERS AND GROCERY WHOLESALERS THAT ARE DEALERS.—During the three-year period beginning on the

date of the enactment of the Perishable Agricultural Commodities Act Amendments of

1995, a retailer or grocery wholesaler making

an initial application for a license under this

section shall pay the license fee required

under subparagraph (A), (B), or (C) of paragraph (4) for license renewals in the year in

which the initial application is made. After

the end of such period, a retailer or

grocery wholesaler making an initial application for a license under this section shall

pay an administrative fee equal to $100. In either case, a retailer or grocery wholesaler

paying a fee under this paragraph shall not

be required to pay any fee for renewal of the

license for subsequent years.

‘‘(4) GRADUAL ELIMINATION OF ANNUAL FEES

FOR RETAILERS AND GROCERY WHOLESALERS

THAT ARE DEALERS.—In the case of a retailer

or grocery wholesaler that holds a license

under this section as of the date of the enactment of the Perishable Agricultural Commodities Act Amendments of 1995, payments

for the renewal of the license shall be made

pursuant to the following schedule:

‘‘(A) For anniversary dates occurring during the one-year period beginning on the

date of the enactment of the Perishable Agricultural Commodities Act Amendments of

1995, the licensee shall pay a renewal fee in

an amount equal to 100 percent of the applicable renewal fee (subject to the $4,000 aggregate limit on such payments) in effect under

this subsection on the day before such enactment date.

‘‘(B) For anniversary dates occurring during the one-year period beginning at the end

of the period in subparagraph (A), the licensee shall pay a renewal fee in an amount

equal to 75 percent of the amount paid by the

licensee under subparagraph (A).

‘‘(C) For anniversary dates occurring during the one-year period beginning at the end

of the period in subparagraph (B), the licensee shall pay a renewal fee in an amount

equal to 50 percent of the amount paid by the

licensee under subparagraph (A).

‘‘(D) After the end of the three-year period

beginning on the date of the enactment of

the Perishable Agricultural Commodities

Act Amendments of 1995, the licensee shall

not be required to pay any fee if the licensee

seeks renewal of the license.’’.

(b) STYLISTIC AMENDMENTS.—Such section

is further amended—

(1) by striking the section heading and

‘‘SEC. 3. (a)’’ and inserting the following:

‘‘SEC. 3. LICENSES.

‘‘(a) LICENSE REQUIRED; PENALTIES FOR

VIOLATIONS.—’’;

(2) in subsection (b), by inserting ‘‘APPLICATION AND FEES FOR LICENSES.—’’ after

‘‘(b)’’; and

(3) in subsection (c), by inserting ‘‘USE OF

TRADE NAMES.—’’ after ‘‘(c)’’.

SEC. 4. ESTABLISHMENT AND ALTERATION OF LICENSE FEES FOR COMMISSION MERCHANTS, DEALERS (OTHER THAN

RETAILERS AND GROCERY WHOLESALERS), AND BROKERS.

(a) DISCRETION OF SECRETARY TO ESTABLISH

AND ALTER FEES.—Section 3(b) of the Perishable Agricultural Commodities Act, 1930 (7

U.S.C. 499c(b)), is amended by inserting after

paragraph (1), as designated by section

3(a)(1), the following new paragraph:

‘‘(2) LICENSE FEES.—Upon the filing of an

application under paragraph (1), the applicant shall pay such license fees, both individually and in the aggregate, as the Secretary

determines necessary to meet the reasonably

anticipated expenses for administering this

Act and the Act to prevent the destruction

or dumping of farm produce, approved March

3, 1927 (7 U.S.C. 491–497). Thereafter, the licensee shall pay such license fees annually

or at such longer interval as the Secretary

may prescribe. The Secretary shall take due

account of savings to the program when determining an appropriate interval for renewal of licenses. The Secretary shall establish and alter license fees only by rulemaking under section 553 of title 5, United

States Code, except that the Secretary may

not alter the fees required under paragraph

(3) or (4) for retailers and grocery wholesalers that are dealers. Effective on the date

of the enactment of the Perishable Agricultural Commodities Act Amendments of 1995

and until such time as the Secretary alters

such fees by rule, an individual license fee

shall equal $550 per year, plus $200 for each

branch or additional business facility oper-