JOURNAL OF THE

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T104.22 JULY 28

with the distribution or marketing of any

perishable agricultural commodity.’’.

(b) USE OF DEFINITION.—Section 2 of such

Act (7 U.S.C. 499b) is amended—

(1) by striking ‘‘commerce—’’ in the matter before paragraph (1) and inserting ‘‘commerce:’’;

(2) by striking the semicolon at the end of

each paragraph and inserting a period; and

(3) in paragraph (4), by adding at the end

the following new sentence: ‘‘However, this

paragraph shall not be considered to make

the good faith offer, solicitation, payment,

or receipt of collateral fees and expenses, in

and of itself, unlawful under this Act.’’.

SEC. 10. CLARIFICATION OF MISBRANDING PROHIBITION.

Section 2(5) of the Perishable Agricultural

Commodities Act, 1930 (7 U.S.C. 499b(5)), is

amended—

(1) by striking ‘‘commerce: Provided, That’’

and inserting ‘‘commerce. However,’’; and

(2) by adding at the end the following new

sentence: ‘‘A person other than the first licensee handling misbranded perishable agricultural commodities shall not be held liable

for a violation of this paragraph by reason of

the conduct of another if the person did not

have knowledge of the violation or lacked

the ability to correct the violation.’’.

SEC. 11. IMPOSITION OF CIVIL PENALTY IN LIEU

OF LICENSE SUSPENSION OR REVOCATION.

Section 8 of the Perishable Agricultural

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

amended by adding at the end the following

new subsection:

‘‘(e) ALTERNATIVE CIVIL PENALTIES.—In

lieu of suspending or revoking a license

under this section when the Secretary determines, as provided by section 6, that a commission merchant, dealer, or broker has violated section 2 or subsection (b) of this section, the Secretary may assess a civil penalty not to exceed $2,000 for each violative

transaction or each day the violation continues. In assessing the amount of a penalty

under this subsection, the Secretary shall

give due consideration to the size of the business, the number of employees, and the seriousness, nature, and amount of the violation. Amounts collected under this subsection shall be deposited in the Treasury of

the United States as miscellaneous receipts.’’.

SEC. 12. EXTENSION OF SANCTIONS TO PERSONS

RESPONSIBLY CONNECTED TO A

COMMISSION MERCHANT, DEALER,

OR BROKER.

(a) EXCEPTION TO DEFINITION.—Section

1(b)(9) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)(9)), is

amended by adding at the end the following

new sentence: ‘‘A person shall not be deemed

to be responsibly connected if the person

demonstrates by a preponderance of the evidence that the person was not actively involved in the activities resulting in a violation of this Act and that the person either

was only nominally a partner, officer, director, or shareholder of a violating licensee or

entity subject to license or was not an owner

of a violating licensee or entity subject to license which was the alter ego of its owners.’’.

(b) EXTENSION OF EMPLOYMENT SANCTION.—

Section 8(b) of such Act (7 U.S.C. 499h(b)) is

amended by adding at the end the following

new sentence: ‘‘The Secretary may extend

the period of employment sanction as to a

responsibly connected person for an additional one-year period upon the determination that the person has been unlawfully employed as provided in this subsection.’’.

(c) CONFORMING AMENDMENT REGARDING LICENSING SANCTION.—Section 4 of such Act (7

U.S.C. 499d) is amended—

(1) in subsection (b), by inserting ‘‘is prohibited from employment with a licensee

under section 8(b) or’’ after ‘‘with the applicant,’’ in the matter preceding subparagraph

(A); and

(2) in subsection (c), by adding at the end

the following new sentence: ‘‘The Secretary

may not issue a license to an applicant under

this subsection if the applicant or any person

responsibly connected with the applicant is

prohibited from employment with a licensee

under section 8(b).’’.

Amend the title so as to read: ‘‘A bill to

amend the Perishable Agricultural Commodities Act, 1930, to modernize, streamline, and

strengthen the operation of the Act.’’.

The bill, as amended, was ordered to

be engrossed and read a third time, and

passed.

By unanimous consent, the title was

amended so as to read: ‘‘An Act to

amend the Perishable Agricultural

Commodities Act, 1930, to modernize,

streamline, and strengthen the operation of the Act.’’.

A motion to reconsider the votes

whereby the bill, as amended, was

passed and the title was amended was,

by unanimous consent, laid on the

table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T104.22 MESSAGE FROM THE

PRESIDENT—NATIONAL EMERGENCY

WITH RESPECT TO IRAQ

The SPEAKER pro tempore, Mr.

LAHOOD, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides

for the automatic termination of a national emergency unless, prior to the

anniversary date of its declaration, the

President publishes in the Federal Register and transmits to the Congress a

notice stating that the emergency is to

continue in effect beyond the anniversary date. In accordance with this provision, I have sent the enclosed notice,

stating that the Iraqi emergency is to

continue in effect beyond August 2,

1995, to the Federal Register for publication.

The crisis between the United States

and Iraq that led to the declaration on

August 2, 1990, of a national emergency

has not been resolved. The Government

of Iraq continues to engage in activities inimical to stability in the Middle

East and hostile to United States interest in the region. Such Iraqi actions

pose a continuing unusual and extraordinary threat to the national security

and vital foreign policy interests of the

United States. For these reasons, I

have determined that it is necessary to

maintain in force the broad authorities

necessary to apply economic pressure

on the Government of Iraq.

WILLIAM J. CLINTON.

THE WHITE HOUSE, July 28, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–104).

T104.23 MESSAGE FROM THE

PRESIDENT—GSP FOR MOLDOVA

The SPEAKER pro tempore, Mr.

LAHOOD, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

The Generalized System of Preferences (GSP) program offers duty-free

treatment to specified products that

are imported from designated beneficiary developing countries. The program is authorized by title V of the

Trade Act of 1974, as amended.

Pursuant to title V, I have determined that Maldives should be suspended from the GSP program because

it is not making sufficient progress in

protecting basic labor rights. I also

have decided to designate Moldova as a

beneficiary developing country for purposes of the GSP program because I

have determined that Moldova satisfies

the statutory criteria.

This notice is submitted in accordance with the requirements of section

502(a)(1) and 502(a)(2) of the Trade Act

of 1974.

WILLIAM J. CLINTON

THE WHITE HOUSE, July 28, 1995.

By unanimous consent, the message

was referred to the Committee on Ways

and Means and ordered to be printed

(H. Doc. 104–105).

T104.24 PROVIDING FOR THE

CONSIDERATION OF S. 21

Mr. DIAZ-BALART, by direction of

the Committee on Rules, reported

(Rept. No. 104–213) the resolution (H.

Res. 204) providing for the consideration of S. 21, to terminate the United

States arms embargo applicable to the

Government of Bosnia and

Herzegovina; referred to the House Calendar and ordered printed.

T104.25 DEPARTMENT OF DEFENSE

APPROPRIATIONS, FY 1996

Mr. DIAZ-BALART submitted a privileged report (Rept. No. 104–214) on the

bill (H.R. 2126) making appropriations

for the Department of Defense for the

fiscal year ending September 30, 1996.

When said bill and report were referred to the Union Calendar and ordered printed.

Pursuant to clause 8 of rule XXI all

points of order were reserved.

T104.26 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted—

To Mr. YATES, for today after 2:00

p.m.;

To Ms. MCKINNEY, for today;

To Mr. TANNER, for today after 11:30

a.m.;

To Mr. CRANE, for today until 12:30

p.m.; and

To Mr. MCNULTY, for today after

1:45 p.m.

And then,

T104.27 ADJOURNMENT

On motion of Mr. EHRLICH, pursuant to the special order heretofore