[Congressional Record Volume 140, Number 76 (Thursday, June 16, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: June 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     TEMPORARY FEES IN CONNECTION WITH COMPLAINTS OF VIOLATIONS OF 
             PERISHABLE AGRICULTURAL COMMODITIES ACT [PACA]

  Mr. de la GARZA. Mr. Speaker, I ask unanimous consent that the 
Committee on Agriculture be discharged from further consideration of 
the bill (H.R. 4581) to provide for the imposition of temporary fees in 
connection with the handling of complaints of violations of the 
Perishable Agricultural Commodities Act, 1930, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Wise). Is there objection to the request 
of the gentleman from Texas?
  Mr. LEWIS of Florida. Mr. Speaker, reserving the right to object, I 
will not object. I would like to ask the chairman as couple of 
questions about the bill.

                              {time}  1040

  Mr. Speaker, it is my understanding that this bill is being presented 
as an emergency stopgap measure. However, I would like to know if we 
have a consensus among the industries that they have no problem with 
this bill at this time.
  Mr. de la GARZA. Mr. Speaker, will the gentleman yield?
  Mr. LEWIS of Florida. I yield to the gentleman from Texas.
  Mr. de la GARZA. Mr. Speaker, we do.
  Mr. LEWIS of Florida. Mr. Speaker, it is also my understanding that 
we have a commitment that we will pursue this legislation throughout 
the year to come up with a permanent fix?
  Mr. de la GARZA. Mr. Speaker, if the gentleman will continue to 
yield, the gentleman is correct.
  Mr. Speaker, this bill will provide much needed temporary funding to 
the U.S. Department of Agriculture to maintain the services provided 
under the Perishable Agricultural Commodities Act [PACA].
  Unexpected increases have occurred over the last 2 years in the costs 
of the Agricultural Marketing Service [AMS] in providing services to 
the fruit and vegetable industry under the PACA. AMS is facing severe 
cutbacks that will adversely impact its ability to provide services to 
the buyers and sellers of fruits and vegetables.
  The various segments of the industry, including produce growers, 
brokers, wholesalers, and retailers have agreed to the imposition of a 
temporary fee on those who file complaints with AMS under PACA. This 
bill establishes the authority for that fee.
  The bill requires a fee of $60 to be paid when an informal complaint 
is filed. If the informal complaint procedures are not successful in 
resolving the problem, a $300 fee will be assessed when the complainant 
files a formal complaint. This $300 fee will be made a part of any 
damage award under a reparation order. The bill is to be effective for 
fiscal years 1995 and 1996.
  The Committee on Agriculture intends to review the operation of PACA. 
It is expected that the collection of the fees authorized by this bill 
will allow AMS to continue to provide a level of services adequate to 
meet the needs of the industry until PACA reforms can be implemented.
  Mr. LEWIS of Florida. Mr. Chairman, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4581

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

     SECTION 1. FILING AND HANDLING FEES FOR COMPLAINTS OF 
                   VIOLATIONS OF PERISHABLE AGRICULTURAL 
                   COMMODITIES ACT, 1930.

       (a) Temporary Filing Fee Required.--During fiscal years 
     1995 and 1996, the Secretary of Agriculture shall require 
     persons who submit petitions to the Secretary under section 
     6(a) of the Perishable Agricultural Commodities Act, 1930 (7 
     U.S.C. 499f(a)), alleging a violation of section 2 of such 
     Act (7 U.S.C. 499b), to include a filing fee of $60 per 
     petition.
       (b) Temporary Handling Fee Required.--During fiscal years 
     1995 and 1996, if the Secretary determines under section 6(a) 
     of the Perishable Agricultural Commodities Act, 1930 (7 
     U.S.C. 499f(a)), that the facts contained in a petition 
     described in such section warrant further action, the person 
     or persons submitting the petition shall submit to the 
     Secretary a handling fee of $300. The Secretary may not 
     forward a copy of the complaint to the commission merchant, 
     dealer, or broker involved until after the Secretary receives 
     the required handling fee. In determining the amount of 
     damages incurred by an injured person or persons preparatory 
     to issuing a reparation order under section 7 of such Act (7 
     U.S.C. 499g), the Secretary shall include the amount of any 
     handling fee paid by the injured person or persons under this 
     subsection.
       (c) Deposit of Fees.--The Secretary shall deposit fees 
     submitted under this section into the Perishable Agricultural 
     Commodities Act Fund.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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