[Congressional Record Volume 162, Number 145 (Monday, September 26, 2016)]
[House]
[Pages H5874-H5875]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLARIFICATION OF TREATMENT OF ELECTRONIC SALES OF LIVESTOCK ACT OF 2016
Mr. ROUZER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5883) to amend the Packers and Stockyards Act, 1921, to
clarify the duties relating to services furnished in connection with
the buying or selling of livestock in commerce through online, video,
or other electronic methods, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5883
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarification of Treatment
of Electronic Sales of Livestock Act of 2016''.
SEC. 2. DEFINITION OF MARKET AGENCY.
(a) In General.--Section 301(c) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 201(c)) is amended--
(1) by striking ``; and'' at the end and inserting a
period; and
(2) by adding at the end the following: ``Beginning on the
date of the enactment of the Clarification of Treatment of
Electronic Sales of Livestock Act of 2016, such term includes
any person who engages in the business of buying or selling
livestock, on a commission or other fee basis, through the
use of online, video, or other electronic methods when
handling or providing the means to handle receivables or
proceeds from such buying or selling, so long as such
person's annual average of online, video, or electronic sales
of livestock, on a commission or other fee basis, exceeds
$250,000.''.
(b) Technical Amendments.--Section 301 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 201) is amended--
(1) in the matter preceding subsection (a), by striking
``When used in this Act--'' and inserting ``In this Act:'';
(2) in subsection (a), by striking the semicolon at the end
and inserting a period; and
(3) in subsection (b)--
(A) by striking ``weighting'' and inserting ``weighing'';
and
(B) by striking the semicolon at the end and inserting a
period.
SEC. 3. METHODS TO TRANSFER FUNDS.
Section 409(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 228b(a)) is amended--
(1) in the first proviso, by striking ``shall wire transfer
funds to the seller's account'' each place it appears and
inserting ``shall transfer funds for the full amount of the
purchase price to the account of the seller by wire,
electronic funds transfer, or any other expeditious method
determined appropriate by the Secretary''; and
(2) in the second proviso, by striking ``or dealer shall
wire transfer funds'' and inserting ``or dealer shall
transfer funds for the full amount of the purchase price by
wire, electronic funds transfer, or any other expeditious
method determined appropriate by the Secretary''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Rouzer) and the gentleman from Minnesota (Mr.
Peterson) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. ROUZER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 5883, the Clarification of Treatment of
Electronic Sales of Livestock Act of 2016.
The bill before us today makes simple, targeted reforms to an
outdated statute in order to make it compatible with new practices that
have come about because of advances in technology.
The Packers and Stockyards Act was enacted to protect buyers and
sellers of livestock from unfair, deceptive, and discriminatory
practices. However, the statute has not undergone a thorough revision
since being enacted in 1921, resulting in various outdated
requirements.
To account for the current practices that businesses use to buy and
sell livestock, H.R. 5883 makes clarifying modifications, ensuring that
the protections of the Packers and Stockyards Act apply to those who
buy and sell livestock online on a commission or other fee basis.
The Packers and Stockyards Act of 1921 references only two forms of
payment methods acceptable under the act's prompt payment
requirements--checks and wire transfers. To update this provision, the
bill adds electronic transfer of funds to the list of acceptable
methods of payment and gives the Secretary the flexibility to approve
other new methods of payment as deemed appropriate.
These commonsense changes are supported by the vast majority of the
livestock community--in fact, we know of no opposition--and were
unanimously supported by my colleagues on the House Agriculture
Committee.
I urge my colleagues to support these important modifications with
their vote for this bill.
Mr. Speaker, I reserve the balance of my time.
[[Page H5875]]
Mr. PETERSON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 5883 makes a very narrow fix to help bring the
Packers and Stockyards Act to the 21st century.
The bill is the result of a thorough review of the act to identify
areas for modernization. The committee worked with the industry to
provide clarity in the law regarding certain practices related to
online transactions in the livestock markets. H.R. 5883 passed the
Agriculture Committee by voice vote and has the support of seven major
agriculture organizations.
Again, this is a very straightforward bill, providing for minor,
technical changes to the Packers and Stockyards Act.
I urge my colleagues to vote ``yes.''
I yield back the balance of my time.
Mr. ROUZER. Mr. Speaker, I want to again urge all of my colleagues in
this Chamber to support this bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Rouzer) that the House suspend the
rules and pass the bill, H.R. 5883, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________