Page:United States Statutes at Large Volume 109 Part 1.djvu/445

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PUBLIC LAW 104-48—NOV. 15, 1995 109 STAT. 429 violations of this Act to be investigated. Not later than 180 days after providing the initial notification, the Secretary shall provide the subject of the investigation with notice of the status of the investigation, including whether the Secretary intends to issue a complaint under paragraph (2), terminate the investigation, or continue or expand the investigation. The Secretary shall provide additional status reports at the request of the subject of the investigation and shall promptly notify the subject of the investigation whenever the Secretary terminates the investigation. ". (c) INCREASE IN THRESHOLD FOR SHORTENED PROCEDURE CASES.— Subsection (d) of such section is amended by striking "$15,000" both places it appears and inserting "$30,000". (d) STYLISTIC AMENDMENTS.—Such section is further amended— (1) by striking the section heading and "SEC. 6." and inserting the following: "SEC. 6. COMPLAINTS, WRITTEN NOTIFICATIONS, AND INVESTIGA- TIONS."; (2) in subsection (d), by inserting "DECISIONS ON COM- PLAINTS.— " after "(d)"; and (3) in subsection (e), by inserting "BOND REQUIRED FOR CERTAIN COMPLAINTS.— " after "(e)". SEC. 8. FILING AND HANDLING FEES FOR REPARATION COMPLAINTS. (a) PERMANENT FILING AND HANDLING FEES. —Section 6(a) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f(a)), is amended— (1) by striking "(a)" and inserting the following: • "(a) REPARATION COMPLAINTS.— "(1) PETITION; PROCESS.— ";and (2) by adding at the end the following new paragraph: "(2) FILING AND HANDLING FEES. —^A person submitting a petition to the Secretary under paragraph (1) shall include a filing fee of $60 per petition. If the Secretary determines under paragraph (1) that the facts contained in the petition 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. The Secretary shall deposit fees submitted under this paragraph into the Perishable Agricultural Commodities Act Fund provided for by section 3(b). The Secretary may alter the fees specified in this paragraph by rulemaking under section 553 of title 5, United States Code.". (b) INCLUSION OF HANDLING FEE IN CALCULATION OF DAM- AGES.^ -Section 5(a) of such Act (7 U.S.C. 499e(a)) is amended by inserting after "damages" the following: "(including any handling fee paid by the injured person or persons under section 6(a)(2))". (c) CONFORMING AMENDMENT TO TEMPORARY FEE AUTHORITY.— Public Law 103-276 (7 U.S.C. 499f note) is repealed. SEC 9. CONSIDERATION OF COLLATERAL FEES AND EXPENSES. (a) DEFINITION.—Section 1(b) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)), is amended by inserting