Richard Pombo

Mr. POMBO

Mr. POMBO. Mr. Chairman, I yield 4 minutes to the coauthor of this amendment, the gentleman from Georgia [Mr. Chambliss].

Mr. POMBO. Mr. Speaker, I yield 2 minutes to my colleague, the gentleman from California [Mr. Doolittle].

Mr. POMBO. Mr. Chairman, I yield 1 minute to the gentlewoman from Idaho [Mrs. Chenoweth].

Mr. POMBO. Mr. Chairman, I yield 1 minute to the gentleman from Oregon [Mr. Cooley].

Mr. POMBO. Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey [Mr. LoBiondo]. (Mr. LoBIONDO asked and was given permission to revise and extend his remarks.)

Mr. POMBO. Mr. Chairman, I yield 1 minute to the gentleman from Idaho [Mr. Crapo].

Mr. POMBO. The gentleman is correct. The intention of the amendment, because it is a pilot program and is a temporary program, if it were to be made a permanent program, the repeal of the H-2A program so that we would have one program, would be the intention of the committee. And I would support the gentleman's amendment and accept it.

Mr. POMBO. Mr. Chairman, will the gentleman yield?

Mr. POMBO. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from North Carolina [Mr. Funderburk].

Mr. POMBO. Mr. Chairman, I yield 1 minute to the gentleman from North Carolina [Mr. Jones].

Mr. POMBO. Mr. Chairman, I thank the former ranking member, and I do agree with many of his sentiments. I hope in the future we do have a chance to work on this. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman from California [Mrs. Seastrand].

Mr. POMBO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today to offer an amendment that I believe accomplishes two very important goals. First, and most important, my amendment creating a pilot guest worker program makes H.R. 2202 a better bill--a more effective bill--that will strengthen our ability to curb illegal immigration. Second, my amendment will ensure that should H.R. 2202 create shortages in the availability of seasonal, agricultural labor, that non-Americans can be used--on a temporary basis--to pick the crops and manage the herds. This is in everyone's best interest. Contrary to some of the rhetoric on this issue, my amendment supports and enhances immigration control. The increased employer sanctions already in H.R. 2202 for hiring illegals--coupled with strong incentives to leave this country when the growing season ends--creates a vast improvement over current law. Added to that is the mandatory withholding of 25 percent of the worker's salary to be returned to his country of origin and collected when he returns. Even now, without the sanctions in H.R. 2202 or the incentives to leave in my amendment, very few alien agricultural workers overstay their visas. We can expect even this small number to drop under my proposal. This pilot program represents a substantial improvement over current law and provides numerous sanctions and incentives to stem the tide of illegals coming to America. At the same time, this pilot program would allow non-Americans to provide the farm and ranch labor when--and only when--we cannot find Americans to do it. Every consumer enjoys lowcost food benefits from this. My amendment accomplishes this not through loopholes or underenforcement of law, but rather by creating a workable program addressing a real shortage of Americans able and willing to provide seasonal farm and ranch labor, accompanied with strict control and enforcement. I also want to reiterate that this program would only be used if there is a shortage in American labor. If all those who say that there will be no shortage of workers are right--then this program will never be used and that's fine. But should these people be wrong, my amendment provides an insurance policy against fields of rotting, unharvested crops, which inevitably raises food prices. Finally, this amendment will not cost one American job. Any American who wants to do this work must be given the opportunity--as is already the case with the H2-A program. Currently, the only program designed to address this shortage of farm and ranch labor is the H-2A program. Anyone familiar with that program can speak of its shortcomings and constraints, and why it is largely unworkable for the agricultural needs of many States. It is my hope that the pilot program in my amendment can serve as the model for replacing the current H-2A program. My amendment is supported by an unprecedented coalition of nearly 70 State and Federal agricultural organizations including the American Farm Bureau, National Cattlemen's Association, National Council of Agricultural Employers, and many others. I urge my colleagues to support this pilot program as both an important tool to fight illegal immigration and as an insurance policy against unharvested food, closed farms and higher food costs. Please vote ``yes'' on the Pombo-Chambliss amendment. Mr. Chairman, I reserve the balance of my time.

Mr. POMBO. Mr. Chairman, I offer an amendment.

Mr. POMBO. Mr. Chairman, I yield 2 minutes to my colleague, the gentleman from California [Mr. Gallegly]. (Mr. GALLEGLY asked and was given permission to revise and extend his remarks.)

Mr. POMBO. Mr. Chairman, I yield 2 minutes to the gentleman from Georgia [Mr. Collins].

Mr. POMBO

Mr. POMBO. Mr. Speaker, today I would like to congratulate my uncle, Mr. Sergio Zilli, on the celebration of his 60th birthday. Uncle Serge has been an invaluable source of advice to me, in particular since I was sworn in to Congress. Serge is a happily married family man. He and Carol have raised three wonderful children. he has a successful business career, and his outgoing nature has won him hundreds of friends through California. His adventures in politics, however, have produced mixed results. Serge had a promising beginning when he was elected student body president at Jefferson Grammar School in Tracy, CA, and he has always been active in civic affairs. In the early 1970's, he made a run for the congressional seat held by a former member of this body, the Honorable John J McFall. Serge made a mighty effort, but the incumbent held on. Nearly 20 years later, with Serge's support, I was elected to essentially the same seat. Thank you for your support, Uncle Serge, and best wishes on your 60th birthday.

Mr. POMBO

Mr. POMBO. Mr. Chairman, I thank the gentleman for yielding one-half minute to me. I would just like to say to a few of the previous speakers that I have lost sugar producers in my district. I have lost processing plants in my district. The threat from foreign imports is very real in my district. But we have not talked enough about the reforms that the committee has made. We talk about less government. It is less government. We have completely reformed the sugar program. It is a no-cost program to the American taxpayer. But it does maintain somewhat of a producer safety net and is more market oriented. Please oppose this terrible amendment.

Mr. POMBO. Mr. Chairman, I rise today in support of H.R. 2854 and especially the dairy title. I am the first person to say that this dairy provision is not perfect; however, the Committee on Agriculture language is better than any other proposal we have seen in recent years and is certainly better than anything we will be voting on here tonight. It is unfortunate that there has been such a high level of confusion and misinformation over this subject. The bottom line, however, is easy. The Committee on Agriculture language saves the taxpayer $770 million, which is about $420 million more than it does the Solomon- Dooley amendment. At the same time the committee language, according to USDA, puts an additional $90 million in the pockets of California's dairy producers during the transition period, while the Solomon-Dooley amendment would cost the dairymen of my State $42.5 million. The Solomon-Dooley amendment would be a disaster for the American dairy farmer raising the average price for dairy farmers by 30 cents a hundredweight. While the dairy title would see a rise in 23 cents a hundredweight, the dairy title establishes a 2-year transition period during which the Department of Agriculture will develop and implement a reform dairy program. Should the dairymen of any order, including California, decide that they choose not to become a part of the Federal program as designed by USDA, then they have the right to vote themselves out. California could, if it chose, opt out of the Federal system and simply maintain the current system as they have now.

Mr. POMBO

Mr. POMBO. Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, I rise today in support of this resolution, and in strong opposition to the 1995 defense base closure recommendations forwarded to Congress by the President. I oppose this list for reasons both broad and specific. Specifically, the inclusion of McClellan AFB on this list is wholly unacceptable. The Sacramento area of California has already suffered through two previous rounds of base closures resulting in the total loss of over 28,000 jobs. The closure of McClellan will add another 13,000 direct, and many more indirect, jobs to that figure. This BRAC list calls for the closure of McClellan and Kelly Air Force Bases. This represents the costliest, most disruptive way to eliminate excess capacity in the Air Force depot system--and will have the worst impact on military mission support capabilities. More broadly, however, I am concerned that we are cutting muscle, and not just fat, with this round of closures. After extensive visits and consultations, I am convinced that there are serious questions of national security arising from this BRAC list. Once we close a military facility, we will never get it back. Therefore, it is common sense that we must be cautious and discerning about each and every facility we close. At issue here is, first and foremost, an issue of America's military preparedness, and of our ability to influence and shape global affairs into the next century. I have not yet seen a serious, detailed, and integrated plan for our future security requirements that analyzes base closures in light of the needs of our 21st century military. I believe that such a plan must be produced and debated prior to closing scores of military bases, and most especially before consideration is given to closing McClellan Air Force Base.

Mr. POMBO

Mr. POMBO. Mr. Chairman, I rise today to address the section of H.R. 2099, the fiscal year 1996 VA-HUD appropriations bill, that will prevent the Federal Emergency Management Agency [FEMA] from spending any further taxpayer dollars for work on flood insurance rate maps [FIRM] for the city of Stockton and San Joaquin County, CA. I have worked with this appropriations subcommittee to see that language is included in this bill that would ensure that these inaccurate and deficient maps are not prematurely imposed on the Stockton metropolitan area. This Congress must ensure that FEMA is a partner with the city and county in providing accurate and complete information on the risk of flooding and to assist in coordinating the completion of improvements to the existing levee system. Such a coordinated effort will more rapidly restore an adequate level of flood protection and enhance, rather than threaten, the regional, and State's economy. Unlike most FEMA floodplain maps for urbanized areas, the proposed FIRM's for Stockton do not indicate flood depths. Such information is critical to determine insurance premium rates and building code requirements. Because FEMA did not provide this information during its most recent flood insurance study, the city and county can only estimate flood depths, thereby assuming liability for inaccurate estimates, in addition to its individual property owners incurring the costs of determining the appropriate flood depths. In order to minimize this cost to property owners, the city and county have stepped forward to fully finance the necessary flood depth study. This necessary study is expected to be completed in 2 years. The legislation we are adopting today will suspend FEMA's maps and ensuing process, at least for 1 year, while the study is conducted. FEMA's draft maps also contain significant errors. Processing has already been delayed by FEMA because of omissions and inclusions that were not part of the initial draft. The city and county have already hired an engineering firm to review the maps, and numerous other errors have been found. Despite the fact that the city and county are moving rapidly to review the proposed FIRM's, the 90-day appeal period allowed by FEMA is insufficient time considering the vast area that has been remapped. My provision contained in the appropriations bill is intended to prevent the appeal period from expiring while more accurate data is collected and eventually provided to FEMA. Mr. Speaker, FEMA has praised the city and county for the initiative they have exercised to respond to these maps and the potential for future flooding. Since being notified last November, that nearly the entire metropolitan area was being redesignated as a floodplain, the local governments have already established a joint powers authority [JPA], retained engineering and public finance consultants, and appropriated more than $2 billion. The city and county JPA plans to construct the needed flood protection improvements without Federal financial assistance in order to expedite completion of the project. The JPA has already established a fast-track schedule that begins constructions in May 1996 and expects completion before the end of 1998. We must now ensure that FEMA's administrative actions assist rather than impede this effort.

Mr. POMBO

Mr. POMBO. Mr. Speaker, I thank the gentleman from Texas for yielding to me. Mr. Speaker, the House Committee on Agriculture was pleased to unanimously report H.R. 1103 as amended to the House on June 28, 1995, with the recommendation that it do pass. H.R. 1103 is a collaborative effort between the House Committee on Agriculture, USDA, the fruit and vegetable and retail industry to modernize, streamline, and strengthen the Perishable Agricultural Commodities Act. Briefly, H.R. 1103 includes provisions to phase retailers and grocery wholesalers out of the license fee payment in [[Page H 7969]] 3 years, establish a one-time administrative fee for new retailers and grocery wholesalers, increase license fees for those remaining in the program from $400 to $550, and allow USDA to adjust future license fees under rulemaking authority, implement a paperless system to administer the PACA trust, add new language requiring USDA to receive a written complaint before pursuing an investigation, require the department to inform the subject about the status of the investigation no later than 100 days after the initial notification, adjust administrative penalties and establish civil penalties under PACA, continue current fees for informal and formal reparation complaints, clarify the status of collateral fees and misbranding violations and, finally, amend responsibly connected provisions of PACA. CBO estimates that USDA's total spending for PACA activities will be reduced under H.R. 1103. I would like to thank the industry, USDA, House Committee on Agriculture counsel, and the Office of Legislative Counsel for sharing generous amounts of their time, effort, and expertise in assisting the committee in reaching this very important goal. I urge passage of H.R. 1103. To the ranking member of the Committee on Agriculture, I would like to thank the gentleman very much for all the work that he has put into this issue over the years.

Mr. POMBO. Mr. Speaker, I ask unanimous consent for the immediate consideration in the House of the bill (H.R. 1103) entitled ``Amendments to the Perishable Agricultural Commodities Act, 1930''.

Mr. POMBO

Mr. POMBO. I thank the gentleman for yielding me the time. Mr. Chairman, I find it quite interesting that the same people who are proposing this amendment were not down on this floor just a few days ago yelling and screaming about legislating on an appropriations bill when we appropriated money for the Endangered Species Act which ceased to exist in 1992 and has been kept alive solely by the appropriations process. Nor were they on this floor yesterday complaining about the Coastal Zone Management Act which has expired and is being kept alive by the appropriations process. Again I think what we are witnessing here today is exactly what led us into this problem to begin with. That anytime that a Federal agency wants to do something, when an out-of-control bureaucracy like the Environmental Protection Agency, which in my district has decided it would be a great idea to tell people they can only drive to work 4 out of 5 days----

Mr. POMBO

Mr. POMBO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 1103, the bill just passed.

Mr. POMBO

Mr. POMBO. Mr. Chairman, I rise today to address the section of H.R. 2099, the fiscal year 1996 VA-HUD Appropriations Bill, that will prevent the Federal Emergency Management Agency [FEMA] from spending any further taxpayer dollars for work on Flood Insur- [[Page H 7839]] ance Rate Maps [FIRM] for the City of Stockton and San Joaquin County, CA. I have worked with this appropriations subcommittee to see that language is included in this bill that would ensure that these inaccurate and deficient maps are not prematurely imposed on the Stockton metropolitan area. This Congress must ensure that FEMA is a partner with the city and county in providing accurate and complete information on the risk of flooding and to assist in coordinating the completion of improvements to the existing levee system. Such a coordinated effort will more rapidly restore an adequate level of flood protection and enhance, rather than threaten, the regional and state economies. Unlike most FEMA floodplain maps for urbanized areas, the proposed FIRMs for Stockton do not indicate flood depths. Such information is critical to determine insurance premium rates and building code requirements. Because FEMA did not provide this information during its most recent flood insurance study, the city and county can only estimate flood depths, thereby assuming liability for inaccurate estimates, in addition to its individual property owners incurring the costs of determining the appropriate flood depths. In order to minimize this cost to property owners, the city and county have stepped forward to fully finance the necessary flood depth study. This necessary study is expected to be completed in two years. The legislation we are adopting today will suspend FEMA's maps and ensuing process, at least for one year, while the study is conducted. FEMA's draft maps also contain significant errors. Processing has already been delayed by FEMA because of omissions and inclusions that were not part of the initial draft. The city and county have already hired an engineering firm to review the maps, and numerous other errors have been found. Despite the fact that the city and county are moving rapidly to review the proposed FIRMs, the 90-day appeal period allowed by FEMA is insufficient time considering the vast area that has been remapped. My provision contained in the appropriations bill is intended to prevent the appeal period from expiring while more accurate data is collected and eventually provided to FEMA. Mr. Chairman, FEMA has praised the city and county for the initiative they have exercised to respond to these maps and the potential for future flooding. Since being notified last November, that nearly the entire metropolitan area was being redesignated as a floodplain, the local governments have already established a joint powers authority [JPA], retained engineering and public finance consultants, and appropriated more than $2 million. The city and county JPA plans to construct the needed flood protection improvements without federal financial assistance in order to expedite completion of the project. The JPA has already established a fast-track schedule that begins construction in May 1996 and expects completion before the end of 1998. We must now ensure that FEMA's administrative actions assist rather than impede this effort.