Lincoln Diaz-Balart

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, just the State I am honored to represent alone, Florida, exports are expected to jump by over $160 million, and 1,700 jobs are to be created in the first year alone if the agreement with Colombia is ratified. That is just the State that I am honored to represent alone. At this point, Mr. Speaker, I would like to yield 5 minutes to the gentleman from Illinois (Mr. Shimkus). (Mr. SHIMKUS asked and was given permission to revise and extend his remarks.)

Mr. LINCOLN DIAZ-BALART of Florida. I yield the gentleman an additional 2 minutes.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my privilege to yield 4 minutes to the distinguished gentleman from Pennsylvania (Mr. Peterson).

Mr. LINCOLN DIAZ-BALART of Florida. Yes. We have an additional speaker.

Mr. LINCOLN DIAZ-BALART of Florida. I yield the gentleman 2 additional minutes.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, first of all I would like to thank my good friend, the gentlewoman from California (Ms. Matsui) for the time, and I yield myself such time as I may consume. Mr. Speaker, Florida is the number one travel destination in the world, with over 80 million visitors last year. They contributed over $60 billion to the economy of the State. Part of the reason so many people come to Florida is because of the over 1,200 miles of beautiful beaches throughout the State. Florida's great beaches provide an endless wealth of recreational opportunities. But in order for everyone to enjoy those great beaches we have to make sure that the waters are safe and that they are clean. In 2000, Congress passed the Beaches Environmental Assessment and Coastal Health Act. That legislation was passed to limit and prevent human exposure to polluted coastal recreation waters by assisting States and local governments to implement beach monitoring assessment and public notification programs. In addition, that act required States and tribes with coastal recreation waters to adopt minimum water quality standards for pathogens and pathogen indicators. The legislation being brought to the floor today with this rule would reauthorize the BEACH Act through 2012 and increase the annual authorized appropriation from $30 million to $40 million. Again, Mr. Speaker, the majority likes to proclaim that they have offered yet another bill under what they call an open rule; but this is not an open rule, this is a restrictive rule. According to a Survey of Activities of the House Committee on Rules from the 104th Congress, an open rule is defined as ``one under which any Member may offer an amendment that complies with the standing rules of the House and the Budget Act.'' A modified open rule, requiring preprinting in the Congressional Record, is defined as a type of rule that permits the offering only of those amendments printed in the Congressional Record. Because Members under this rule must submit their amendments prior to floor consideration, they are prohibited from offering amendments on the floor as the debate progresses. So if a Member is watching the debate and has an idea to improve the bill, this rule prevents that Member from offering their amendment. So by its very nature, this rule is restrictive. It is not an open rule and the majority should stop calling it that. I also would like to point out that once again the majority offers even this modified open rule, or modified restrictive rule on noncontroversial bills, bills with obvious bipartisan support. For example, the underlying legislation passed the House Transportation and Infrastructure Committee by a unanimous vote. If the majority really wants to live up to their campaign promise of a more open and bipartisan Congress, then they should offer a truly open rule on this bill, and on bills where there is some controversy as well. On Tuesday, a distinguished member of the Rules Committee, the gentleman from Washington (Mr. Hastings), offered an amendment to the rule which would have allowed the House to consider this noncontroversial bill under a truly open rule. However, that amendment was defeated. So instead, here we are 16 months into the new majority under another restrictive rule. Other than on appropriations bills, the new majority has allowed only one open rule. Today they had the chance to double the number of open rules; but instead, they decided to use a restrictive process for a noncontroversial bill. I don't know what they are afraid of. The original BEACH Act was considered under a true open rule. We should have considered this bill under suspension of the rules which doesn't even require a rule, it just goes automatically to the floor because it is noncontroversial, and we should have instead finished our work on bipartisan legislation to protect Americans from international terrorism, the Foreign Intelligence Surveillance Act known as FISA. Or we could have considered legislation to postponed the scheduled 10.1 percent cut in Medicare payments for physicians and other health care professionals. Instead, what we are doing today, Mr. Speaker, what the majority leadership has decided to do today is to make this a day of legislative action that will live in infamy. Ever since 1974, legislation has existed, Mr. Speaker, to permit agreements that are negotiated with foreign governments by the United States, trade agreements, to come to this floor under the Trade Act of 1974 that established trade promotion authority, certainty in the rules process for when an agreement is negotiated so that our negotiating partners, countries we are negotiating with, know that there are certain rules. That if the United States makes a deal, enters into an agreement, that that agreement will be brought to the floor. And so what the majority leadership in this Congress has done today is to say yes, yes, yes, but for and except Colombia. Colombia, that happens to be our best ally and friend in this hemisphere, under the measure today being brought to the floor by the majority leadership of this House, they are being insulted. And so our trade rules apply, yes; but for Colombia, Mr. Speaker. That is what the majority leadership has decided to do today. What they have told Colombia, in the midst of a war against narcotraffickers, financed by narcotrafficking, the enemies of Colombia, what the Democratic leadership of this House is telling the democratically elected government of Colombia today is: We don't care; we don't care. The trade rules apply to the world, but not to you. Well, fortunately, there is an administration, an executive branch that is standing with the people of Colombia and their democratically elected government and President, President Alvaro Uribe. And there are a lot of Members in this House, Mr. Speaker, who also stand with the people of Colombia as they fight the terrorists, as they bravely confront the terrorists. There are a lot of us in this House who stand with the people of Colombia, and a lot of us in the Senate who do also. But unfortunately, the majority leadership has said to Colombia today: No, you're on your own. Well, I want the people of Colombia to know that they are not alone. We will continue to stand with the people of Colombia and their democratically elected government despite this day of legislative action that will live in infamy because that is what the majority leadership has scheduled today. The exception, the legislative exception for, in this instance, the best ally that the United States has in this hemisphere, Colombia. And that's more than unfortunate. Now, with regard to the legislation on beaches that is absolutely noncontroversial, it should have been brought to the floor automatically. Obviously we are all in support of that legislation, Mr. Speaker. I reserve the balance of my time.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Illinois (Mr. Shimkus). (Mr. SHIMKUS asked and was given permission to revise and extend his remarks.)

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, what the majority leadership of this Congress, what this rule is saying to Colombia today is you voted to tie your economy to the United States, but, sorry, we don't care. You are at war with narcoterrorists armed to the teeth by drug money and given sanctuary by neighboring governments. Sorry, we don't care. You have voted, not once, twice, overwhelmingly, to support your brave President and his government and the Colombian armed forces as they fight the narcoterrorists and defend your rule of law. Sorry, we don't care. Well, I say to the people of Colombia, like the President of the United States, many of us here in Congress are with you, and you are not alone despite this day of legislative action that will live in infamy.

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, on that I demand the yeas and nays.

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. I yield the gentleman 30 additional seconds, Mr. Speaker.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, on that I demand the yeas and nays.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my privilege to yield 3 minutes to the gentleman from Georgia (Mr. Gingrey), a physician who does so much on issues of health day in and day out throughout the United States, and, as on this issue, throughout the world.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I would like to thank the gentleman from Massachusetts (Mr. McGovern) for the time, and I yield myself such time as I may consume. During his 2003 State of the Union address, President Bush outlined a bold new plan to confront and combat the scourge of HIV/AIDS, tuberculosis, and malaria. Congress followed through and passed the U.S. Leadership Against HIV/AIDS, Tuberculosis and Malaria Act, known as the President's Emergency Plan For Aids Relief, PEPFAR, authorizing $15 billion in assistance to combat these diseases for fiscal years 2004 through 2008. That was the largest commitment ever by any nation for an international health initiative fighting a single disease. Since its enactment in 2003, the programs created by this landmark legislation have made admirable progress in combating those horrible diseases. So far more than 1.4 million people have received life-preserving antiretroviral treatment, over 2.7 million HIV/AIDS-affected orphans have received care, and many millions more have received instruction on how to protect themselves from infection. Tens of millions of people have received malaria and tuberculosis prevention or treatment services. Even though this program has achieved remarkable successes, there is more that we can do. Tuberculosis still kills an estimated 2 million people each year and is the leading cause of death for people with AIDS. One million people die from malaria each year. AIDS is the world's fourth leading cause of death. The devastating consequences of these diseases are plaguing sub- Saharan Africa. Over 22.5 million people are living with HIV, and approximately 1.7 million additional sub-Saharan Africans were infected with HIV last year. Just last year this horrible AIDS epidemic claimed the lives of an estimated 1.6 million people in that region. More than 11 million children have been orphaned by AIDS. Many families are losing their income earners. Health services are overburdened. Life expectancy in sub-Saharan Africa is now 47 years. Economic activity and social progress is impeded. We must do all we can to prevent these tragedies. The underlying legislation, justly and appropriately named the Tom Lantos and Henry Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, will dramatically augment our commitment to fight these horrible diseases with an increase of approximately $35 billion in funding for a total of $50 billion over 5 years. Some of my constituents are immigrants from Haiti and have family and friends in their land of origin. I often hear about the disastrous effects that HIV/AIDS is having on that country. As of 2007, Haiti had an HIV rate of almost 4 percent. Thankfully, since Congress passed PEPFAR we have invested over $300 million to help Haiti combat the AIDS pandemic by building on existing clinic and community-based health resources; expanding a network of satellite connections to the Centers of Excellence to permit instant review of difficult cases; training staff members of health care facilities that provide prenatal, gynecological and maternity care in provision of prevention of mother- to-child HIV transmission; and enhancing the lab network for clinical sites to support the diagnosis and treatment of HIV and other associated infections. I am pleased the legislation will also now cover several other countries that were previously not part of PEPFAR. As I said yesterday in the Rules Committee, when we look upon our work in Congress many years from now, I can think of nothing that we or anyone else will be able to point to that is of more importance than this admirable effort by the great and generous American people, this massive effort proposed by President Bush here in the United States House of Representatives during his State of the Union Address of 2003, the President's Emergency Plan for AIDS Relief. I would like to thank Chairman Berman and Ranking Member Ros-Lehtinen and Chairman Payne and Ranking Member Smith for their marvelous bipartisan, very hard work on this important issue. I also wish to thank them for naming this landmark program for two ultimately respected colleagues of ours who have recently left us, Henry Hyde and Tom Lantos. This is truly a fitting tribute for two remarkable human beings and public servants. Mr. Speaker, I reserve the balance of my time.

Mr. LINCOLN DIAZ-BALART of Florida. I yield 3 minutes to the distinguished gentleman from California (Mr. Rohrabacher).

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my privilege to yield 3 minutes to the distinguished gentleman from Puerto Rico, who is a leader on issues of health and has so much contributed to this important legislation, Mr. Fortuno.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I will be asking for a ``no'' vote on the previous question so that we can amend the rule and allow the House to consider a change to the rules of the House to restore accountability and enforceability to the earmark rule. Under the current rule, so long as the chairman or the sponsor of a bill, joint resolution, conference report, or manager's amendment includes either a list of earmarks contained in a bill or a report, or a statement that there are no earmarks, no point of order lies against the bill. This is the same as the rule in the last Congress. However, under the rule as it functioned under the Republican majority in the 109th Congress, even if the point of order was not available on the bill, it was always available on the rule as a ``question of consideration.'' Because the Democratic Rules Committee specifically exempts earmarks from the waiver of all points of order, they deprive Members of the ability to raise the question of earmarks on the rule. This amendment will restore the accountability and enforceability of the earmark rule to where it was at the end of the 109th Congress to provide Members with an opportunity to bring the question of earmarks before the House for a vote. Last year the distinguished new Speaker said that if she were to become Speaker of the House, she would require all earmarks to be publicly disclosed and would ``put it in writing.'' However, as we have seen, this Congress, the majority have not fulfilled their promise. Mr. Speaker, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question.

Mr. LINCOLN DIAZ-BALART of Florida. I would ask my friend if he has any other speakers.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 5 minutes to the distinguished ranking member of the Committee on Foreign Affairs who has had such an important role and hand in this legislation, the gentlewoman from Florida (Ms. Ros-Lehtinen).

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it's my privilege to yield 4\1/2\ minutes to the distinguished gentleman from Florida, also a physician, Dr. Weldon.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 4 minutes to the distinguished gentleman from Texas (Mr. Culberson).

Mr. LINCOLN DIAZ-BALART of Florida. I yield back the balance of my time.

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield an additional minute to Mr. Culberson of Texas.

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I object to the vote on the grounds that a quorum is not present and make the point of order that a quorum is not present.

Mr. LINCOLN DIAZ-BALART of Florida

Mr. LINCOLN DIAZ-BALART of Florida. Mr. Chairman, I reserve.

Mr. LINCOLN DIAZ-BALART

Mr. LINCOLN DIAZ-BALART. Madam Speaker, I rise today to speak about Randy Cabrera Mayor, a prisoner of conscience in totalitarian Cuba. Mr. Cabrera Mayor was imprisoned by the Cuban totalitarian dictatorship in 1989, a month before his 19th birthday. for his refusal to join the dictatorship's armed forces. Eight months after his imprisonment, Mr. Cabrera Mayor courageously escaped the atrocious confinement facility known as ``Ganusa'', located in San Jose de las Lajas. He promptly built himself a makeshift boat and attempted to reach freedom in the United States. Unfortunately, Mr. Cabrera Mayor was caught ten miles off the coast of Matanzas by agents of the communist dictatorship. He was convicted by a sham tribunal on charges of ``treason'' and ``illegal departure from the island.'' This would mark the first of many unsuccessful attempts by this brave political prisoner to achieve his god-given right to freedom. My colleagues, I wish to bring to your attention the inhumane conditions Mr. Cabrera Mayor is currently living in. The food he is being provided is consistently under an advanced stage of decomposition to the point that it is propagating intestinal diseases. He spends long periods of time in solitary confinement without access to a bathroom and shackles have been attached to his ankles to hinder his movements. When not in solitary confinement, Mr. Cabrera Mayor and other political prisoners are held in the same cells as common criminals of the most dangerous kinds. Madam Speaker, Mr. Randy Cabrera Mayor has engaged in numerous hunger strikes to protest his conditions and those of other prisoners, and he has been met with threats of beatings and withholding of sustenance, all in accordance with the usual treatments that the brutal regime that currently oppresses Cuba affords its political opponents in the dark and cruel world of Castro's gulags. Madam Speaker and colleagues, the conditions in which prisoners of conscience in Cuba are held are abominable and condemnable. We must demand the immediate release of Mr. Cabrera Mayor and all unjustly incarcerated prisoners, including all the political prisoners in totalitarian Cuba.