Lincoln Diaz-Balart

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I move the previous question on the resolution.

Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I commend the gentleman from Wisconsin (Mr. Sensenbrenner). I think he has done a wonderful job for bringing forth this legislation. I want to thank my colleagues on the Committee on Rules; we worked long hours today beginning early in the morning on this. This bill is a compromise between the Senate's bipartisan legislation and our bipartisan legislation. I think it is a good piece of legislation that should be passed. In order for it to get to the floor, I would urge my colleagues to pass the rule. I would point out that yesterday, not 1 month ago, yesterday, the FBI issued a statement informing all Americans that the Nation is at risk of another attack at any time. The legislation before us, in effect, provides law enforcement with tools to try to prevent another attack. I would respectfully urge my colleagues who have expressed disagreement with the legislation to not compare this bill, which is a reasonable bill providing reasonable tools for law enforcement, with excesses that have occurred at other points in history in the past. This bill is not one of excesses; it is one of reasonable tools for law enforcement. For example, grand jury information; information that is garnered, that is obtained by a grand jury with regard to terrorists, this bill, the compromise before us today, permits that information to be shared with the FBI. That is the kind of reasonable measure that we need in order to prevent further attacks in the future. With regard to the standards to detain and charge a terrorist, if there are reasonable grounds to believe that the person being harbored will commit a terrorist act, then that person can be detained. The bill that was previously passed by the Committee on the Judiciary had a standard which I believe was not reasonable. It said that someone had to have committed or was about to commit, has committed or is about to commit, a terrorist act. It almost required the commission of the terrorist act before the terrorist could be detained. With regard to immigration, someone from another country, a noncitizen, could be detained under this legislation for 7 days. Then he either has to be charged or released. That is a reasonable measure. The sunset issue was brought out with regard to the legislation. The Senate has no sunset. The original legislation that came out of the Committee on the Judiciary had a 2-year sunset. The compromise legislation before us today has a 3-year sunset, with 2 more possible years if there is a Presidential certification of need, for a total period of 5 years. Then there is a sunset. So again, these are reasonable steps to give tools to law enforcement to try to at least have them have this government do everything possible to avoid another September 11. That is what we are dealing with today. So I urge my colleagues to support this rule to bring forth the legislation and to support this legislation so that we, at least, can know that we have done everything possible at this time to prevent another tragedy. Mr. Speaker, I urge the adoption of this resolution, as well as a favorable vote on the underlying legislation.

Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Georgia (Mr. Kingston).

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Michigan (Mr. Rogers).

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to my good friend, the gentleman from Ohio (Mr. Traficant). (Mr. TRAFICANT asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Indiana (Mr. Pence).

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), the distinguished chairman of the Committee on the Judiciary and the principal architect of this legislation in the House.

Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentlewoman from New Jersey (Mrs. Roukema). (Mrs. ROUKEMA asked and was given permission to revise and extend her remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Coble).

Mr. DIAZ-BALART. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), my dear friend, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. House Resolution 246 is a closed rule providing for the consideration of H.R. 2975, the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism bill, or the PATRIOT bill for short. House Resolution 264 provides for 1 hour of debate in the House, equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. The rule also provides an amendment in the nature of a substitute consisting of the text of H.R. 3108 shall be considered as adopted. The rule waives all points of order against the bill, as amended. And finally, House Resolution 264 provides for one motion to recommit, with or without instructions. As I stated before, Mr. Speaker, this is a closed rule which will allow for expedited consideration of the critical issue before the Congress today. Mr. Speaker, the United States is at war. The American people have been attacked on our own soil by evil men who have learned to skirt many of our laws that are designed to protect Americans. The underlying legislation has been crafted to give our Nation's law enforcement officials additional necessary tools for the war on terrorism. We must do everything within our power so that the events of September 11 never again happen. It is no secret, Mr. Speaker, that there are some Members of this body who are displeased with the legislation before us because they consider that it goes too far. I can assure my colleagues, Mr. Speaker, that there are many Members of Congress who believe that this legislation does not go far enough. We have heard a number of them on the floor today. The gentleman from New York (Mr. Sweeney), the gentleman from Florida (Mr. Deutsch), the gentleman from Delaware (Mr. Castle), and others. This bill reflects the essence of compromise. The gentleman from Wisconsin (Mr. Sensenbrenner) and other members who have crafted this critical legislation, legislation which is similar to the Senate bill, that it passed last night, will give the President of the United States and various law enforcement departments and agencies tools needed to wage an effective campaign against terrorism in the wake of the September 11 terrorist attacks. We will have ample opportunity during this coming hour of debate on this rule as well as the subsequent debate on the underlying legislation to bring out the details of the legislation. At this initial point, Mr. Speaker, what I would like to do is urge my colleagues to join me in passing this rule so that the House may proceed quickly to consider the underlying legislation. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Flake).

Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Kirk).

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I wish to join my colleagues in wishing the people of Taiwan the very best as they mark their National Day on October 10, 2001. The people of Taiwan have demonstrated their dedication to human rights, political freedom, and democracy as they have consistently remained an important ally of the United States. Taiwan has expressed its support of and grief for the tragic events of September 11th and has indicated they will spare no effort in helping America win the war against international terrorism. We are deeply appreciative of their continued friendship as we extend to the people and government of the Republic of China on Taiwan our best wishes on this day of national celebration for our close ally.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, this great Nation is a Nation made from many origins but with a national identity and a national cohesion, a nationhood, which is almost unprecedented in the history of the world. Yet American patriotism is not threatening to others. Americans seek to do no harm to the rest of the world. Quite the contrary. Repeatedly, Americans have gone to the aid of others whose sovereignty and freedom have been kidnapped by tyrants. America is a peaceful and free Nation; and we intend to pass on that peace and freedom to our children so that they, in turn, may bequeath it to their children. America is free and secure because each generation has made certain to preserve our freedom and our security for the next generation. There can be no freedom without security, just as security without freedom is the essence of dictatorship, something that this Nation, thanks be to God, has never known and will never know. It is now this generation's turn, Mr. Speaker, this generation's responsibility to preserve freedom and security for our posterity, and our commander in chief, our Armed Forces, and this entire Nation will not fail.

Mr. DIAZ-BALART. Mr. Speaker, at this historic moment when Congress and the American people stand united behind the President, our Commander in Chief, as America prepares to reclaim its security and punish the murderers who struck our Nation this week, I ask unanimous consent that it shall be in order at any time without intervention of any point of order to consider in the House, House Joint Resolution 64, to authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States; The joint resolution shall be considered as read; the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except, one, 5 hours of debate on the joint resolution, equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations; and two, one motion to recommit; and, upon passage of the joint resolution, the House shall be considered to have passed Senate Joint Resolution 23.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I thank the gentleman for yielding me this time. Yesterday, terrorists attempted to spread fear throughout this great land as they murdered innocent men, women and children. These cowards, in effect, declared war on the United States; and we will fight back. America is the light of freedom and opportunity around the world. Those cowards attempted to extinguish that light from the world, but we will never allow it to be dampened. The American people will now demonstrate their resilience. America will show the world that in the face of tragedy it becomes stronger, and the American people become more united. As the sun rose this morning, the light of American freedom burns stronger. Americans from all walks of life have come together in pursuit of the common mission supporting all necessary action to end the scourge of terrorism. Americans continue to search for survivors and comfort those who suffer. Our prayers go out to the victims, their families and the valiant rescue efforts. The American people, Mr. Speaker, are a peaceful people. Americans do not seek to conquer other peoples or commit violence against others; but because of America's power and prosperity and freedom, America and Americans are hated and envied by resentful forces of evil in the world. The battle before us will be long and difficult, but the United States has overcome before, and it will do so again. Americans, united together, will send the cowardly terrorists shrieking in fear when they realize the resolve of the American people and the brilliance with which America's light of liberty shines. God bless this great Nation, a beacon of freedom.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, yesterday marked another anniversary of the tragic events of July 26, 1953, when Fidel Castro, along with a band of supporters, attacked a military barracks in eastern Cuba in order to make a name for himself, causing the deaths of dozens of Cubans in what will doubtless be considered as a national day of mourning in Cuban history. An acute observer of 20th century Cuban history, long-time journalist and writer Jack Skelly, has written a very interesting account of some of the tragic circumstances surrounding the 26th of July, 1953, and the so called ``26 of July Movement'' . It was published in yesterday's Miami Herald and I submit it for the record for the benefit of my colleagues and the American people. The Men Who Left the 26th of July Movement (by Jack Skelly) One more 26th of July--count them. It has been 48 years since Fidel Castro, his brother Raul, 17 men and two women attacked Moncada, the Cuban army barracks in Santiago de Cuba. Twenty soldiers were killed. Fidel Castro and five others escaped to the nearby hills, where they soon were captured, tried and sentenced to 15 years each. However, in May 1955, they were freed in a general amnesty by the Cuban Congress. Castro then went to Mexico to prepare for the Dec. 2, 1956, invasion of Cuba with 81 men. Now once more Castro will be in the center where he will recount in a three -or four-hour speech (if he can endure that long) the glories of that 26th of July and the events that led up to the great victory on Jan. 1, 1959, when the revolution took over from the Batista regime. Sadly, Castro will not be able to tell his audience that most of the leaders of the 26th of July movement ``are at my side today.'' The original 26th of July movement disappeared almost immediately after Castro sold out to the Soviet Union and the Cuban Communist Party. The democratic members of the movement who fought side by side with him in the Sierra Maestra mountains and were in the underground in the cities and towns are dead, in jail or in exile.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from Florida (Ms. Ros-Lehtinen), the distinguished chairman of the Subcommittee on Human Rights.

Mr. DIAZ-BALART. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Georgia (Mr. Kingston).

Mr. DIAZ-BALART. Mr. Chairman, I was having a conversation with a colleague last night about this issue. He said a dissident came from Cuba and lobbied against the embargo. I tried to point out that if the totalitarian regime in Cuba allows one to come to the United States to lobby against sanctions against the dictatorship, it is with precise permission. If, however, one is truly seeking democracy, they are thrown in a dungeon or thrown out of the country or executed. So what the Smith-Rothman amendment is saying is before the $5 billion a year, at least, in American tourism is sent to the dictatorship, let the representatives of the Cuban people, the leaders of the political parties, let them out of prison, and the cop killers and other fugitives from American justice including Joanne Chesimard and the other ones that the gentleman from New York (Mr. Fossella) so eloquently was talking about, send them back and do not have them living in protected luxury by the totalitarian regime 90 miles away. That is all the Smith-Rothman amendment is saying. It is not a question of insulting anyone's intelligence. It is a question of saying the people who represent the Cuban people, who are in prison today have a right to be free, and those who kill American cops and sell drugs and are terrorists have a need to be in prison in the United States. Vote for Smith-Rothman. Vote against the gentleman from Arizona (Mr. Flake).

Mr. DIAZ-BALART. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished gentleman from Indiana (Mr. Burton).

Mr. DIAZ-BALART. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, let us cut to the chase here. Let us cut to the chase. Let us cut to the chase, Mr. Chairman. Castro is 75 years old. He collapsed a few weeks ago and those surrounding him in the power clique were terrorized. His days are numbered. What we are talking about today is the future of Cuba. It is the leadership that is in prison today, Antiunez, this young man, for example, who is facing an 18-year sentence because in high school he decided to say that the regime was evil and he opposed it and he sought democracy. Or Maritza Lugo, the chairman, the president of the 30th of November Democratic Party. She and her husband are political prisoners, though they have little daughters, like the gentlewoman from Florida (Ms. Ros-Lehtinen) who is on the floor. Well, Maritza Lugo has two daughters, and they are both in prison, she and her husband, are both in jail, because they are leading a political party in Cuba. And Vladimiro Roca, whose father, by the way, was the founder of the communist party in the 1920s, and now he is in a dungeon, because he is the president of the Social Democratic Party, and asked for free elections. Are they going to be released, and are their political parties going to be legalized and is the regime going to sit down with them and have free elections like happened in South Africa and like happened in Chile and like happened in Spain and Portugal and everywhere else, everywhere else the world stood for freedom? Oh, no. But in Cuba we should discriminate, despite the fact that they are 90 miles from our shores. That is the issue that we are debating here today. So our current law says three conditions, and the embargo is automatically lifted. The gentleman from New Jersey (Mr. Menendez) authorized billions of dollars in the legislation that we passed a few years ago. It is already law for assistance to Cuba. Three conditions is what we seek for our neighbors 90 miles away: Liberate the political prisoners, legalize their political parties, and sit down with them and have an election. Is that too much to ask for our closest neighbors? It is not. But the debate today is whether the regime continues after the demise of the tyrant, the death or the incapacity of the tyrant; or whether these people, the leaders of free Cuba, continue to receive our support, as this Congress has, despite the attitude of the executive office, not now, because President Bush supports the sanctions now, but other times in history they have not. Congress has always been with the Cuban people. Stand with the Cuban people and their future leaders, not the tyrants. Oppose Rangel.

Mr. DIAZ-BALART. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Menendez). (Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I rise in support of the Iran-Libya Sanctions Extension Act. I do not believe that now is the time to end the provisions set out under ILSA. While I hope that the internal situation in Iran and Libya may one day merit lifting the provisions of ILSA, it does not appear to be the case at this time. Recognizing the tenuous nature of peace in the region, and our continued support of our ally, Israel, I believe we must support the Iran-Libya Sanctions Extension Act. Iran is still actively seeking to obtain weapons of mass destruction (WMD) assisted by China, Russia, and North Korea. Such a threat to our allies, such as Israel, and to international peace and security is not indicative of a state concerned with immediate reform. According to the State Department, Iran remains an active state sponsor of international terrorism. Any state that resorts to terrorism is cowardly and certainly deserves no special consideration. I also would like to stress that Iran continues to commit human rights abuses, particularly against members of certain religious faiths. Libya has not yet compensated the families of the victims of Pan Am flight 103. Libya also continues to harbor and foster terrorism and is likely seeking weapons of mass destruction. Given these realities and many others, I again do not believe now is the time to end sanctions on Iran and Libya.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, today is the 40th birthday of a brave human rights activist and pro-democracy leader, Dr. Oscar Elias Biscet, who at this moment finds himself serving a prison sentence in a Cuban gulag for peacefully protesting for democracy in Cuba, after being taken before a farce of a trial in Havana on February 25 of last year. Dr. Biscet was born in Havana on July 20, 1961. In 1985, he obtained a degree in medicine, and late in that decade he began to openly oppose the totalitarian regime that oppresses the Cuban people. In 1997, Dr. Biscet was one of the founders of the Lawton Foundation for Human Rights, a humanitarian organization created to demand fundamental human rights from the Cuban totalitarian regime. In February of 1998, Dr. Biscet was officially expelled from the Cuban health system and he was prohibited from practicing medicine. That same year, he and his family were thrown out of their home, and his wife was fired from her employment due to her pro-human rights activities. Both of them, in fact, were forced to depend on the charity of their friends and of those who wished to see Cuba free. On October 28, 1999, Dr. Biscet held a press conference before the Ibero-American Summit began in Havana. During the press conference, along with other pro-democracy activists, Dr. Biscet announced that they would carry out a march calling for the release of all political prisoners and for the respect of the human rights of the Cuban people. During the press conference, two Cuban flags were exhibited upside down as a symbol of protest for the innumerable human rights violations that the regime commits continuously. On November 3 of 1999, just a few days later, Dr. Biscet was arrested and taken to a dungeon known as ``Cien y Aldabo'', where he was thrown into a cell with common criminals for the alleged crimes of ``abuse of national symbols, public disorder, and inciting delinquency.'' Dr. Biscet represents the noblest aspirations of the Cuban people. His efforts as founder and leader of the Lawton Foundation for Human Rights have won him the respect and admiration of human rights activists throughout the world, and have inspired many to continue the struggle for freedom in Cuba. The Castro tyranny, fearful of the effectiveness of Dr. Biscet's message, has arrested him more than two dozen times in the last few years. It has fired him from his job, along with his family, thrown him out of his house, he has been subjected to psychiatric examinations, and has been constantly pressured by the regime to leave the island, something that he refuses to do. Before being sentenced at his farcical trial, Dr. Biscet asked all Cubans, those living in the oppression on the island and those in exile, and all others throughout the world who support freedom for Cuba, to unite in prayer for the freedom of all political prisoners and of all the Cuban people. From his cell, he has remained firm in his principles and has asked the international community to demand justice for the people of Cuba. It is most appropriate that as we send our message of solidarity to Dr. Biscet today on his birthday, we commit ourselves to working with all devotion and dedication so that freedom-loving individuals like Dr. Biscet do not have to spend their precious lives in the isolation and inhuman conditions of totalitarian dungeons. There is a program that has been set up to try to help Cuban political prisoners by having families in the United States adopt, if you will, the family of a Cuban political prisoner for at least a year. A well-known pro-democracy activist, Vicki Ruiz-Labrit, is coordinating the program. They have a phone number. We all should help. It is 305-461-6700. We should all help by adopting the family of a Cuban political prisoner, and in that way, helping the most suffering, those who suffer the most in the totalitarian island just a few miles from our shores. Dr. Biscet, on your birthday, inside your prison cell I know that you cannot now hear my words, but I salute you and express my profound admiration for you, and through you, for all Cuban political prisoners.