Lincoln Diaz-Balart

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I yield 30 seconds to the gentleman from Maryland.

Mr. DIAZ-BALART. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, a previous distinguished speaker from the other side of the aisle said that the facts are uncontroverted with regard to what the President did. If that is the case, then why does the minority oppose the investigation of the facts? The distinguished gentleman from New York [Mr. Engel] a few minutes ago said the arms embargo could not be lifted because the British and the French objected. The British and the French and the Germans objected to the decision of the Clinton administration to appoint a Secretary General of NATO who is a socialist, and yet he was appointed. The United States is the only remaining superpower in the world, and if the United States would have exerted leadership as the Congress demanded of the President with regard to Bosnia, the multilateral embargo would have been lifted. We said, ``Mr. President, if you cannot, even with exerting leadership as the only superpower in the world, lift the multilateral embargo, the lift it unilaterally because the people of Bosnia have a right to defend themselves.'' But no, he vetoed that. Mr. Speaker, at the same time the administration was vetoing the will of the Congress with regard to letting the Bosnian people defend themselves, the administration through Mr. Tarnoff was admitting publicly, quote, ``Iran engages in terrorism by assassinating its opponents. It provides material and political support to Palestinian rejections trying to undermine the Middle East peace process through violence. It seeks to subvert secular regimes in the Muslim world.'' Mr. Speaker, that is the administration talking about Iran at the same time that it is giving a green light to Iran to enter Bosnia. This is a very serious issue, Mr. Speaker. This is not political. I reject that allegation. What would the other side require to realize that the national interest of the United States is legitimately involved in this issue, Mr. Speaker? So we will be investigating this. We have done this. I commend the gentleman from California, Chairman Bill Thomas, for his leadership in bringing forth this select subcommittee under cost, under the actual request that was made because he was able to do it as efficiently as possible. I would like to submit for the Record a memorandum from the Office of Finance to Chairman Thomas that states that the $995,000 of the cost of the subcommittee can be absorbed within the fiscal year 1996 funds. I would urge all of my colleagues to take seriously the national security interests of the United States. This is a very serious issue. It deserves to be legitimately and thoroughly studied. Mr. Speaker, I include for the Record the memorandum to which I referred: Office of the Chief Administrative Officer, U.S. House of Representatives, Washington, DC, May 1, 1996. [Memorandum] To: Chairman Bill Thomas, Committee on House Oversight. From: Tom Anfinson, Associate Administration, Office of Finance. Subject: Funding for Special Select Subcommittee. Please be advised that your amendment in the nature of a substitute of $995,000 for the cost of the Select Subcommittee, based on current projections, can be absorbed within the Fiscal Year 1996 funds provided for ``Standing Committees, Special and Select.'' Mr. Speaker, I move the previous question on the amendment and on the resolution. The previous question was ordered.

Mr. DIAZ-BALART. Mr. Speaker, I yield 15 seconds to the gentleman from Nebraska [Mr. Bereuter].

Mr. DIAZ-BALART. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from North Carolina [Mr. Ballenger].

Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Michigan [Mr. Ehlers]. (Mr. EHLERS asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Indiana [Mr. Burton].

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the distinguished gentlewoman from Kansas [Mrs. Meyers]. (Mrs. MEYERS of Kansas asked and was given permission to revise and extend her remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield 30 seconds to the gentleman from Indiana [Mr. Burton].

Mr. DIAZ-BALART. Mr. Speaker, I yield 4 minutes to the distinguished gentleman from New Jersey [Mr. Smith], my friend and the chairman of the Subcommittee on International Operations and Human Rights.

Mr. DIAZ-BALART. Mr. Speaker, it is interesting how our friends on the other side of the aisle now say during Iran-Contra they were investigating bad things, but now we are not investigating anything. It is a fact, Mr. Speaker, that President Clinton allowed the shipments, contradicting his own public statements in support of an arms embargo and possibly violating law. Mr. Speaker, I yield 2 minutes to the gentleman from Texas [Mr. Armey], the distinguished majority leader.

Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, just a few facts on the funding. No supplemental appropriations or reprogramming of existing appropriations are required to support the funding amount for this select subcommittee. There are sufficient funds in fiscal 1996 available within the appropriate House account to fund the expenses of the select subcommittee without jeopardizing other committee's funding needs. Second, this funding level continues to honor the Contract With America's commitment to reduce committee staffing by one-third. On the first day of Republican control of the House, committee staffs were cut by 621 positions, a 33 percent reduction from the previous Congress. As of March 31, by not filling the total authorized positions, committees have contributed an additional 105 positions to this reduction, an actual cut of 40 percent. This resolution, as amended, does not violate the commitment to reduce committee funds by 30 percent in the 104th Congress, and the amount is also well below previous similar investigations. Mr. Speaker, the famous October Surprise investigation cost taxpayers over $4.5 million. Now our friends on the other side of the aisle apparently have found fiscal conservatism. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from New York [Mr. Gilman], the distinguished chairman of the Committee on International Relations. (Mr. GILMAN asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield the customary 30 minutes to the distinguished gentleman from California [Mr. Fazio] for purposes of debate only, pending which I yield myself such time as I may consume, with the understanding that any additional time which I may yield will be subject to the specific limitation for purposes of debate only. Mr. Speaker, did the White House permit a mortal enemy of the United States to establish a military presence in Europe, or did the White House inspire a mortal enemy of the United States to establish a military presence in Europe? That is the essence of the question that this Congress will be investigating in the next months and that we at this time are authorizing funding for, the select subcommittee of the Committee on International Relations. The House has just approved House Resolution 416 authorizing the creation of a select subcommittee. We will now be considering the resolution to provide $995,000 for the expenses of the select subcommittee. There is ample justification for the creation and the funding of the select subcommittee. The chairman of the Committee on International Relations, the gentleman from New York [Mr. Gilman], articulated these reasons when he appeared before the Committee on House Oversight last week to explain the funding request. As presented to the committee, the select subcommittee is needed to investigate questions that have arisen, very serious questions, following the revelation that the Clinton administration gave a green light over 2 years ago for the creation of an Iranian arms pipeline to Bosnia and Croatia. The administration's policy, No. 1, directly contradicts the stated position of the Government of the United States. This Congress repeatedly tried to lift the arms embargo against Bosnia, and the administration opposed us, and the President vetoed our attempts to do so. The policy was also not revealed to the Congress, nor to the American people, and it has allowed the terrorist government of Iran to gain a strategic presence in Europe. It also, Mr. Speaker, affects the United States exit strategy from Bosnia. Discussion at the committee meeting raised several unanswered questions: How was this policy developed? What was the United States role in implementing it? What will be its consequences? Was Congress deceived or misled? Has any United States law been violated? The serious nature of these issues warrants further investigation by the select subcommittee established specifically for this purpose and deserves to be funded at the appropriate level. The $995,000 funding level approved by the Committee on House Oversight, which is a $205,000 reduction from the original request, is, Mr. Speaker, a responsible and prudent figure. In closing, Mr. Speaker, the resolution before the House funds this very needed select subcommittee investigation in a very prudent and fiscally responsible manner. I would hope that the House, in a bipartisan fashion, would adopt the resolution, and I look forward to the debate on this extremely critical matter. The reality of the matter is that the administration now admits that despite the fact that it opposed our attempts to openly permit the arming of the Bosnian people by the United States directly or through our allies or responsible Muslim governments, instead of doing that the administration opposed congressional efforts and engaged in this tactic of secretly giving a green light to the arming of the Bosnians by one of the most horrendous enemies of the American people. This is a very serious subject, Mr. Speaker. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Mr. Speaker, I ask unanimous consent that the committee amendment in the nature of a substitute be considered as read and printed in the Record.

Mr. DIAZ-BALART. Mr. Speaker, I yield 30 seconds to the gentleman from Illinois [Mr. Hyde].

Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the administration did not do what we wanted them to do. We wanted them to lift the embargo and let the Bosnians defend themselves. We passed that twice, and the President vetoed that. That was the will of the Congress and the will of the American people. Mr. Speaker, I yield 2 minutes to the gentleman from Nebraska [Mr. Bereuter], the chairman of the Subcommittee on Asia and the Pacific. (Mr. BEREUTER asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, House Resolution 421 is an open rule providing for the consideration of H.R. 2974, the Crimes Against Children and Elderly Persons Increased Punishment Act. The rule waives clause 7 of rule XIII (which requires a cost estimate in the committee report), against consideration of the bill. Because the Congressional Budget Office [CBO] has been extremely busy concentrating on the fiscal year 1997 budget resolution, the Judiciary Committee has provided a rough estimate of cost based on U.S. Sentencing Commission figures for increased prison construction and operating costs, but not a detailed CBO estimate. The committee does state in its report that it estimates H.R. 2874 will have no significant inflationary impact on prices and costs in the national economy, and I believe it has, without a doubt, satisfied the spirit of the cost estimate requirement. In addition, the rule makes in order as an original bill, for the purposes of amendment under the 5-minute rule, the amendment in the nature of a substitute recommended by the Judiciary Committee, now printed in the bill. Also, the rule provides that Members who have preprinted their amendments in the Record prior to their consideration will be given priority in recognition to offer their amendments. Further, the rule waives points of order against the amendment printed in the report of the Committee on Rules for failure to comply with clause 7 of rule XVI, which relates to germaneness. This amendment, requested by my colleague from Texas, Mr. Frost, adds increased penalties for Federal sex offenses against children, and needs a waiver because it creates a new crime with sentencing provisions, whereas H.R. 2974 focuses on creating new levels of sentencing for existing crimes. I am informed that Mr. McCollum, the chairman of the Crime Subcommittee of Judiciary, supports Mr. Frost's amendment and I have no objection to it. Finally, the rule provides for one motion to recommit, with or without instructions. The purpose of this legislation is to increase the time of imprisonment for those who commit violent crimes against children under 12 years of age and seniors age 65 and older. In the Judiciary Committee, the age for children was increased to 14, and the definition of ``vulnerable persons'' was expanded to include any victim that ``the defendant should have known was unusually vulnerable due to age, physical or mental condition, or otherwise particularly susceptible to the criminal conduct.'' In other words, this legislation is designed to increase protection for the most vulnerable sectors of our society: the elderly, children, the handicapped (mentally and/or physically disabled), those who find it most difficult to defend themselves. This legislation is needed because the U.S. Sentencing Commission failed to act as requested in the 1994 Crime Act directive ``to ensure that the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim is sufficiently stringent to deter such a crime and to reflect the heinous nature of such an offense.'' This bill amends the Crime Act of 1994 to enhance sentences by increasing the length of sentences ``not less than 5 levels above the offense level otherwise provided for by a crime of violence against such victims''. Federal law enforcement officials agree that tougher punishment for criminals who target these victims is warranted. Violent crimes against the elderly have increased substantially, and child homicide rates have nearly doubled in recent years. In 1992, tragically, close to 20 percent of all rape victims were under 12 years of age, children attacked by pedophiles. I believe there is nothing more important than protecting our most vulnerable from harm. In Dade County, FL, 9-year-old Jimmy Ryce was abducted by a predator on September 11, 1995. Three months later, law enforcement officials found Jimmy's remains after he had been brutally sexually assaulted and murdered by his kidnaper. In response to the delays that the Ryce family encountered in the search for Jimmy, I joined my colleagues from south Florida in pressing for legislation, named in honor of Jimmy Ryce, to improve Federal law enforcement efforts at finding endangered children. Congressional involvement led to an executive directive by the President which now requires all Federal agencies to post photos of missing children in Federal buildings to expedite the search for missing children. A similar directive in Florida has alleviated comparable roadblocks by requiring the posting of missing children photos in State buildings and tollbooths. In addition, we are moving forward with H.R. 3238, (which I encourage my colleagues to consider cosponsoring), Congressman Deutsch's bill to establish a national resource center and clearinghouse to carry out, through the Jimmy Ryce Law Enforcement Training Center for the recovery of missing children, the training of local law enforcement personnel to more effectively respond to cases involving missing or exploited children. We must stop violence against the most vulnerable in our society, and I believe today's legislation, the Crimes Against Children and Elderly Persons Increased Punishment Act, is another important step in the right direction to keep criminals who commit these unspeakable crimes behind bars. Mr. Speaker, House Resolution 421 is a fair, open rule and I urge its adoption. Mr. Speaker, I include the following for the Record:

Mr. DIAZ-BALART. Mr. Speaker, I urge adoption of the bill. Mr. Speaker, I yield back the balance of my time, and I move the previous question on this important resolution. The previous question was ordered.

Mr. DIAZ-BALART. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 421 and ask for its immediate consideration.

Mr. DIAZ-BALART. Mr. Speaker, for the purposes of debate only, I yield the customary 30 minutes to the gentleman from Texas [Mr. Frost], 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. (Mr. DIAZ-BALART asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, I yield such time as he may consume to the gentleman from New York [Mr. Solomon], the distinguished chairman of the Committee on Rules, the leader responsible for the Committee on Rules bringing forth this great number and percentage of open rules.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I rise today to address smuggling activities occurring in the United States by Indian chemical manufacturing companies. A report, published in the Washington Times earlier last month cites India as the source of a multimillion-dollar ring, which is smuggling banned chlorofluorocarbons, or CFC's into the United States. According to this report, tons of banned CFC's are being smuggled into the United States by Indian manufacturers with government patronage, generating huge profits in illegal sales. CFC importation has become a serious problem. The Customs Service says that it is now the No. 2 problem behind illegal drugs. Until it was banned under the Montreal Protocol, CFC-12, or freon gas, was widely used to run refrigerators and car air conditioners. According to the article, Customs recently broke up an operation that was smuggling $52 million worth of CFC-12. The newspaper said that a substantial portion of CFC-12 in U.S. commerce has been smuggled. Much of it appears to have been produced by Mafatlal, an Indian chemical company. The report goes on to say that one Indian CFC smuggling operation involved 2,750 tons of gas. In this article, the newspaper reports that by labeling the CFC-12 for transshipment to a third country or identifying it as another gas, ``the smugglers can avoid the ban by delivering CFC-12 to unscrupulous distributors, auto chains, and others and make a fat profit.'' In this light, it becomes more important than ever for the United States to stop providing assistance to the Indian Government. I urge my colleagues to pass H.R. 1425, which will end American development aid to India until human rights are respected, and House Concurrent Resolution 32, which calls for self-determination for Khalistan, the independent Sikh country declared on October 7, 1987. Both bills should be passed as soon as possible. We must make it clear to the Indian regime that smuggling, genocide, and repression are not acceptable. I am entering into the Record a press release issued by the Council of Khalistan, the government in exile of Khalistan, which deals with this scandal. [News release from the Council of Khalistan] India Smuggles Banned CFCs to U.S. Washington, DC, April 23.--The Associated Press reported recently that chlorofluorocarbons, or CFC gas, which is banned in the United States, is being heavily smuggled from India. CFC gas was widely used in car air conditioners, but environmentalists contend that the gas is harming Earth's ozone layer. Under terms of the 1987 Montreal Protocol, industrial nations agreed to phase out CFCs. CFCs have been banned in the United States since January 1. According to the Customs Service, CFCs are now the number two problems after illegal drugs. According to the AP report, CFC gas from India is ``routinely marked as another gas or labelled as being transshipped to a third country.'' CFC production remains legal in India. In one single case, AP reports, more than 2,750 tons of CFC-12 were smuggled into the United States. Authorities say that at least some of that gas came from India. Another operation in Florida was worth $52 million. Experts estimate that one-third or more of CFC-12 in U.S. commerce, worth nearly $3 billion, may have been smuggled. According to a U.S. prosecutor, quite a bit of the CFC-12 confiscated from smugglers ``was labelled as having been produced by the Indian chemical company Mafatlal,'' the report said. ``This is additional evidence of India's irresponsibility. First it refused to sign the NPT and the Comprehensive Test Ban treaty, and now we find out that it is complicit in the smuggling of banned substances,'' said Dr. Gurmit Singh Aulakh, President of the Council of Khalistan, the government in exile of Khalistan, the independent Sikh country declared on October 7, 1987. ``In 1994, according to a Heritage Foundation study, India was the third largest recipient of U.S. aid at that time. Should the U.S. be supporting such an irresponsible country?'' ``India is one of the worst human rights violators in the world,'' said Dr. Aulakh. ``It is a nuclear threat to its neighbors in South Asia and was a strong ally of the former Soviet Union,'' he said. ``Now we find out that it is an environmental threat as well. Americans aid to this corrupt, repressive country should be cut off immediately,'' Dr. Aulakh said. He urged the U.S. Congress to pass two bills: HR 1425, the Human Rights in India Act, which would cut off U.S. development aid to India until human rights are respected, and House Concurrent Resolution 32, which calls for an internationally-supervised plebiscite on independence in Indian-occupied Khalistan. ``Clearly, India is unwilling to allow these questions to be decided according to democratic principles,'' said Dr. Aulakh. ``In view of India's repressive record, Congress should pass these two bills immediately to help restore freedom, peace, and democracy to the South Asian subcontinent. As Representative Gerald Solomon said, `Isn't it time the United States stops dumping American taxpayer money into this black hole?' ''

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Chairman, I thank the gentlewoman for yielding time to me. Mr. Chairman, the Dreier amendment is dressed in a cloak of fairness, but it is not fair. The Dreier amendment talks about standardizing this targeted assistance for refugees, and yet it excepts, there is an exception for the aid that California gets for Laotian and Cambodian refugees, which by the way, I think should remain. We are not trying, and I do not think we should try to except out that aid; so why, then, except out the aid that south Florida gets for the refugees from the Caribbean? It is not fair, and it is really an artificial cloak. Let us defeat it.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Chairman, one of the most admirable characteristics about the United States is that our Nation distinguishes between the conduct of parents and their children. So many times I have seen in, for example, European countries, the children of immigrants in the streets because in those nations there is no distinguishing between the illegal conduct of their parents and the children. We do not blame the children for the conduct of their parents. That, among other reasons, is why we are the moral leader of the world. I truly believe, Mr. Chairman, that we would be making a very grave mistake by adopting this amendment today, and that is why I have risen in opposition to it.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I yield 5 minutes to my good friend, the gentleman from New Jersey [Mr. Menendez].