H 1724 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Hobson McKinney Sanford DeLay Gilman McCarthy (Mr. DIAZ-BALART asked and was Hoekstra McNulty Sawyer Dickey Houghton Stokes Hoke Meehan Saxton Dixon LaFalce Waldholtz given permission to revise and extend Holden Metcalf Scarborough Durbin Lipinski Zeliff his remarks and to include extraneous Horn Meyers Schaefer material.) b 1155 Hostettler Mica Schiff Mr. DIAZ-BALART. Mr. Speaker, Hoyer Miller (FL) Schumer Mr. JOHNSON of South Dakota Hunter Minge Scott House Resolution 370 provides for the Hutchinson Mink Seastrand changed his vote from ‘‘nay’’ to ‘‘yea.’’ consideration of the conference report Hyde Moakley Sensenbrenner So the Journal was approved. for H.R. 927, the Cuban Liberty and Inglis Molinari Shadegg The result of the vote was announced Istook Mollohan Shaw Democratic Solidarity Act of 1996, usu- Jackson (IL) Montgomery Shays as above recorded. ally referred to as the Helms-Burton Jackson-Lee Moorhead Shuster f bill, and waive all points of order (TX) Moran Sisisky against the conference report and Jefferson Morella Skaggs PERSONAL EXPLANATION Johnson (CT) Murtha Skeen against its consideration. Johnson (SD) Myers Skelton Mr. GILMAN. Mr. Speaker, on rollcall No. The House rules allow for 1 hour of Johnson, E. B. Myrick Slaughter 45, a journal vote, I was inadvertently absent. general debate to be equally divided be- Johnson, Sam Nadler Smith (MI) Had I been present, I would have voted ``yea.'' Johnston Neal Smith (NJ) tween the chairman and ranking mi- Jones Nethercutt Smith (TX) f nority member of the Committee on Kanjorski Neumann Smith (WA) REMOVAL OF NAME OF MEMBER International Relations. Kaptur Norwood Solomon This conference report is the re- Kasich Nussle Souder AS COSPONSOR OF H.R. 359 Kelly Oberstar Spence sponse of the United States, of the Con- Kennedy (MA) Obey Spratt Mr. BONO. Mr. Speaker, I ask unani- gress, and the President, to the murder Kennedy (RI) Orton Stark mous consent that my name be re- of three American citizens and another Kennelly Owens Stearns moved as a cosponsor of the bill, H.R. U.S. resident by Castro over inter- Kildee Oxley Stenholm 359. King Packard Stockman national waters on February 24. Kingston Parker Studds The SPEAKER pro tempore (Mr. Helms-Burton is also premised upon Kleczka Pastor Stump EWING). Is there objection to the re- the firm conviction that an accelerated Klink Paxon Stupak quest of the gentleman from Califor- Klug Payne (NJ) Talent end to the Stalinist dictatorship in Knollenberg Payne (VA) Tanner nia? Cuba is not only something that we Kolbe Pelosi Tate There was no objection. need to strive for because of elemental LaHood Peterson (FL) Tauzin f Lantos Peterson (MN) Taylor (NC) notions of solidarity with the terror- Largent Petri Thomas REMOVAL OF NAME OF MEMBER ized and oppressed people of Cuba—but LaTourette Pomeroy Thornberry AS COSPONSOR OF H.R. 1963 also because the establishment of de- Laughlin Porter Thornton mocracy in Cuba is in the national in- Lazio Portman Thurman Mr. SAXTON. Mr. Speaker, I ask Leach Poshard Tiahrt terest of the United States. Lewis (CA) Pryce Torres unanimous consent that my name be The Castro regime is, to its core, a Lewis (KY) Quillen Torricelli removed as a cosponsor of the bill, H.R. gangster regime. It is a regime that an- Lightfoot Quinn Upton 1963. swered a request, last month, by 130 Lincoln Radanovich Vucanovich The SPEAKER pro tempore. Is there Linder Rahall Walker dissident groups for permission to meet Livingston Ramstad Walsh objection to the request of the gen- peacefully, by arresting 186 dissident LoBiondo Rangel Wamp tleman from New Jersey? leaders and independent journalists—as Lofgren Reed Ward There was no objection. Lowey Regula Watts (OK) of last Thursday. Lucas Richardson Waxman f This is a regime that, to further in- Luther Riggs Weldon (FL) tensify its latest Stalinist crackdown Maloney Rivers Weldon (PA) CONFERENCE REPORT ON H.R. 927, Manton Roberts Weller CUBAN LIBERTY AND DEMO- on its internal opposition, felt the need Manzullo Roemer White CRATIC SOLIDARITY [LIBERTAD] to shoot down two American civilian Martini Rogers Whitfield ACT OF 1996 planes, killing three U.S. citizens and Matsui Rohrabacher Williams another U.S. resident, over inter- McCollum Ros-Lehtinen Wilson Mr. DIAZ-BALART. Mr. Speaker, by national waters a few days ago. McCrery Rose Wolf direction of the Committee on Rules, I McDade Roth Woolsey The message Castro sent the Cuban McHale Roukema Wynn call up House Resolution 370 and ask people by those murders of Americans McHugh Roybal-Allard Yates for its immediate consideration. McInnis Royce Young (AK) was clear: If I can murder Americans The Clerk read the resolution, as fol- over international waters and get away McIntosh Salmon Young (FL) lows: McKeon Sanders with it, imagine what I can do to you. H. RES. 370 NAYS—65 It’s important to note that before the Resolved, That upon adoption of this reso- murderous pilots of those MiG’s vis- Abercrombie Hefley Pickett lution it shall be in order to consider the ually identified the unarmed Cessnas Bonior Heineman Pombo conference report to accompany the bill Borski Hilleary Rush that they had been ordered to shoot (H.R. 927) to seek international sanctions Brown (CA) Hilliard Sabo down, the radar that was guiding them Brown (OH) Hinchey Schroeder against the Castro government in Cuba, to Clay Jacobs Serrano plan for support of a transition government had locked on to a cruise ship with Collins (IL) Kim Taylor (MS) leading to a democratically elected govern- hundreds aboard. Costello Latham Tejeda ment in Cuba, and for other purposes. All And how does the supreme gangster DeFazio Levin Thompson points of order against the conference report himself defend the murders. Read this DeLauro Lewis (GA) Torkildsen and against its consideration are waived. Dornan Longley Towns week’s Time magazine. Castro says: The conference report shall be considered as Ensign Markey Traficant They dropped leaflets on Havana. It was a read. Everett Martinez Velazquez real provocation * * * we had been patient, Fazio Mascara Vento The SPEAKER pro tempore. The gen- but there are limits * * * in addition to these Filner McDermott Visclosky Franks (CT) Meek Volkmer tleman from Florida [Mr. DIAZ- flights, there was also interference by the Frost Menendez Waters BALART] is recognized for 1 hour. U.S. interests section in our internal affairs. Gephardt Miller (CA) Watt (NC) What these people were doing was intoler- Gillmor Ney Wicker b 1200 able. They were giving money and paying the Green Olver Wise Mr. DIAZ-BALART. Mr. Speaker, for bills of dissidents * * * it was intolerable. Gutierrez Ortiz Zimmer Gutknecht Pallone the purposes of debate only, I yield the This is a regime that, according to customary 30 minutes to the gen- the respected British publication ANSWERED ‘‘PRESENT’’—2 tleman from California [Mr. BEILEN- Jane’s Defence Weekly, has been send- Gibbons Harman SON], pending which I yield myself such ing special forces to be trained at the NOT VOTING—18 time as I may consume. During consid- Hoa Binh Military Base in Communist Bryant (TX) Chapman Clinger eration of this resolution, all time Vietnam, since 1990, in preparation for Bunning Christensen Collins (MI) yielded is for purposes of debate only. strikes inside the United States in case March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1725 of war. According to Jane’s Defence property stolen from Americans, we Many of us, moreover, are deeply Weekly the purpose of those special are not acting in an extraterritorial concerned about the provisions of the forces in Castro’s army, training in fashion; we are protecting the property conference report itself and about its Vietnam, is to ‘‘Take the reality of war rights of American citizens, and in that effect on U.S. policy. to the American people, in order to cre- way, also deterring foreign investment Mr. Speaker, for many of our col- ate internal pressures on Washington.’’ in Castro’s apartheid economy. leagues, this bill will be easy to sup- Let me briefly quote from a state- The importance of codifying—putting port—it tightens the U.S. embargo on ment a few days ago by Senator DOLE: into law—the embargo, cannot be over- one of the world’s most despised dic- ‘‘U.S. policy toward Cuba has con- emphasized. tators. Yet, it is not likely that Fidel sequences around the globe. The world No democratic transition from a Castro will be hurt by this legislation. is still a dangerous place.’’ Adversaries long-term dictatorship in recent dec- Ironically, the Helms-Burton Act—a are watching our response to the mur- ades has been possible without some radical departure from current United der of American citizens. Our response important form of external pressure. States policy—will actually weaken is being noted—by Russian hardliners, Franco’s Spain and the European our ability to encourage democracy in by North Korean generals, by state Community; Trujillo’s Dominican Re- Cuba. sponsors of terrorism in Teheran and public and the OAS; Pinochet’s Chile; The fall of communism in Eastern Tripoli, by Serbian leaders, by the Chi- apartheid South Africa; the Greece of Europe should have taught us an im- nese military eyeing Taiwan. Timidity the colonels. portant lesson: the enemy of a closed only emboldens our enemies. Where there has been no external society, such as Cuba, is not increased This conference report is the re- pressure, such as in China, there has isolation—it is greater contact with sponse of the Congress and the Presi- been no democratic transition and the outside world. The Soviet Union dent to the murder of American citi- human rights violations have in- did not disintegrate because of an eco- zens. creased. The Washington Post confirms nomic blockade—it was exposure to The conference report codifies, it today in page A10, that in the State Western ideas, freedoms and prosperity puts into law, the existing embargo Department’s annual report on human that hastened the end to the cold war. against Cuba, much of which exists rights, to be released today, the fun- In marked contrast, 37 years of eco- only in regulations and miscellaneous damental premise of United States pol- nomic embargo against Cuba has failed executive orders. It will now take an icy toward China, that expanding trade utterly to topple the Castro govern- act of Congress to modify the embargo, will lead to greater individual freedoms ment. and no President will be able to weak- for Chinese citizens, is simply invalid. The dubious premise behind this leg- en the embargo unless a democratic We will be able, by the measures in islation is that the Cuban economy is transition is underway in Cuba. this conference report, including codi- on the brink of collapse, and that by President Clinton is urged to seek fication of the embargo, to maintain tightening our notoriously porous em- international sanctions against the sufficient pressure not only to acceler- bargo, the demise of the Castro regime Cuban dictatorship. ate Castro’s collapse, but also to see to can be achieved with one final push. The President is authorized to fur- it that his demise will lead to an inde- The reality is more complex. The nish assistance to democratic opposi- pendent Cuba with full political lib- Cuban economy has been showing signs tion and human rights groups in Cuba. erties and human rights for the now of recovery, brought about by limited The President is also asked to develop suffering Cuban people. reforms and new trade relationships a plan to assist the Cuban people once The Senate passed this conference re- with the rest of the world. And just as a democratically-elected government is port yesterday, 74 to 22. The President domestic opposition groups inside in place and to terminate the embargo supports it. I urge my colleagues to Cuba—the only real threat to the Cas- once a democratic government—with- support this rule and the conference re- tro government—have been invigorated out Castro or his brother Raul—is in port. by widening contacts with the outside power. The conference report calls for the Mr. Speaker, I reserve the balance of world, this legislation will turn back denial of entry into the United States my time. the clock by imposing further isolation Mr. BEILENSON. Mr. Speaker, I of any individual who trafficks in prop- and hardship on the Cuban people. erty stolen from Americans by Castro. thank our friend, the gentleman from Moreover, by codifying the Executive American citizens will be able to sue, Florida [Mr. DIAZ-BALART], for yielding orders that have maintained the Cuban in American courts, those who traffick the customary one-half hour of debate embargo since 1959, this legislation in property stolen from them by Cas- time to me. I yield myself such time as locks the United States into a failed tro. This provision will protect the I may consume. policy, and denies the President the property rights of American citizens, Mr. Speaker, we do not oppose the flexibility needed to respond to any fu- deter foreign investment in Cuba, and rule providing for the consideration of ture democratic transition in Cuba. make it much more difficult for the the conference report for the Cuban Many of us are disappointed that the Castro regime to obtain hard currency. Liberty and Democratic Solidarity President has dropped his opposition to The conference report reduces for- Act. this bill. Nevertheless, Congress has eign aid to those countries that provide As the gentleman from Florida has consistently recognized that the Presi- assistance in support of the extraor- explained, the rule waives all points of dent’s hands should not be tied in mat- dinarily dangerous Cuban nuclear facil- order against the conference report ters of foreign affairs—that a wide va- ity Castro is trying to complete at and, although we ought always to be riety of tools should be available to the Juragua. It also allows the President cautious in providing blanket waivers President to act in the national inter- to cut aid to Russia, dollar for dollar, for legislation, the granting of these est abroad. But, this bill mandates for its support of the intelligence facil- waivers for this conference report is in intransigency. As changes occur in ity to spy on the United States that accordance with our usual procedures Cuba—and they will occur—the Presi- the Russians still maintain in Cuba. when we consider conference reports in dent—this President, or some future Just by filing Helms-Burton a year the House. President—will be restricted from act- ago, foreign investment was cut in half The chairman of the International ing in the carefully calibrated fashion in 1995 in comparison to 1994. When po- Relations Committee, the gentleman that has marked our response to other tential investors confirm that dealing from New York [Mr. GILMAN], in re- dictators, and other emerging democ- in property stolen by Castro from questing the rule waiving all points of racies. Americans will expose them to the pos- order, specifically referred to the scope The United States is the only coun- sibility of being excluded from the of matters committed to the con- try in the world that maintains an eco- United States, no matter how unethi- ference. So Members should be aware nomic embargo against Cuba—a fact cal they may be, they will choose not that the conference agreement on this that the Helms-Burton Act, somewhat to invest in Castro’s slave economy. sweeping legislation includes provi- fatuously, tries to change. Many of our By saying that we will not look kind- sions that were in neither the House closest allies, moreover, are greatly of- ly upon foreign interests dealing in nor the Senate bill. fended—as they well should be—by this H 1726 CONGRESSIONAL RECORD — HOUSE March 6, 1996 legislation’s attempt to coerce them Mr. Speaker, I urge my colleagues to them where it hurts, in their pocket- into joining the embargo. vote against the conference report. books. Countries such as Canada, and our al- b 1215 Regarding our allies, Mr. Speaker, lies in Western Europe, warn that pro- there is no stronger supporter of this visions in this legislation violate inter- Mr. Speaker, I reserve the balance of treaty organization called NATO than national law, abrogate several treaties, our time. this Member of Congress. I do not take abandon our commitment to inter- Mr. DIAZ-BALART. Mr. Speaker, the lightly the fact that many of them are national financial institutions and imagination of our opponents is truly concerned about this legislation. But could lead to retaliation against Unit- amazing, as is the gentleman who was let us be blunt: It is time for them to ed States interests elsewhere in the cited and called a conservative, that understand that we will not go merrily world. Moreover, the arrogance of this very well-known anti-embargo activist. along while they provide a lifeline to bill is striking—by following the man- Mr. Speaker, I yield such time as he this Communist just off our coast who dates of this legislation, the United may consume to the gentleman from is in fact a mortal enemy of the United States will be imposing its own politi- New York [Mr. SOLOMON], the distin- States. cal agenda on countries—mostly guished chairman of the Committee on Our allies, especially Canada, to the friendly countries—throughout the Rules. north, and my district depends on a lot world whose businesses are acting in Mr. SOLOMON. Mr. Speaker, I thank of that trade with Canada, but they full compliance with their own laws. the gentleman from Miami, FL, for should be put on notice we will not Finally, we are concerned by the yielding me time. subjugate our national interests to manner in which the legislation seem- Mr. Speaker, we just heard the pre- their financial interests. Human de- ingly subverts our national interest for vious speaker say we, the United cency and human rights come first be- the interests of a select few. The States of America, are the only coun- fore any dollar. Nor should we continue Helms-Burton Act gives unprecedented try that has levied sanctions against to grant them open access to our huge benefits to a few very wealthy former Cuba. Yes, is that not a shame? That is market—as I said before, 250 million Cuban property owners—those who going to change come the next elec- Americans, they lick their chops to do owned property in pre-Castro Cuba val- tion, my friends. With 250 million con- business with the United States—if ued at more than $50,000 when it was suming Americans with the highest they insist on supporting Castro. I call seized in 1959—by giving these individ- buying power in the world, it is about on the President to drive home those uals and corporations the unprece- time that we told some of our allies points with them. dented right to sue, in United States that we do not like standing alone. Mr. Speaker, Castro is teetering on Federal courts, foreign companies That is what Ronald Reagan did back the brink. Cuba’s economy is in a melt- doing business on land they once in 1981 when he pulled them all to- down. Communism does not work. owned. gether and we stopped communism Take away the $6 billion propping them This right is not available to anyone dead in its tracks. No more spread of up, and it is going down, down, down. It who has lost property anywhere else in communism. Democracy is breaking is only a matter of time before com- the world—not in Germany, Vietnam, out all over the world. munism is dead in Cuba, as long as we Eastern Europe, or Russia—and it will If we have to stand alone, we will. enact legislation like this. obviously create a legal nightmare in But these sanctions are going to stand Castro has threatened renewed ter- our already overburdened Federal until atheistic, deadly communism is rorism against the United States of courts. But more troubling is the man- dead in this hemisphere. America. The latest bombings in Israel ner in which the legislation will allow Needless to say, I rise in strong sup- show just how easily that can be done. a few individuals and companies to port of this legislation. I really com- We are so vulnerable. That could hap- profit from the economic activity in mend the gentleman from Miami, FL pen so easily right here in the United Cuba this legislation condemns. By al- [Mr. DIAZ-BALART], as well as the gen- States of America. lowing wealthy former Cuban land- tlewoman from Florida [Ms. ROS- With Russia’s help Castro is con- owners to settle out of court with com- LEHTINEN], who have been so valiant in structing a dangerous nuclear power panies doing business in Cuba, these in- bringing this legislation, along with facility based on old faulty designs. dividuals can now share in the profits the gentleman from New York [Mr. Not only does this facility potentially to ongoing Cuban investment. Thus, GILMAN], the chairman of the Commit- subject us to a Chernobyl style disas- the Helms-Burton bill succeeds, in ef- tee on International Relations, and the ter, but we can surely expect Castro to fect, in lifting the embargo for a select gentleman from Indiana [Mr. BURTON], do what North Korea is doing, and that few, and perversely creates an incen- the chairman of the subcommittee. is to try to exploit the technology for tive for increased economic develop- They are all to be highly commended the purposes of building nuclear weap- ment in Cuba, from which only a small to be here in this timely manner. ons. And that cannot happen in this minority of Cuban-Americans will ben- Last week’s incident under which hemisphere. efit. Castro killed four Americans, and they We have had enough of this tyrant. It Let me be clear and end it here. This were Americans, underscores the need is time to bring this awful era of Fidel debate is not about our opinion of Fidel to start taking the situation seriously. Castro to a close. Adoption of this con- Castro—he is one of the more abhor- For over 30 years we have tolerated ference report today will accelerate the rent dictators of this century. We uni- Castro with a half-hearted embargo. arrival of that great day for both the formly condemn Cuba’s recent downing The holes in the embargo, plus billions Cuban people and the American people. of civilian aircraft in clear violation of of dollars, $6 billion a year from the Please come over here and vote for this international law, and our hearts go former Soviet Union, has allowed this rule and vote for this bill. out to the families of the pilots who dictator to survive and spread this Mr. BEILENSON. Mr. Speaker, I perished. atheistic communism. yield such time as he may consume to But this bill is rash, extreme and Although I do not know it, Mr. the gentleman from Massachusetts misguided—it runs contrary to our ex- Speaker, there may have been a good [Mr. MOAKLEY], the ranking member of perience of dealing with repressive re- reason for not pushing Castro harder the Committee on Rules. gimes elsewhere in the world, and it is during the cold war, but certainly not Mr. MOAKLEY. Mr. Speaker, I thank not in our own national interest. In the now. It is time to get serious, and this my colleague from California for yield- words of Louis Desloge, a conservative legislation does get serious. That is ing time to me. He made a very elo- Cuban-American: why Castro is so upset about it. That is quent statement yesterday in the Implementing an aggressive engagement why the Russians are so upset about it, Rules Committee and I agreed with policy to transmit our values to the Cuban the Russians that we are giving bil- people and to accelerate the burgeoning him entirely. process of reform occurring on the island has lions of dollars to in aid. And they turn Mr. Speaker, this rule provides for a far better chance of ending Castro’s rule around and aid and abet this dictator? the consideration of a very bad bill than the machinations of [the] Helms-Burton And that is why so many of our allies that I worry will have some very bad [Act]. are upset, too. This legislation will hit consequences. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1727 Make no mistake about it the the Philadelphia Inquirer, the Los An- What Havana really worries about is the shootdown by the Cuban Government geles Times, and the Baltimore Sun, all resurgence of opposition in Cuba itself. Op- of two unarmed Cessnas nearly 2 weeks opposing Helms-Burton. I would also position groups have been invigorated by ago was an unconscionable act. Presi- like to submit an article from the Cuba’s widened contacts with the outside world. They are also encouraged by a more dent Clinton was right in rallying the Washington Post exposing a little supportive attitude on the part of Miami- international community to denounce known loophole in the embargo and the based exile organizations. These used to view this terrible overreaction and I believe statement by the European Union in all Cubans who remained on the island, even the President was right in proposing opposition to the legislation. And I opposition activists, with suspicion. Now additional sanctions against Cuba. would like to submit a statement by groups like Brothers to the Rescue, the orga- But I believe it would be wrong for Alfredo Duran, who fought at the Bay nization whose planes were shot down last this Congress and this President to em- of Pigs and was imprisoned for over a week, see opposition groups on the island as brace the Helms-Burton legislation be- year, the President of the Cuban Com- a key to political change. mittee for Democracy, and a statement The Castro regime is alarmed by this po- cause of this terrible act. tential link between domestic opponents and Helms-Burton is a bad bill, plain and by Eloy Guitierrez Menoyo, who was a outside support groups, heralded by Brothers simple. political prisoner for 22 years in Cuba. to the Resuce’s previous airborne leafletting Even though the White House has re- Finally, Mr. Speaker, let me express of Havana. Indeed, Havana’s concern over cently reversed its position on this bill, again my strong opposition to the bill this prospect may have been a factor in last I would suggest that my colleagues for which this rule provides consider- week’s missile attack against the exiles’ read the letter the White House wrote ation. I know the authors have the planes. Washington should be doing every- us last fall when they very eloquently very best of intentions—but I firmly thing it can to promote opposition within believe that by passing this bill we are Cuba by encouraging more human inter- and persuasively made the case against change between the island and the outside Helms-Burton. making a big mistake. Mr. Speaker, I include the following world, not less. In fact, Secretary of State Warren The Helms-Burton Act is not an appro- Christopher expressed his concern that material for the RECORD: priate response to Cuba’s murderous deed. It the bill would actually damage pros- [From the New York Times, Mar. 2, 1996] is a wholesale policy reversal that weakens pects for a peaceful transition in Cuba. A BAD BILL ON CUBA America’s ability to encourage democracy in He further indicated that the inflexi- The Clinton Administration has done Cuba. Mr. Clinton should return to his origi- ble standards mandated in the bill many things right and one thing terribly nal sound position. would make it difficult to respond to a wrong in response to Cuba’s shootdown of two unarmed planes flown by Miami-based [From the Washington Post, Mar. 3, 1996] rapidly evolving situation should it exiles. THE GREAT CUBAN EMBARGO SCAM occur in Cuba. Providing a Coast Guard escort to accom- (By Louis F. Desloge) Mr. Speaker, the Secretary was abso- pany an exile flotilla to the site of the down- lutely right Helms-Burton would put ing today registers American determination Virtually everyone agrees that President Clinton should retaliate forcefully against United States foreign policy toward to protect the security of international wa- ters and airspace. Equally important, it Cuba’s tragic and murderous downing of two Cuba in a statutory straitjacket. civilian aircraft last weekend. But the least And while passions are running un- minimizes the risk of either the exiles’ or Havana’s provoking a new incident. The Ad- effective and most counterproductive pun- derstandably high and outrage is cer- ministration’s decision earlier this week to ishment is Clinton’s acquiescence to the tainly justified the fact remains that suspend charter flights to Cuba and to im- Helms-Burton bill to tighten the U.S. embar- Helms-Burton was bad policy a few pose travel restrictions on Cuban diplomats go of Cuba. This legislation, which the White months ago and it is bad policy today. in this country made clear that Havana had House endorsed last week, albeit with res- Our allies have expressed deep con- attacked not just anti-Castro activists but ervations, will only play into Castro’s hands cern over the bill’s provisions as they international law itself. by creating an expansive loophole for prop- erty claimants, especially wealthy Cuban relate to foreign companies. Yesterday However, the Administration is about to make a huge mistake by signing into law a Americans, to circumvent the embargo. all of us received the statement by the bill, sponsored by Senator Jesse Helms and Jesse Helms and Dan Burton, conserv- European Union indicating strong op- Representative Dan Burton, that aims to co- atives whom I admire, are no doubt sincere position to the Helms-Burton bill. erce other countries into joining the Amer- in their motivation to subvert Castro’s rule Similar statements of opposition ican embargo of Cuba. By dropping his oppo- by applying economic pressure on his re- have come from Canada’s Foreign Min- sition to the bill, Mr. Clinton junks his own gime. However, they may very well achieve ister and leading diplomats around the balanced policy for encouraging democracy just the opposite of what they seek by but- world. in Cuba and signs on to an approach that will tressing, not undermining, Castro’s support at home and weakening, not strengthening, Mr. Speaker, my strongest objection inevitably slow the opening of Cuban society and pick a pointless quarrel with American the embargo’s prohibition on trade with to this legislation is that it will not en- allies. Cuba. courage the departure of Fidel Castro The bill threatens foreign companies with The Helms-Burton bill is a slick strata- and it will only make the lives of aver- lawsuits and their executives with exclusion gem. Its stated purpose is to tighten the em- age Cubans more miserable—especially from American soil if they use any property bargo by allowing Cuban Americans to have Cuban children economically stran- in Cuba ever confiscated from anyone who is the unprecedented right to sue, in U.S. fed- gling the island only hurt the most now a United States citizen. Some of its pro- eral courts, foreign companies doing business vulnerable—and I’m not sure that’s visions appear to violate international law on land once owned by these exiles. The idea is to discourage foreign business investment what this Congress really wants to do. and trade treaties, and the Administration had been saying since last summer that it in Cuba, thus undermining the island’s finan- I believe this bill is exactly what Cas- would veto the measure unless these provi- cial recovery which, the bill’s supporters na- tro wants at a time when communism sions were removed. ively hope, will result in a collapse of the has crumbled around the globe; at a The United States is the only country that Castro regime. The bill’s practical con- time when the Cuban economy is in maintains an economic embargo against sequences are a different story. disarray; and at a time when the inter- Cuba, an outdated policy that has failed in 35 A little-noticed provision in the Helms- nal opposition in Cuba seems to be get- years to topple the Castro Government. Try- Burton measure will enable a small group of ting stronger. This bill only gives Cas- ing to coerce other countries to join the em- Cuban Americans to profit from the eco- bargo is offensive to American allies and un- nomic activity occurring in Cuba. tro an excuse to be more repressive and likely to succeed. To understand this provision, one must to justify his failed system. Backers of the Helms-Burton bill believe first know who helped write it. As the Balti- So, I say to my colleagues, if you the Cuban economy has been so enfeebled by more Sun reported last May, the bill was want to get at Fidel Castro, come up the loss of subsidized Soviet trade that the drafted with the advice of Nick Gutierrez, an with a different approach. Helms-Bur- Castro regime can be brought down with one attorney who represents the National Asso- ton will only breathe new life into his final shove. But Cuba’s economy, though ciation of Sugar Mill Owners of Cuba and the dictatorship. hurting, has already revived from the depths Cuban Association for the Tobacco Industry. of the early 1990’s. Its recovery has been Gutierrez acknowledges his involvement, as Mr. Speaker, I submit for the RECORD built on austerity, limited reforms and new does Ignacio Sanchez, an attorney whose editorials, which have recently ap- trade relationships with the rest of the firm represents the Bacardi rum company. peared in the New York Times, the world. It is unrealistic to think that a rein- Sanchez told the Sun that he worked on the Boston Globe, the Chicago Tribune, the forced American embargo would bring Mr. bill in his capacity as a member of the Amer- Washington Post, the Detroit News, Castro down. ican Bar Association’s Cuban Property H 1728 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Rights Task Force and not as representative suing Castro’s foreign collaborators later in [From the Boston Globe, Feb. 27, 1996] of the rum company. the final months of an election year? Not MISSTEPS ON CUBA It is not hard to surmise what these former very. When Fidel Castro sent his MIG fighters up sugar, tobacco and rum interests will do if The bottom line is that Clinton, in the against two alleged intruders last weekend, and when the law takes effect: sue their com- name of getting tough with Castro, has en- he not only shot down two unarmed civilian petitors who are now doing business in Cuba. dorsed a bill that allows the embargo to be aircraft and killed American citizens, he Gutierrez told the Miami Herald last fall evaded and protects Cuban Americans who shot himself in the foot as well. as saying that he (and his clients) are eyeing want to legally cut deals to exploit their In the last few months there had been signs a Kentucky subsidiary of British-American former properties in Cuba while the rest of that relations between Cuba and the United Tobacco (B.A.T.) that produces Lucky Strike the American business community must States—frozen for more than 30 years—might cigarettes. B.A.T. has a Cuban joint venture watch from the sidelines. be beginning to thaw. In October President with the Brazilian firm Souza Cruz to In fact, the legislation could encourage a Clinton eased some of the travel and finan- produce tobacco on land confiscated from his cial restrictions on Cuba in the interests of clients, Gutierrez claims. massive influx of new foreign investment in Cuba. Armed with the extortionist powers greater ‘‘people to people’’ contact. This Bacardi would be able to sue Pernod year there has been a steady stream of con- Ricard, the French spirits distributor, cur- conferred by the legislation, former property holders could shop around the world for pro- gressmen visiting the island, each receiving rently marketing Havana Club rum world- the obligatory audience with ‘‘the bearded wide. Bacardi claims that Pernod Ricard’s spective investors in Cuba and offer them a full release on their property claim in ex- one.’’ rum is being produced in the old Bacardi dis- American businessmen are becoming re- change for a ‘‘sweetheart’’ lawsuit settle- tillery in the city of Santiago de Cuba. ceptive to potential opportunities in Cuba. ment entitling them to a piece of the eco- Here is how this vexatious scheme will Some say that more Americans visited Cuba nomic action. Thus, the embargo is legally work if Helms-Burton becomes law. The for- in January than in any month since Castro bypassed and everyone laughs all the way to mer landowner of a tobacco farm files a suit came to power in 1959. in federal court against British-American the bank. Seeing his economy crash and burn after Tobacco and seeks damages. If both sides Actually, not everyone would benefit. The the end of support from the Communist bloc want to avoid prolonged litigation they can Clinton-endorsed version of Helms-Burton earlier this decade, Castro desperately needs reach an out-of-court settlement whereby only exempts the wealthiest cabal of Cuba’s foreign investments; an end to the American the former tobacco grower can now share in former elites from the embargo’s restraints. economic embargo of his island would ease the profits of the ongoing B.A.T.-Brazilian The bill will only allow those whose former the poverty of his people. joint venture in Cuba. Likewise, Bacardi property is worth a minimum value of $50,000 An even more Draconian twist to the em- could reach a settlement to get a share of (sans interest) to file suits. And you had to bargo, in the form of the Helms-Burton bill, Pernod Ricard’s profits from sales of Havana be very rich to have owned anything of that is waiting in the wings. Passed by both Club internationally. value in Cuba in 1959. If you were a Cuban houses but still awaiting action in con- These agreements do not need the blessing butcher, baker or candlestick maker, too ference committee, Helms-Burton would not of the U.S. government. This is the million bad. This bill is not for you. only tighten existing restrictions, but would dollar loophole in Helms-Burton. The bill What could be more useful to Castro in his punish our allies who trade with Cuba. The states: ‘‘an action [lawsuit] . . . may be efforts to shore up his standing with the House version, for example, could ‘‘restrict’’ brought and may be settled, and a judgment Cuban people? The spectacle of the U.S. Con- entry into the United States of corporate of- rendered in such action may be enforced, gress kowtowing to these Batista-era planta- ficers, even shareholders, of companies doing without the necessity of obtaining any li- tion owners and distillers provides Fidel his business in Cuba, a measure which might be cense or permission from any agency of the most effective propaganda weapon since the in violation of our trade agreements with United States.’’ Bay of Pigs debacle. Castro surely knows Canada in particular. What will be the practical result? Foreign that the overwhelming majority of the Some congressmen, such as Joseph Moak- companies like Pernod Ricard and British- Cuban people—60 percent of whom were born ley, told Castro last month that the United American Tobacco are unlikely to abandon after 1959—would deeply resent what can be States and Cuba had reached a ‘‘crossroads.’’ viable operations in Cuba because of a law- characterized, not unfairly, as an attempt to If Helms-Burton were signed into law it suit. More likely, these foreign businessmen confiscate their properties and revert control would ‘‘end any possibility for improved re- will agree, reluctantly, to pay off Cuban ex- over Cuba’s economy to people who symbol- lations anytime in the near future.’’ He told iles suing under Helms-Burton. Given the ize the corrupt rule of the 1950s. Rather than Castro that there ‘‘must be more movement choice of forfeiting millions of dollars in- undermining Castro’s rule, this bill would in Cuba in regard to human rights * * *’’ vested in Cuba or their financial interests in drive the people into his camp. Only last week, however, Castro arrested the United States, the practical business so- 100 dissidents and human-rights activists Where is the logic in denying the vast ma- lution might be to give the exiles a cut of who were seeking a peaceful dialogue with jority of the American people the right to the action. Far better to have 90 percent of the Cuban regime. This upset the European become economically engaged in Cuba if it is something than 100 percent of nothing, these Union, which is trying to work out an eco- extended to only a select, wealthy few? Is businessmen will reason. Allowing Cuban nomic-cooperation treaty with Cuba, and the concept of ‘‘equal protection under the Americans a share of their profits will just made it all the more difficult for those who law’’ served if non-Cuban Americans are now be factored in as another cost of doing busi- are working to defeat Helms-Burton in this relegated to the status of second-class citi- ness. country. Indeed, Helms-Burton gives the Cuban zens? Or is the real intent of this bill to Last weekend Castro made their task next exile community a strong financial stake in allow rich Cuban exiles the opportunity to to impossible. With large Cuban-American Castro’s Cuba. If the foreign businesses sim- get a jump start and thereby head off the communities in swing states such as New ply withdrew in the face of Helms-Burton, ‘‘gringo’’ business invasion certain to follow Jersey and Florida, seeming soft on Cuba in the exiled tobacco, sugar and rum interests the demise of the embargo and the inevitable an election year is not something politicians would get nothing. But if British-American passing of Castro. want. Tobacco or Pernod Ricard or any other for- Let us put an end to this special interest But the Helms-Burton bill is bad law. It eign firm now doing business with the Castro subterfuge. Whatever obligation the United was bad law before Castro’s stupid over- regime offers an out-of-court settlement to States had to my fellow Cuban Americans reaction to the admittedly provocative Cuban American exiles, who is going to turn has been more than fulfilled by providing us flights, and it is bad law now. It is to be them down? Given the option, at least some safe haven and the opportunity to prosper hoped that cool heads in Congress and the people are going to choose personal enrich- and flourish in a free society. Providing us, White House will realize that in time. ment over the principle of not doing business once again, another special exemption which with Fidel. After all, Fidel has been in power makes a mockery of the American Constitu- [From the Chicago Tribune, Mar. 1, 1996] for 37 years, and the exiles are not getting tion, laws and courts, not to mention mak- SURRENDERING U.S. POLICY ON CUBA any younger. ing a farce of U.S.-Cuba policy, is an insult After more than 30 years of them, it should The Clinton White House is not unaware of to both the American and Cuban people. be clear that trade sanctions against Cuba the scam at the heart of the bill. Before the If we are going to lift the embargo for a will not force Fidel Castro to surrender. shooting down of the plane, the president few wealthy exiles then, fine, let us lift it for What a shame, then, that a great power like had objected to the provisions allowing U.S. all Americans. To be fair and consistent, the United States has surrendered its foreign nationals to sue companies doing business in why not liberate the entire American com- policy to a tiny population of hard-line anti- Cuba. During last week’s conference with munity to bring the full weight if its influ- Castro Cubans. What an embarrassment! Congress, the president’s men surrendered ence to bear upon Cuban people? Implement- By agreeing this week to impose new eco- and asked for a face-saving compromise: a ing an aggressive engagement policy to nomic penalties against Cuba, President provision giving the president the right to transmit our values to the Cuban people and Clinton and the Republican-controlled Con- block such deals later on if they do not ad- to accelerate the burgeoning process of re- gress have proven that, given a choice be- vance the cause of democracy in Cuba. But form occurring on the island has a far better tween sound foreign policy and pandering to how likely is Clinton to block Cuban Ameri- chance of ending Castro’s rule then the the rabid anti-Castro crowd in a critical cans in Florida, a key election state, from machinations of Helms-Burton. electoral state, they’ll pander. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1729 In no way do we defend Castro’s dictator- lion Cuban Americans. From these sources But the new flights should be at their own ship or the outrageous disregard for human now come calls for a military response—an risk. Washington, not Miami, should be the life represented by Cuba’s downing last air patrol to knock down rising Cuban MiGs locus of U.S.-Cuba policy. And if the group weekend of two small civilian aircraft. But or a blockade to keep Fidel Castro from ei- files phony flight plans, the administration in that regard, an old American adage is in- ther receiving foreign ships or expelling a should consider grounding its aircraft. structive: Don’t go looking for trouble, it new flood of refugees to Florida. The president’s response drew criticism cautions, ’cause it’ll find you anyway. These measures would be counter- from some of his Republican challengers, but Brothers to the Rescue, an exile group, productive. If put into effect, they would this smacks of the criticism he dealt former went looking for trouble by violating Cuba’s leave the United States largely isolated President George Bush on Bosnia. It is easy sovereign air space to drop leaflets and by among other nations. The better course re- to talk tough when one is out of office. playing hide-and-seek with Cuban jets along mains to keep international diplomatic and For now, the Castro regime should feel the its periphery. private influence focused—in discussions on pain resulting from American displeasure By law, private citizens may not make for- ending the embargo, for instance—on open- over the shooting incident. But the long- eign policy. Yet the Cuban exiles invited this ing political space for human rights advo- term policy for breaking up the Castro re- ‘‘crisis,’’ if they didn’t actually manufacture cates, independent social and professional gime should be more contacts and more com- it, and suckered both a Democratic president organizations, and democrats. As the recent merce. and a Republican Congress into making pol- crackdown on Concilo Cubano demonstrates, icy to suit their purposes. this isn’t easy. But over time it offers hope. [From the Philadelphia Inquirer, Feb. 27, Ironically, the new sanctions, while aimed 1996] at isolating Castro and weakening his power, [From the Detroit News, Feb. 29, 1996] HOLD THE BLOCKADE are certain only to complicate trade rela- CUBA INCIDENT: CORRECT RESPONSE THOSE CRYING FOR MILITARY ACTION AGAINST tions with key U.S. allies and commercial CUBA OUGHT TO PUT SATURDAY’S ATTACKS The downing late last week of two un- partners such as Canada, Mexico and France. INTO CONTEXT. armed civilian planes by Cuban military jets Under the sanctions, U.S. visas will be de- off the coast of Cuba was a brutal and cow- Let’s have a little perspective, please, on nied to foreign corporate executives—and ardly act. But President Bill Clinton prop- the Cuban downing of two civilian planes their stockholders—if these firms are among erly resisted the temptation in a political last Saturday. those that have invested billions of dollars in season to overreact. The administration’s re- To hear GOP candidates (and some Cuban Cuban property. (The U.S. is the only nation sponse was reasonably measured, even as it exile groups) tell it, this is the most heinous that observes the absurd embargo of Cuba.) sought to condemn Cuba in the United Na- international crime since Hitler’s invasions, Another provision would allow U.S. citi- tions. and should be fought as fiercely. Send U.S. zens to file suit against foreign firms utiliz- President Clinton has suspended all air warplanes, says Pat Buchanan. Amateur ing property that was seized by Castro. But charter transportation to Cuba, vowed to hour in the White House, scoffs Bob Dole. in a cynical provision designed to neuter Fortunately, President Clinton has been reach an agreement on tightened trade sanc- that very same proposal, the president is level-headed enough not to blow this inci- tions against Cuba, asked Congress to divert granted power to waive the rule every six dent out of all proportion. His call for U.N. funds from Cuba’s $100 million in frozen as- months to throw out the backlog of antici- Security Council condemnation of Cuba, and sets to compensate the families of the pated cases. Cuban payment of compensation to the fami- downed pilots and restricted travel to Cuba Like all dictators, Castro shows unwaver- lies of the downed pilots, is about what the by Americans. ing patience in allowing his people to suffer. sorry episode merits. But the president didn’t end travel to But if America wants to influence Cuba to Those who want tougher action should ex- Cuba; he proposed requiring visitors to go liberalize, then more ties—not a trade em- amine the facts. through a third country to reach the island bargo—is the answer. The two downed Cessnas were piloted by nation. Government officials estimate that Cuban Americans belonging to a group called about 120,000 to 130,000 people travel from the [From the Washington Post, Feb. 27, 1996] Brothers to the Rescue, which is supposed to United States to Cuba each year. If the re- aid Cubans trying to escape by sea to Amer- CUBA’S BRUTALITY quirement that they route themselves ica. But the flow of refugees has mostly No one concerned for regional stability and through a third country slows the flow, Cuba stopped since Washington began repatriating air safety can fail to condemn Cuba’s brutal will suffer from a loss of revenue in hard cur- in August 1994. downing of two small unarmed civilian rency. So what were the planes doing? This Cuban planes on Saturday. In this latest mission by The proposed sanctions are in line with American group has frequently overflown Brothers to the Rescue, the two planes and a this country’s 30-year-old policy of enforcing Cuban airspace, illegally, and last January third that made it back to Miami had in fact a trade embargo on Cuba. Its economy was dropped anti-Castro leaflets on, Havana. On ignored Cuban warnings as well as official propped up by the Soviet Union, but the dis- Saturday’s flight, the pilots were warned by American cautions not to penetrate Cuban solution of the old Soviet empire has thrust Havana air controllers not to enter Cuban air-space. Nor was it clear whether their pur- the regime of Fidel Castro on hard times. airspace. They replied that they would do so pose was the stated humanitarian one of res- The shootings necessitated punishment anyway, adding, ‘‘we are aware we are in cuing fleeing rafters or the alleged political from Washington, but stiffer trade sanctions peril.’’ one of overflying Havana. But this is no ex- and restricted travel are not the best long- U.S. officials say a third plane that es- cuse for the attack. In such circumstances, term solution for inducing change in Cuba. caped did enter Cuban airspace, while the international law requires warning off the Mr. Clinton last fall moved to ease relations two downed planes were shot by a Cuban approaching aircraft. Instead, the Castro with Fidel Castro’s regime. The administra- MIG–29 in international waters. They also government, having considered for months tion then was right to do so. Commercial and say, rightly, that no country has the legal how to react to these flights, ignored Amer- cultural relations with Cuba ultimately will right to shoot down unarmed planes that ican urgings to stay on a peaceful and legal serve to weaken the grip of the aging com- don’t threaten national security; Cuban air path and shot to kill. munist dictator, whose misrule has given his controllers should have issued warnings. The Cuban attack caught President Clin- countrymen decades of economic ruin. But there is no question that Brothers to ton at a difficult time and place. He does not The administration’s tow-prong policy on the Rescue was trying to provoke a Cuban wish to be outflanked politically in a poten- the shootings is also well-judged. To com- reaction by repeatedly violating Cuban air- tial swing state, Florida, with a large Cuban- plement its own reprisals, it moved to obtain space to pursue their anti-Castro cause. No exile population and a presidential primary a condemnation of Cuba’s action in the Unit- matter how one admires the pilots’ bravery, coming up two weeks from today. Nor does ed Nations. The UN instead ‘‘deplored’’ or despises the Castro regime, that fact is he want, in expressing the prevailing and Cuba’s action, which is taken as a sign that clear. justified outrage, to let it overwhelm his pre- it will not adopt its own trade sanctions. Cuba is now nothing more than a historic vious efforts to open up certain avenues of But in all of its actions, the Clinton ad- leftover whose communist regime is bound communication and relief for the Cuban peo- ministration has moved to maintain control to dissolve soon. To further isolate the popu- ple, or to interfere with agreed procedures of of this country’s Cuba policy. The flights lation—by cutting phone contacts or family legal emigration. Hence the measures he an- near the Cuban coast by a Cuban emigre remittances from America—would only slow nounced yesterday to notch up pressure on group were clearly meant to provoke the the foreign contacts that help undermine the the Communist regime, including suspending Cuban government. The Cubans in the last regime. Havana-Miami charter flights and working several weeks had issued warnings that the Mounting a full-scale naval blockade with Congress to selectively tighten an al- flights should cease. Whether or not the ci- would put America at odds with all its allies. ready tight embargo. vilian pilots actually violated Cuban air Similarly, the Helms Burton bill in Con- Given the tensions Fidel Castro churns on space remains in dispute. gress—which the President has opposed but the American scene, the Clinton proposals Given the ambiguity of the situation, the now promises to work on—would also make were bound to be attacked not only by Re- Clinton administration is right not to let the international mischief unless it is rewritten. publicans campaigning for their party’s pres- Cuban emigre group get it into a confronta- As it now stands, the bill would legitimize idential nomination in Florida but also by tion. The group responsible for the flights suits by Americans against many third-coun- harder-line factions among the state’s mil- has promised to continue them this week. try firms that trade with Cuba. Do we want H 1730 CONGRESSIONAL RECORD — HOUSE March 6, 1996 to start trade wars with our allies over their around Cuba. At least twice, Brothers to the ical necessity, even though the more prudent commerce with Cuba? Rescue pilots have flown all the way to Ha- long-range course would be to create the per- That, not Mr. Clinton’s reasoned response, vana to drop anti-Castro leaflets. Were the sonal and economic ties needed for the inevi- sounds like amateur hour. Brothers trying to provoke an incident with table transition to a post-Castro era. Cuba on the eve of Congress’ consideration of [From the Los Angeles Times, Feb. 27, 1996] the Burton-Helms bill? Possibly, but even if STATEMENT OF THE EUROPEAN UNION, DELE- WEIGHING THE RESPONSE TO CUBA’S BRUTAL they were, and no matter how provocative GATION OF THE EUROPEAN COMMISSION, TO ATTACKS those flights might seem, they cannot justify THE DEPARTMENT OF STATE CLINTON’S TASK IS TO PUNISH CASTRO, NOT THE Saturday’s brutal response. The Presidency of the Council of the Euro- CUBAN PEOPLE Is Castro trying to send a message to pean Union and the European Commission Miami and Washington, not to mention the The Cuban air force downing of two civil- present their compliments to the Depart- Cuban people, with this bloody incident? Is ian aircraft last weekend, and the resultant ment of State and wish to refer to the Cuban he trying to prove, yet again, that he will deaths of four Cuban Americans aboard, was Liberty and Democratic Solidarity tolerate no political dissent from his aging a blatantly illegal and needless act of provo- (LIBERTAD) Act of 1996. and increasingly weak regime? Perhaps, but cation by Fidel Castro’s government. Presi- The European Union (EU) has consistently ultimately his attempts to hang onto power dent Clinton is right to condemn it in the expressed its opposition, as a matter of law are futile. Someday, the sooner the better, strongest terms. and policy, to extraterritorial applications the aging dictator will be gone and a new era But Clinton must not allow Castro’s latest of US jurisdiction which would also restrict of relations between Havana and Washington act of brutality to push him too far, and he EU trade in goods and services with Cuba, as will begin. As Clinton ponders how to react sensibly appears to have a hard but well- already stated in various diplomatic to this lastest outrage, the president must measured course in mind. To be provoked demarches made in Washington last year, in- keep in mind those long-term prospects. into a short-sighted overreaction could dam- cluding a letter from Sir Leon Brittan to Exact payment, squeeze Castro, but don’t de- age U.S.-Cuban long-term relations even fur- Secretary of State Warren Christopher. Al- rail the future relationship between the two ther. The Administration’s strategy may not though the EU is fully supportive of a peace- peoples. please some of Castro’s most ardent enemies ful transition in Cuba, it cannot accept that in this country, but it will make it easier for the US unilaterally determine and restrict [From the Baltimore Sun, Feb. 27, 1996] Washington and Havana to resume normal EU economic and commercial relations with relations in that not-too-distant future when CUBAN JETS VS. UNARMED CESSNAS third countries. Castro is gone and the long communist dic- CASTRO’S LATEST BLUNDER: CLINTON TIGHTENS The EU is consequently extremely con- tatorship comes to its inevitable end. EMBARGO, SHUNS MILITARY ACTION cerned by the latest developments in the Clinton has announced that he will seek President Clinton’s substantive response to House-Senate Conference in relation to this legislation to compensate the families of the Cuba’s latest outrage—the shooting down of legislation, including the position now ap- four missing and presumed dead fliers from two unarmed civilian planes whose only parently taken by the US Administration. Cuban assets that have been impounded in ‘‘bombs’’ were leaflets calling for freedom— The legislation contains several objection- this country. He also announced there will was more restrained than his rhetoric. He or- able elements. In addition, provisions relat- be new restrictions on the movement and dered no military action, imposed no naval ing to trafficking in confiscated property number of Cuban diplomats in the United blockade, kept telephone lines open and did and those concerning denial of visas to ex- States and the suspension of charter air not shut off the money sent by exiles to fam- ecutives or shareholders of companies in- travel to Cuba. Lastly, he will expand the ilies in Cuba. volved in transactions concerning con- reach of Radio Marti, the U.S. government Yet some action was imperative. No self- fiscated properties in Cuba, which had been broadcast service into Cuba, a long-time burr respecting country can permit the blatant removed during the adoption procedure by under Castro’s saddle. These are all reason- murder of four of its citizens to go the Senate last 19 October 1995, have now able responses. unpunished. No self-respecting leader can been reintroduced by the House-Senate Con- Less reasonable, and possibly counter- permit himself to be shown without re- ference. These provisions, if enacted and im- productive, is Clinton’s willingness to dis- course. plemented, risk leading to legal chaos. cuss with Congress possible administration Fidel Castro’s latest crime, when combined The EU cannot accept the prohibition for support for the so-called Burton-Helms bill, with his recent crackdown on dissenters, US-owned or controlled firms from financing legislation that would tighten the existing erases what had been a favorable trend in other firms that might be involved in certain U.S. economic embargo on Cuba. While bills U.S.-Cuban relations. It also could short-cir- economic transactions with Cuba. The EU like Burton-Helms reflect an understandable cuit some of his efforts to replace the loss of has stated on many occasions that such an U.S. frustration with the Castro regime, that Soviet-era economic aid with increasing extraterritorial extension of US jurisdiction legislation, like the embargo itself, would trade ties with Europe. is unacceptable as a matter of law and pol- cause ancillary problems in Washington’s re- It is true enough that those involved in icy. Therefore, the EU takes the position lationship with other nations, including im- Saturday’s incident were provocateurs in the that the United States has no basis in inter- portant allies and trading partners like Can- business of pulling Fidel’s beard. They were national law to claim the right to regulate ada and Spain. Unless the State Department members of Brothers to the Rescue, a Miami- in any way transactions taking place outside can help Congress rewrite Burton-Helms so based organization formed to rescue boat the United States with Cuba undertaken by that it aims toward the normalcy of key people fleeing Cuba. But since Mr. Clinton’s subsidiaries of US companies incorporated international trade agreements like policy of forced repatriation stopped much of outside the US. NAFTA—a prospect that seems highly un- that exodus, the group has violated Cuban Nor can the EU we accept the immediate likely—it is best tossed in the congressional air space several times to drop freedom leaf- impact of the legislation on the trade inter- trash bin. lets despite U.S. pleas to desist. This evi- ests of the EU by prohibiting the entry of its It is expected that the United Nations will dently was the intent when they flew toward sugars, syrups and molasses into the US, un- soon join the United States in condemning Havana during their ill-fated mission. less the former certifies that it will not im- the irrational order to set Cuba’s MIG war- The Cuban retaliation was far out of pro- port such products from Cuba. The EU con- planes upon the small civilian craft flown by portion to the provocation and in clear viola- siders such requests, designed to enforce a the anti-Castro pilots. Perhaps U.N. debate tion of international strictures against firing US policy which is not applied by the EU, as will bring out more facts about this incident at unarmed aircraft. As a result, Mr. Clinton illegitimate. Such measures would appear than are now publicly known. For instance, rightly reversed his order of last October unjustifiable under GATT 1994 and would ap- what were the exact whereabouts of the easing travel restrictions between the U.S. pear to violate the general principles of planes at the moment they were attacked? and Cuba. He will stop U.S. charter flights. international law and sovereignty on inde- The U.S. and Cuban government versions dif- He will compensate the families of those pendent states. fer enormously. The Cubans say that the killed by Cuban jet fighters out of frozen In these circumstances, the EU would ap- planes were inside their territory, while Cuban assets in the U.S. He will expand the preciate it if you would inform Congress that Washington and Brothers to the Rescue, the reach of Radio Marti. And he even will work the EU is currently examining the compat- Cuban American organization to which the with Congress to see if some version of the ibility of this legislation with WTO rules and planes belonged, maintain that the aircraft Helms-Burton bill tightening the economic that the EU will react to protect all its le- were flying over international waters. It is, embargo on Cuba can be passed. gitimate rights. in fact, illegal to shoot at any unarmed civil- One provision in that measure permitting The EU is also worried by the provisions ian aircraft, according to international civil Cuban-Americans and others to flood federal that would lead the US to unilaterally re- air agreements. Havana will have a lot of ex- courts with suits seeking compensation from duce payments to international institutions, plaining to do if it hopes to come close to third-country investors who have purchased such as the IMF. This measure would run justifying the deaths of these four people. properties confiscated by the Castro regime counter to collectively agreed upon obliga- At least some of the blame for this tragedy should remain veto-bait. It would serve only tions via-a-vis those institutions and would may lie with Brothers to the Rescue. Since to increase the impatience of other nations represent an attempt to influence improp- 1991, the organization of Cuban American pi- with the U.S. obsession with Cuba. Yet some erly their internal decision-making proc- lots has flown 1,700 missions in the skies tightening of the embargo now seems a polit- esses. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1731 The EU also finds most worrying the re- killed at the age of 31 in Cuba while trying lies of the murdered pilots. They duction of US assistance to the Russian Fed- to overthrow the Batista dictatorship. The should know that their loved one’s ef- eration as a possible consequence of this leg- tender age of the downed pilots makes me forts in helping those seeking freedom islation. Such a measure would not only think of my dead brothers. The scars from was an inspiration to us all. Their dedi- weaken Western leverage in favour of re- premature death are painful to bear. forms, but comes at a critical junction in Nothing can excuse Cuba’s bravado in cation and bravery will not be forgot- time. downing the two Cessnas in which four ten. Finally the EU objects, as a matter of prin- young Cubans perished. However, this is a This latest incident, once again, il- ciple, to those provisions that seek to assert time for restraint and reason on both sides. lustrates Castro’s disregard for human extraterritorial jurisdiction of US Federal US foreign policy relations must not be held rights and disrespect for international courts over disputes between the US and for- hostage by extremists who seek to provoke law. Along with repressing basic free- eign companies regarding expropriated prop- and intensify an already tense atmosphere doms, Castro routinely and unmerci- erty located overseas. This measure would between both countries. fully persecutes anyone who speaks out risk complicating not only third country The time has come to engage Cuba in nego- economic relations with Cuba, but also any tiations. If the US has understood, accepted, against his barbaric practices. Now is transitional process in Cuba itself. Further- and promoted democratization in other the time to tighten the sanctions. Only more, these provisions offer the possibility countries, it is incomprehensible to now con- by ending Castro’s access to foreign to US firms for legal harassment against for- tinue to treat Cuba with rigidity and inflexi- capital will we bring about positive eign competitors that choose to do business bility. change in Cuba. in Cuba. The threat of denial of a US visa for This is the moment to put into practice Since the cutoff of Soviet assistance corporate officers and shareholders accen- more creative and pragmatic policies which in 1991, Castro has launched a des- tuates this concern. are truly conducive to a peaceful solution to perate campaign to lure foreign invest- The EU considers that the collective ef- the Cuban situation. fects of these provisions have the potential After twenty-two years in a Cuban prison, ment in Cuba. This allows him to gen- to cause grave damage to bilateral EU–US I was exiled abroad. Last year, I returned to erate hard currency—the means nec- relations. For these reasons, the EU urges Havana and called for civil and political lib- essary to sustain his repressive appara- the US Administration to use its influence erties, for my right to return and continue tus. We must not allow Castro to prop to seek appropriate modifications to the pro- my political work there, including my right up his failed government with foreign posed legislation, or if this should not be fea- to establish an office of Cambio Cubano in investment in properties—many of sible, to prevent it from being enacted. my country. which were confiscated from U.S. citi- Should the legislation be adopted, the Eu- These objectives are possible only through ropean Union intends to defend its legiti- a national reconciliation, rather than zens. mate interests in the appropriate inter- through a failed policy of confrontation. The The conference report permits Amer- national fora. peace for which we yearn is not easy. Most ican citizens to recover damages from The Presidency of the Council of the Euro- good things are as difficult as they are rare. foreign investors who are profiting pean Union and the European Commission I urge the US Congress to defeat the from their stolen property in Cuba. avail themselves of this opportunity to Helms-Burton legislation. This will block the foreign investment renew to the Department of State the assur- Mr. BURTON of Indiana. Mr. Speak- lifeline which keeps Castro’s regime ances of their highest consideration. er, will the gentleman yield? alive. Mr. MOAKLEY. I yield to the gen- The conference report also creates a STATEMENT BY ALFREDO DURAN, PRESIDENT tleman from Indiana. OF CUBAN COMMITTEE FOR DEMOCRACY right for U.S. citizens to sue parties Mr. BURTON of Indiana. Mr. Speak- that knowingly and intentionally traf- The recent shooting of two civilian planes er, I would just like to ask the gen- which ended tragically with the loss of four fic in confiscated property of U.S. na- lives was unquestionably an overreaction— tleman, aside from killing Fidel Castro tionals. Moreover, it denies entry into once again—by the Government of Cuba. with some kind of a paper resolution, the United States of any such individ- While President Clinton was correct in criti- what would the gentleman do over this ual. These are logical steps which will cizing and imposing certain sanctions for the latest incident? compel international companies to Cuban Government’s disregard for inter- Mr. MOAKLEY. Mr. Speaker, re- make a fundamental choice: ignore national law, he should seriously ponder claiming my time, I would put the U.S. property rights and engage in whether he is not now overreacting with his strongest sanctions I could. Helms-Bur- own endorsement of the Helms-Burton bill. business as usual with Castro or main- ton is not the answer. tain access to the world’s largest mar- The Helms-Burton bill, with echoes of the Mr. BURTON of Indiana. Mr. Speak- Platt amendment, will, among other con- ket. sequences, seriously affect the relations be- er, what sanctions would the gen- While I strongly support increased tween the United States and Cuba for many tleman impose? economic sanctions to force Castro years to come; violate the spirit, if not also Mr. MOAKLEY. Anything else, but from power, I also support efforts to the laws, of free trade and irritate major al- Helms-Burton is not the answer. Let help any new effort which enhances the lies of the United States; deviate the atten- me tell the gentleman, every Member self-determination of the Cuban people. tion of the world from Cuba’s own excesses who votes for Helms-Burton, I bet to the United States embargo, a policy which The conference report requires the within a couple of months would say, President to develop a plan to provide most nations have consistently criticized; why did I do it? and crippled the United States President’s economic assistance to both a transi- ability to act with flexibility to changes in Mr. DIAZ-BALART. Mr. Speaker, I tional government and a duly elected Cuba. yield 3 minutes to the gentleman from Government in Cuba. These provisions Mr. Chairman, it will also further weaken Louisiana [Mr. LIVINGSTON], the distin- send a clear signal to the Cuban people the United States’ leverage with the Govern- guished chairman of the Committee on that the United States is prepared to ment of Cuba in the future; slow down the Appropriations. assist in the revival of Cuba’s economy mutually beneficial contacts between the (Mr. LIVINGSTON asked and was people of Cuba and the United States; and and to build a mutually beneficial bi- given permission to revise and extend lateral relationship. exacerbate the divisions already existing be- his remarks.) tween Cubans in the island and Cuban Amer- Cuba is at a crossroads. This report icans. Mr. LIVINGSTON. Mr. Speaker, I tightens the economic noose around Those of us who wish for a peaceful transi- thank my friend from Florida for yield- Castro and focuses our country’s ener- tion within Cuba appeal both to the Cuban ing me time. gies on bringing fundamental change in Government to rethink their disregard for Mr. Speaker, I rise in strong support Cuba. international norms and to the United of the rule and on the conference re- I urge my colleagues to support this States Government not to fall into the trap port on the Cuban Liberty and Demo- important legislation. of overreacting to an overreaction. cratic Solidarity Act. I commend b Chairman SOLOMON, Chairman GILMAN, 1230 STATEMENT OF ELOY GUTIERREZ MENOYO, and Chairman BURTON for all their Mr. BEILENSON. Mr. Speaker, I PRESIDENT OF CAMBIO CUBANO/CUBAN CHANGE, TO THE U.S. CONGRESS hard work on this important bill and yield 4 minutes to the gentleman from At a very early age, I learned about war. welcome President Clinton’s newfound Hawaii [Mr. ABERCROMBIE]. My brother Jose Antonio was killed fighting support. Mr. ABERCROMBIE. Mr. Speaker, I against fascism at age 16 in Spain. I was only I would like to take this opportunity find it rather strange that we are tak- five years old. My other brother, Carlos, was and offer my condolences to the fami- ing up this legislation today in the H 1732 CONGRESSIONAL RECORD — HOUSE March 6, 1996 manner in which we are. I will attempt not we are going to sanction it. If it is We are pleased that the administra- to answer the gentleman from Indiana the policy of the United States to allow tion has publicly agreed to back the [Mr. BURTON] as well. I think his ques- these flights to take place, then we Burton-Helms bill. And, I ask that tion is a good one: What would you do should say so. I think we should say so President Clinton’s March 5 letter to in place of this legislation? up front. Speaker GINGRICH endorsing this meas- Let me say what I think we should We are meeting in the Committee on ure be made part of the RECORD today. do. I think we should get rid of the em- National Security today, and we have With the tireless work of Representa- bargo entirely, open it up. We are deal- had a discussion already in terms of tive ROS-LEHTINEN, Representative ing with a nation here who shares west- our authorization as to what our policy DIAZ-BALART, Representative ern values. I think if we dropped the should be or not be with respect to MENENDEZ, and Representative embargo entirely, Mr. BURTON is shak- Cuba. And if it is our idea to have a TORRICELLI, we have fashioned a sound ing his head, I wish we had more time. provocation of the Cuban Government piece of legislation that advances one We could have an exchange at some at this time, then I think we need to of our most critical foreign policy ob- later point, perhaps in special orders or say so. And if that is what we want to jectives in this hemisphere. something of that nature. I do not as- do, go to war with Cuba, I think we Accordingly, I urge my colleagues to sociate the people of Cuba with the ought to talk about whether or not we support the rule and this worthy bill. Mr. BEILENSON. Mr. Speaker, I government any more than the people are going to go to war with Beijing. yield 5 minutes to the gentleman from around the world do necessarily with Are we going to encourage the same Coloroado [Mr. SKAGGS]. the government officials that we have kind of approach from Taiwan toward Mr. SKAGGS. Mr. Speaker, this leg- here. I think that the way to end the the mainland of China? I think we have islation comes to the floor today pro- dictatorship in Cuba is to open up our to be very, very careful here with re- pelled by our collective outrage over trade completely. I think the regime spect to whether we allow the emotion the recent murderous attack by the would fall very, very quickly under of the moment to rule the legislation Castro regime on two defenseless and that kind of circumstance. which comes before us in the wake of clearly marked civilian aircraft. Civ- But, because my time is limited, un- it. ilized people everywhere are rightly fortunately, I am trying in good faith With that, Mr. Speaker, I close my outraged by this brutal act and by the to give an answer to Mr. BURTON on remarks and indicate that at some disregard that the Castro regime has that. If we go with the legislation that time in the future, I would be delighted shown for human life and human is before us and allow the suing to take to discuss what we should do. And I do rights. place, who are going to bring into the not think, unfortunately, the legisla- It is long past time for Castro and his suit? Will Meyer Lansky come back tion before us today allows that kind of paranoid regime to follow Brezhnev, then and the Mafia? Is that who we discussion. Honeker, Ceausescu, and all the other want to put back in charge? Mr. DIAZ-BALART. Mr. Speaker, I failed Marxist dictators into the dust- I come from an island people. We un- yield 1 minute to the distinguished bin of history. There can be no dis- derstand what colonial domination is gentleman from New York [Mr. GIL- agreement about that. all about. I can tell my colleagues how MAN], chairman of the Committee on But does it follow that there should my interest in Cuba first started be- International Relations. be no disagreement about this bill? cause the oligarchs in Cuba that con- (Mr. GILMAN asked and was given Emphatically, it does not. In fact, this trolled sugar and slave labor there, permission to revise and extend his re- legislation is a product of outdated which competed with our free collec- marks.) dogma about how to fight Communist tive bargaining individuals in Hawaii Mr. GILMAN. Mr. Speaker, the dictators, just as much as Castro is an that produced sugar. We understand Cuban Liberty and Democratic Solidar- outdated Communist dictator. completely what was involved in the ity [Libertad] Act of 1996 has three con- A vote for this bill is a vote to ratch- 1950s. I do not want to hear crocodile structive objectives: to bring an early et up the already tight Cuban embargo. tears at this stage about dictatorships. end to the Castro regime by cutting off That may be popular as a way to reg- I understand exactly what is taking capital that keeps it afloat; to start ister our moral outrage at Castro’s lat- place in Cuba there. planning now for United States support est actions. Some may even believe it If my colleagues want to bring the to a democratic transition in Cuba; will help push his regime over the edge. Mafia back in and they want to bring and, to protect property confiscated To the contrary, passing this bill is the people who supported those kinds from United States citizens that is exactly the wrong thing to do right now. of people back into power, that is up to being exploited today by foreign com- What is our self-interest here? What them. They can do that. But do not try panies that are profiting at the expense should be our objective? It should be and sell us at this particular time that of the Cuban people. the peaceful transition to a Cuba with somehow our allies, then, in Mexico This legislation charts a course for an open economic system and a demo- and Canada are going to be subject to responsible normalization of United cratic political system. some kind of sanction. If we want to States-Cuba relations under specific What is the best way to get there? I get rid of NAFTA, it is OK with me. I conditions. And, in the meantime, it think our recent experience is instruc- voted against it. But if that is going to helps protect the property of U.S. citi- tive, our experience with the Soviet be the case, it seems to me that to zens until they can reclaim it under a Union, with Eastern Europe, with bring the kind of pressure that at least democratic government. China and Vietnam. one of the individuals speaking in favor Mr. Speaker, ‘‘libertad’’ means ‘‘free- That experience is one of modest suc- of the legislation brought to bear dom’’ for the Cuban people, literally cess achieved through a policy of today, then I think that we are going and figuratively. tough-minded engagement: Engage- to have to abrogate the NAFTA agree- By approving this Libertad Act with ment economically with trade and in- ment as well. I mean, this may be the wide bipartisan support, Congress will vestment, showing the virtues of our vehicle for doing it. I do not know. I demonstrate our solidarity with the economic system on the ground, in per- had not thought about it previously. Cuban people who are struggling to be son, in their face. Engagement ideo- So when Senator DOLE indicates, as free. logically, promoting the free exchange previous discussant related to us, that We are sending an unambiguous re- of information and people with U.S. policy has consequences around sponse to Castro in the wake of his unimpeded travel. And, engagement the world, I would say that is true. And murderous attack on February 24 that culturally, through cultural exchange I think our relationship with Canada cost the lives of four innocent Ameri- and humanitarian involvement. That’s and Mexico is a case in point. cans. And we express our condolences the policy that ultimately contributed I think that if we are talking about to their families. to the undoing of the repressive re- whether or not we are in control of our Mr. BURTON and I have worked with a gimes of the old Soviet empire and to own foreign policy, I think we have to strong bipartisan coalition that has economic reforms—admittedly incom- take into account whether or not these reached out to the administration in plete—underway in China and Viet- provocations do occur and whether or crafting this conference report. nam. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1733 In contrast, this bill is just another out the hard way—having toyed with a continued on a mission that went be- iteration of an outmoded ideology: misguided policy of appeasement right yond just searching for those who may mindless isolation, the same failed ap- up until those humanitarian relief be lost in the ocean trying to reach the proach that has been applied to Cuba planes were shot out of the sky. It is United States, few as they may be in for more than 30 by years. my hope that those who oppose this recent days. They were determined to What are we afraid of here? A small bill will soon come to the same realiza- make certain that the issue of the island nation with no stragegic allies tion that President Clinton has: That overthrow of Castro and the restora- and a failed economic and political sys- our only policy option is to clamp tion of democracy in Cuba would not be tem? down on Fidel Castro once and for all. forgotten. I do not care what my col- This Congress chose a policy of en- He is the problem. leagues’ beliefs are; if they believe that gagement with China even though Mr. Speaker, this legislation will put was sincere and they did these things, China poses much a greater risk to us U.S. policy with Castro back on we have to pray for their souls and than Cuba. We did this precisely be- track—back to being tough with con- their families and not ignore the cour- cause we know that political, eco- crete action designed to restore democ- age that they had in doing these nomic, and cultural engagement holds racy and encourage Castro’s departure things, not once, but many times, in out the best hope of avoiding those from power. We know from what hap- order to focus attention on the injus- very risks, whether economic or mili- pened in Haiti under the Clinton ad- tices, that were being committed in tary. ministration’s policy of misery that Cuba. This bill takes United States policy properly run and fully supported em- Did they believe that they would be shot down as civilian planes with no in Cuba in the wrong direction. It is ab- bargoes can have serious impact. In weapons? I would hope that no one solutely contrary to the long-term in- Haiti, the Clinton administration’s pol- would believe that in this world that terests of the United States. It will in- icy did damage that Haiti will be try- we have people who would say, ‘‘Be- crease the prospect of a violent convul- ing to recover from—and United States cause you have provoked us, because sion in Cuba that would be a real secu- taxpayers will probably be paying for— you have made us angry, that we are rity and immigration crisis for the for decades. But the Haiti experience prepared to blow up your planes and to United States. should have taught us that, once and murder you,’’ and so the United States I do not agree with the President embargo is made the policy of choice, leads the world in terms of outrage in that this isolationist bill is an accept- it has to be enforced with a clear focus saying whether those planes were over able measure, even in response to such on the enemy target and a firm com- Cuba, within 12 miles, outside of 12 an offensive provocation by the Cuban mitment to seeing it through to its de- miles, we just do not do this to people. Government as occurred last week. sired end. We ask our allies help. This If one wakes up in the middle of the Tightening the embargo will only play legislation is designed to achieve that night and they think there is a burglar into Castro’s hands, helping him to goal. I urge my colleagues to support that intruded in their house, and they keep his people in a state of repression the Libertad conference report and I pick up a gun, and they go, and then and deprivation. look forward to the day when the Unit- they see it is a child that is fleeing As in the case of our other former, ed States can once again embrace a without an arm, they may have the and hold-over adversaries from the cold free and democratic Cuba. legal right, they may have the emo- war era, the best policy for the United b 1245 tional feeling, but they do not shoot States to follow for its own self-inter- down a defenseless child no matter how Mr. BEILENSON. Mr. Speaker, I est, and to encourage reform of China’s much that child provoked them. No yield such time as he may consume to political and economic system, is a pol- matter how we measure the patriotism, the distinguished gentleman from New icy of tough-minded engagement. the dedication, of these pilots, nobody York [Mr. RANGEL]. Let us learn from recent history, Mr. can make the accusation that they (Mr. RANGEL asked and was given Speaker. Let us have the courage to were a threat to the security of the permission to revise and extend his re- say ‘‘no’’ to narrow ideology, to say people in Cuba. ‘‘no’’ to special-interest group domina- marks.) So we all have to do the best we can Mr. RANGEL. Mr. Speaker, I appre- tion of United States policy toward to show not just Castro but anyone Cuba, and ‘‘no’’ to this bill. ciate this opportunity to address the that thinks this way it is an out- Mr. DIAZ-BALART. Mr. Speaker, I House, and I guess, since this is an rageous thing to do, but how do we re- yield 2 minutes to the gentleman from emotional issue votes will not be spond as a civilized nation? Do we run Florida [Mr. GOSS], my distinguished changed, but I am in opposition to this there, and grab Castro, and shake him, colleague on the Committee on Rules. rule, and most of what I am saying I and say never again? No, our response (Mr. GOSS asked and was given per- hope I am saying for the RECORD as op- is that we are going to enact this bill. mission to revise and extend his re- posed to being against the deep feelings We are going to show him how tough marks.) of my friends and colleagues that are we are. Mr. GOSS. Mr. Speaker, I thank my in support of the rule as well as the And what do we do in this bill? We distinguished colleague from Florida bill. say that we are going to not only tight- for yielding time to me, and I rise A couple of weeks ago the President en the trade embargo against Cuba, but today in strong support of this rule and of the United States reviewed this bill, we are going to take it out of the hands the conference report on the Helms- and he had indicated that he had seri- of the President. Who can trust the Burton Libertad bill. ous reservations about this bill inter- President? We have got to make it Today, at long last, we discuss this fering with our foreign policy, our statutory. We have got to say when it bipartisan legislation knowing that the trade policy, about it abusing our court comes to embargoes in foreign coun- President has agreed to sign it when it system, in that he said in its present tries we know best, not Presidents reaches his desk—unlike too many form he would veto it. A couple of know what is best. And what else are other important measures that have weeks ago the Helms-Burton bill was, I we going to do? We are going to say run into his veto pen. Today’s vote cul- think politically speaking, put on the that our embargo was so effective that minates a long effort to educate the ad- back burner in this body. A couple of once we tightened the screws on our so- ministration about the true nature of weeks ago all the Republican can- called friends, they will capitulate to the Castro dictatorship. I must point didates were dealing with the issues this United States pressure and join in out with some wonderment that it that they thought were important, but with us, as they did in South Africa took the brutal tragic death of inno- democracy in Cuba never got on any- and Haiti, and say this is the moral and cent American citizens to finally con- body’s agenda. What happened between the right thing to do and then collapse vince the Clinton administration that that time and this political legislative goes Castro. Fidel Castro really does not operate by rush to do this as fast as we can for de- Give me a break. This bill has noth- rules of civilized conduct and he is mocracy? What happened? ing to do with Castro. It has everything never to be trusted. The Clinton ad- Four dedicated Americans, loving de- to do with our friends and our voters in ministration, it seems, had to find this mocracy enough to risk their lives, Florida. H 1734 CONGRESSIONAL RECORD — HOUSE March 6, 1996 Do my colleagues think for 1 minute that, if they do not like our foreign denies the most basic of human lib- that the Organization of American policy, they just get themselves an air- erties to the people of Cuba. States is going to say I was outraged, plane, buddy. Just put in for a flight This legislation takes a strong stance too; please let me break every agree- plan. Just go where they want to go. against those immoral investors by de- ment that I have with Cuba? Do my And when they say the jets are coming, nying them participation in our United colleagues think that the World Trade then say, hey, forget it, I am dedicated. States markets, if they decide to invest Organization is going to say since we Let us see what is happening in Ire- in Cuba and prop up the dictator in have a murderer as a dictator, all the land. As my colleagues know, let us this way. investments we have in Cuba, we got to put out some pamphlets there. Let us Mr. Speaker, I urge my colleagues to tell them to forget it. Do my col- go to the Middle East and see whether join us today in supporting this legisla- leagues think the United Nations is or not they are really prepared to real- tion, thus helping Cubans in their going to do anything except condemn ly move the peace process. Let us struggle for freedom. This bill will hurt the United States in trying to perpet- check out Korea, North and South, and Castro, it will help the Cuban people, uate our domestic and, indeed, to Vietnam, and let us legislate it, do not and it will send a strong message to stretch the word, our foreign policy, to let the President with his flip-flop self those immoral foreign investors. Stop include them? No. The truth of the determine 1 day what is good and what helping the dictator by trafficking in matter is that we do not care what is bad. The Congress knows, and who confiscated United States property. they believe. We are doing this because knows better than the Republican ma- The Helms-Burton bill goes to the we feel good about doing it, and do my jority here about everything? heart of the means by which the Cuban colleagues know why we are doing it? So this is not a contract for America. tyrant is now financing his repression Because we got the votes to do it. And This is a contract for the world. If you of the Cuban people; namely, immoral do my colleagues know why the Presi- are for democracy, squeeze the people foreign investment. After the millions dent is doing it? Because he wants the that are hungry, stop the food and of dollars in Soviet subsidies to Castro votes to continue to be President. medicine from going, tell American ended, the Cuban dictator and his Com- I tell my colleagues this: The people businessmen not in Cuba will you in- munist thugs have tried to obtain the who want democracy in Cuba, do not vest, and at the same time support hard currency necessary to keep them- change those ways, do what feels good, trade in NAFTA, support it in GATT, selves in power. Foreigners are allowed but let some of us who want democracy support it all over the world, but do to invest in Cuba, and many do, in and freedom at least try some different not support it in Cuba. properties which are illegally stolen way to do it. I just do not believe that I suggest to my colleagues I have the from American citizens. they are doing anything except saying same outrage for murderers that they In this new slave-like economy, de- to the poor people in Cuba who are do, but I hope this country does not signed by the Castro regime, the Cuban hopeless, who are jobless, who are suf- embark on having this concrete and people are not able to participate. In- fering, who are in misery, who need firmed up as what we do as a nation stead they are pawns of the regime and food, who need medicine; do my col- and as a Congress when we are out- of the foreign investors who are at- leagues think for 1 minute that they raged. tracted to invest in Cuba because of are marching up and down the streets Mr. DIAZ-BALART. Mr. Speaker, I the low wages and the repression of Havana saying, ‘‘My God, Castro, yield 5 minutes to the gentlewoman against the Cuban worker. The foreign you made it worse for us, now the from Florida [Ms. ROS-LEHTINEN], my investors pay Castro in dollars. Castro whole world is condemning us’’? No, distinguished friend and colleague. pays the Cuban worker in devalued Castro is saying their misery and their Ms. ROS-LEHTINEN. Mr. Speaker, I Cuban pesos at a small percentage of pain is due to Americans who sin- thank the gentleman for yielding time what was given to the communist dic- gularly have an embargo against them. to me, as well as for his strong leader- tator. Is he blaming himself for the failures ship role in the passing of this legisla- Mr. Speaker, it is for those four mur- that he has had in the socialistic com- tion. dered pilots, Armando Alejandre, Mario munistic government? No. Mr. Speaker, I rise in support of the de la Pena, Pablo Morales, and Carlos So who is supposed to be responsible rule for H.R. 927. This legislation is de- Costa, as well as for the thousands and for everything that is going bad? The signed to hasten the demise of the Cas- thousands of unknown Cubans who embargo. And what do we say? Forget tro dictatorship, the last undemocratic have given their lives to bring liberty what you see, what you hear, it is regime in our hemisphere, which for to their island that we will pass this working, man; it is working, man. And over three decades has subjected the legislation today. Cuban people to untold repression and it is working so well, all we have to do b 1300 is tighten this, and then all of the Cu- misery. bans will be in such misery and pain Over the past month, we have ob- Mr. Speaker, it is not only the cor- and hunger. served the voices of those calling for a rect policy to follow, but a moral im- Do my colleagues know what they softer policy with Castro fall strangely perative to assure that the ultimate are going to do? No. What will they do? silent as the dictatorship increases its sacrifice paid by these thousands of They are going to organize and revolt. repression against the people of the is- freedom fighters will not be in vain. Oh, my God. Meaning they are going to land. Not only has the regime in- At times it seems unreal and implau- overthrow the government? Oh, yes, creased its harassment and intimida- sible that only 90 miles from the shores hungry and sick and tired, without ri- tion against the growing independent of this great democracy lies an fles, they are going to this fat, movements in journalism and in other enslaved nation ruled by a ruthless overtrained, overfed army and say, dissident sectors inside Cuba, but the Communist dictatorship, a nation ‘‘Oh, thank God, the Americans have regime’s brutal shoot down last week whose citizens are denied the most made life miserable for me, we are get- of two civilian unarmed aircraft with basic human, civil, and political rights. ting rid of you.’’ U.S. citizens aboard showed us that In my native homeland of Cuba, no one I tell my colleagues one thing: If we after three decades the Castro tyranny but the dictator has any rights at all, do reach these people, we will get rid of remains as bloody and ruthless as it an island which once had the highest them, and they will be on the rafts, and ever has been. standard of living in Latin America but they will be on the boats, and they will The Helms-Burton bill will penalize where its citizens today struggle day to be in Miami, but they will not be fight- those who have become Castro’s new day for the bare necessities needed to ing that Communist Cuban Army in patron saviors-foreign investors who survive. Havana. My colleagues can believe callously traffick in American con- Mr. Speaker, it might seem unreal that. fiscated properties in Cuba to profit that such a state could exist a few But I say this: As we bleed for the from the misery of the Cuban worker. miles from our shores, but of course, families of those heroic pilots, I see These investors care little that they unfortunately, it does. The thousands something new happening here, too. We are dealing with a tyrant who pro- of Cuban rafters who have risked their are, indeed, encouraging other people motes terrorism, drug trafficking, and lives in the Florida Straits to escape March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1735 the Castro dictatorship are a vivid re- get any time from the Democratic side The fact of the matter is he has minder of this sad reality. The thou- to speak in favor of the bill, despite the shown us what he is willing to do with sands of dissidents who have been har- fact that a third of the Democratic the third largest military in the entire assed, imprisoned, and indeed killed Caucus voted for this bill last fall. Western Hemisphere. He represses his are testament to the lack of respect for Mr. Speaker, I rise not to apologize people who ask for peaceful democratic human rights by the Castro regime. for Fidel Castro, not to coddle him, not change, and we are silent for the most Most recently, the premeditated to rationalize or justify whatever he part. Those who say they are for de- cold-blooded murder over international has done. The fact of the matter is that mocracy in Cuba, peaceful democratic waters of four pilots in a humanitarian I am really offended when I hear my change, why are they not speaking out mission, three of them American citi- colleagues refer to this issue as ‘‘This on behalf of the Concilio Cubano? zens, one a Vietnam veteran who is about voters in Florida.’’ To say that What is the response to four U.S. served two tours of duty, has awakened is to say that seeking peace in Ireland citizens flying in international air- the world that in Cuba, the rule of or giving a visa to Gerry Adams is space, unquestioned by our Govern- death and fear prevailed over the rule about Irish voters, or that our collec- ment through all of their intelligence of democratic law and order. tive outrage against the barbaric acts that they were in international air- Mr. Speaker, the legislation we are that have taken place in Israel is about space? This is the response, Mr. Speak- now considering will go a long way to- Jewish voters, or, for that matter, to er. Let me read the transcript that ward helping the Cuban people reestab- say that our movements to end apart- Madeleine Albright presented to the lish the rule of democracy and law for heid in South Africa, to bring democ- United Nations: ‘‘Cuban fighters, a which they have battled for 37 years to racy to Haiti, and our efforts to give small white and blue Cessna that they achieve. I thank the gentleman once relief in Somalia were about African- were tracking, and their excitement again for his strong leadership role in American voters. It is an insult to this was clearly palpable * * * ‘The target making this legislation possible as well community. is in sight, the target is in sight,’ the as many of our colleagues on the This is about democracy. It is about small aircraft, the MiG pilot radioed Democratic side of the aisle. promoting human rights. It is not back to his ground controller. ‘It is fly- Mr. DIAZ-BALART. Mr. Speaker, I about votes of some group in some ing at a low altitude. Give me instruc- yield 1 minute to the gentleman from State or States. That is why we had a tions,’ said the pilot. The answer was Ohio [Mr. CHABOT], a distinguished new strong bipartisan vote. That is why ‘Fire. Authorized to destroy;’ ’’ not to Member of the House. yesterday in the Senate, 74 Senators warn, not to try to seek under inter- (Mr. CHABOT asked and was given joined in favor of creating democracy national law to move them, but, even permission to revise and extend his re- in Cuba. That is why 294 Members of though they were not in Cuban air- marks.) this House last fall voted for it, with a space, no, to destroy. Mr. CHABOT. Mr. Speaker, I rise in third of the Democratic Caucus joining Thirty-three seconds later, the re- strong support of the conference report an overwhelming number of the Repub- sponse from the MiG 29 pilot was ‘‘We and the rule, and I commend the lead- lican Party because they understand took out his * * *’’ and I will not add ership shown by the chairman of the the realities. the expletive. ‘‘That one won’t mess committee, the gentleman from New Mr. Speaker, let me say that in fact around with us anymore.’’ Two and York [Mr. GILMAN], the chairman of when we hear about creating peaceful one-half minutes later another pilot the subcommittee, the gentleman from change, we are all for peaceful change. sighting the second Cessna said, ‘‘Give Indiana [Mr. BURTON], the gentleman That is our goal. But what has Castro’s me the authority.’’ He was responded, from Florida [Mr. DIAZ-BALART], the response been to peaceful efforts within ‘‘You are authorized to destroy it,’’ and gentlewoman from Florida [Ms. ROS- Cuba, like those of the Concilio it was destroyed. ‘‘Fatherland or death, LEHTINEN], and the gentleman from Cubano, a group of 120 organizations the other is down also.’’ These are the New Jersey [Mr. MENENDEZ]. who promote peaceful democratic transcripts that our U.S. Ambassador I also want to applaud President change in Cuba? Our Members go there to the United Nations presented to the Clinton for finally having voiced sup- and visit Cuba. They have a cigar with world. port for the Cuban Liberty and Domes- Fidel. They enjoy some time there. Mr. Speaker, the fact of the matter is tic Solidarity Act. It is unfortunate And as soon as they leave, these people this bill is bipartisan. It has the sup- that it took the cold-blooded murder of get arrested. port of the President. President Clin- unarmed American citizens to awaken What happened in the week preceding ton sent a letter to the Speaker of this the President to the harsh reality of the killing of the four American citi- House saying that he supports the bill, the morally reprehensible Castro re- zens? What happened? These people and urges all Members to vote on be- gime. who seek peaceful democratic change half of it. Fidel Castro is a thug, an inter- by Cubans in Cuba, not about some by- Mr. DIAZ-BALART. Mr. Speaker, I national outlaw. His 37-year reign has gone era that people like to allude to, yield myself such time as I may been noteworthy for its brutality and the response to their request which consume. its unrelenting resistance to individual they made to the regime for a national Just in the last century, Mr. Speak- liberty and freedom. The misery that meeting, what we enjoy here in the er, after the Cuban people were fight- has been suffered by the Cuban people United States, to simply sit down and ing almost 100 years for their freedom at the hands of Fidel Castro is one of say, ‘‘How do we move towards demo- from Spanish colonialism, it was the the world’s great tragedies. This legis- cratic change within Cuba,’’ what was United States that stood by their side lation will tighten the existing United the response? One hundred of them and helped them achieve freedom and States embargo against Cuba, and it were arrested and imprisoned. Dozens independence. History has a way of re- protects the rights of United States of others are under house arrest. peating itself. Now it is the American citizens and businesses whose property Women were strip-searched so they people through their Government, and has been confiscated unlawfully by the would be intimidated from participat- today speaking through their Congress Castro regime. It is a good bill and it is ing in the organization. That is the an- and the President, standing with the long overdue. I urge passage. swer to peaceful democratic change in Cuban people against the worst oppres- Mr. DIAZ-BALART. Mr. Speaker, I Cuba. sor in the history of this hemisphere. yield 5 minutes to my good friend, the For those who believe in some ro- So we think of the hundreds of politi- gentleman from New Jersey [Mr. manticism, that when the people go cal prisoners now imprisoned, the thou- MENENDEZ]. and say, Please, we want to move to- sands who have been killed, including Mr. MENENDEZ. Mr. Speaker, I wards democracy, Fidel is going to act the American citizens just a few days thank the distinguished gentleman the right way, they have seen it. For ago. We dedicate this legislation to from Florida for yielding time to me. those who keep saying that this is them. It is going to be a great sign of Mr. Speaker, I am happy that I got after the cold war, I agree, it is after solidarity with the Cuban people. I some time from the Republican side, the cold war, but nobody told Mr. Cas- would ask my colleagues to support the since I have been told today we cannot tro. rule and support the conference report. H 1736 CONGRESSIONAL RECORD — HOUSE March 6, 1996 The SPEAKER pro tempore. Without McHugh Portman Stearns A motion to reconsider was laid on McInnis Poshard Stenholm objection, the previous question is or- McIntosh Pryce Stockman the table. dered, on the resolution. McKeon Quinn Stump Mr. GILMAN. Mr. Speaker, pursuant There was no objection. McNulty Radanovich Stupak to House Resolution 370, I call up the The SPEAKER pro tempore. The Meehan Rahall Talent conference report on the bill (H.r. 927) Meek Ramstad Tanner question is on the resolution. Menendez Reed Tate to seek international sanctions against The question was taken; and the Metcalf Regula Tauzin the Castro government in Cuba, to plan Speaker pro tempore announced that Meyers Richardson Taylor (MS) for support of a transition government Mica Riggs Taylor (NC) leading to a democratically elected the ayes appeared to have it. Miller (FL) Rivers Tejeda Mr. DIAZ-BALART. Mr. Speaker, I Minge Roberts Thomas government in Cuba, and for other pur- object to the vote on the ground that a Moakley Roemer Thompson poses. quorum is not present and make the Molinari Rogers Thornberry The Clerk read the title of the bill. Mollohan Rohrabacher Thornton point of order that a quorum is not Montgomery Ros-Lehtinen Thurman The SPEAKER pro tempore (Mr. present. Moorhead Rose Tiahrt EWING). Pursuant to House Resolution The Sergeant at Arms will notify ab- Morella Roth Torkildsen 370, the conference report is considered Murtha Roukema Torricelli as having been read. sent Members. Myers Royce Traficant The vote was taken by electronic de- Myrick Salmon Upton (For conference report and state- vice, and there were—yeas 347, nays 67, Neal Sanford Volkmer ment, see proceedings of the House of not voting 17, as follows: Nethercutt Sawyer Vucanovich Monday, March 4, 1996, page H1645.) Neumann Saxton Walker [Roll No. 46] Ney Scarborough Walsh The SPEAKER pro tempore. The gen- YEAS—347 Norwood Schaefer Wamp tleman from New York [Mr. GILMAN] Nussle Schiff Ward will be recognized for 30 minutes, and Ackerman Cubin Hastings (WA) Ortiz Seastrand Watts (OK) the gentleman from Indiana, [Mr. HAM- Allard Cunningham Hayworth Orton Sensenbrenner Weldon (FL) Andrews Danner Hefley Oxley Shadegg Weldon (PA) ILTON] will be recognized for 30 min- Armey Davis Hefner Packard Shaw Weller utes. Bachus de la Garza Heineman Pallone Shays White The Chair recognizes the gentleman Baesler Deal Herger Parker Shuster Whitfield from New York [Mr. GILMAN]. Baker (CA) DeLay Hilleary Pastor Skeen Wicker Baker (LA) Deutsch Hobson Paxon Skelton Williams Mr. GILMAN. Mr. Speaker, I yield Baldacci Diaz-Balart Hoekstra Payne (VA) Slaughter Wilson myself such time as I may consume. Ballenger Dickey Hoke Peterson (FL) Smith (MI) Wise (Mr. GILMAN asked and was given Barcia Dicks Holden Peterson (MN) Smith (NJ) Wolf Barr Dingell Horn Petri Smith (TX) Wynn permission to revise and extend his re- Barrett (NE) Dixon Hostettler Pickett Smith (WA) Young (AK) marks.) Barrett (WI) Doggett Houghton Pombo Solomon Young (FL) Mr. SKELTON. Mr. Speaker, will the Bartlett Dooley Hoyer Pomeroy Souder Zeliff gentleman yield? Barton Doolittle Hutchinson Porter Spratt Zimmer Bass Dornan Hyde Mr. GILMAN. I yield to the gen- Bateman Doyle Inglis NAYS—67 tleman from Missouri. Beilenson Dreier Istook Abercrombie Hinchey Roybal-Allard (Mr. SKELTON asked and was given Bentsen Duncan Jackson-Lee Becerra Jackson (IL) Rush permission to revise and extend his re- Bereuter Dunn (TX) Berman Johnston Sabo Bevill Edwards Jacobs Bonior Lewis (GA) Sanders marks.) Bilbray Ehlers Jefferson Boucher Lincoln Schroeder Mr. SKELTON. Mr. Speaker, I wish Bilirakis Ehrlich Johnson (CT) Clay Lofgren Schumer to associate myself with the position of Bishop Emerson Johnson (SD) Collins (IL) Lowey Scott Bliley Engel Johnson, E. B. Conyers Maloney Serrano the gentleman from New York in rela- Blute English Johnson, Sam DeFazio Markey Skaggs tion to this measure. Boehlert Ensign Jones DeLauro McDermott Stark Mr. Speaker, I strongly support this meas- Boehner Eshoo Kanjorski Dellums McHale Studds ure, and I compliment the committee and the Bonilla Everett Kaptur Evans McKinney Torres Bono Ewing Kasich Fattah Miller (CA) Towns sponsors on bringing it to this Chamber for a Borski Farr Kelly Flake Mink Velazquez vote. Brewster Fawell Kennedy (MA) Foglietta Moran Vento We all know what Castro has brought to the Browder Fazio Kennedy (RI) Frank (MA) Nadler Visclosky Brown (CA) Fields (LA) Kennelly Furse Oberstar Waters land of Cuba. This measure send a firm mes- Brown (FL) Fields (TX) Kildee Gejdenson Obey Watt (NC) sage that we, in this body, stand for freedom Brown (OH) Filner Kim Gibbons Olver Waxman and democracy in Cuba. There are so many Brownback Flanagan King Gonzalez Owens Woolsey violations of human rights and rules of de- Bryant (TN) Foley Kingston Hall (OH) Payne (NJ) Yates Bunn Forbes Kleczka Harman Pelosi cency inflicted on the Cuban people by Cas- Bunning Ford Klink Hilliard Rangel tro. Further, we abhor the tragedy he caused Burr Fowler Klug Burton Fox Knollenberg NOT VOTING—17 regarding the American airplanes just a few days ago. Buyer Franks (CT) Kolbe Archer Durbin Quillen Callahan Franks (NJ) LaHood Bryant (TX) Frelinghuysen Sisisky Let us Americans stand together, let us vote Calvert Frisa Lantos Chapman Hayes Spence for this bill and send an unequivocal message Camp Frost Largent Christensen Hunter Stokes that we stand for democracy and freedom for Campbell Funderburk Latham Collins (MI) LaFalce Waldholtz Canady Gallegly LaTourette Crane McCarthy the Cuban people. Cardin Ganske Laughlin Mr. GILMAN. Mr. Speaker, I urge my Castle Gekas Lazio b 1334 colleagues to join me in supporting the Chabot Gephardt Leach Chambliss Geren Levin The Clerk announced the following conference report Cuban Liberty and Chenoweth Gilchrest Lewis (CA) pair: Democratic Solidarity [LIBERTAD] Chrysler Gillmor Lewis (KY) On this vote: Act of 1996. Clayton Gilman Lightfoot Clement Goodlatte Linder Ms. McCarthy for, with Mrs. Collins of Illi- This legislation advocates a respon- Clinger Goodling Lipinski nois against. sible course to encourage and support Clyburn Gordon Livingston Mr. FLAKE, Mr. SCHUMER, and Mrs. genuine, fundamental reforms in Cuba. Coble Goss LoBiondo And, in the interim, it helps protect Coburn Graham Longley MALONEY changed their vote from Coleman Green Lucas ‘‘yea’’ to ‘‘nay.’’ the property of U.S. citizens until they Collins (GA) Greenwood Luther Mrs. CLAYTON, Ms. EDDIE BER- can reclaim it under a democratic gov- Combest Gunderson Manton NICE JOHNSON of Texas, Mr. ernment. Condit Gutierrez Manzullo Cooley Gutknecht Martinez CLYBURN, and Mr. FIELDS of Louisi- Mr. BURTON has worked with a strong Costello Hall (TX) Martini ana changed their vote from ‘‘nay’’ to bipartisan coalition. With the help of Cox Hamilton Mascara ‘‘yea.’’ Ms. ROS-LEHTINEN, Mr. DIAZ-BALART, Coyne Hancock Matsui So the resolution was agreed to. Mr. MENENDEZ, and Mr. TORRICELLI, he Cramer Hansen McCollum Crapo Hastert McCrery The result of the vote was announced has fashioned a sound piece of legisla- Cremeans Hastings (FL) McDade as above recorded. tion. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1737 Recently, President Clinton ex- unanimously adopted a Presidential State- Mr. CAMPBELL. Mr. Speaker, we pressed his full support for this bill, ment strongly deploring Cuba’s actions. We must have an effective policy to re- which he has described as ‘‘a strong, bi- will seek further condemnation by the inter- spond to what Fidel Castro did to four partisan response that tightens the national community in the days and weeks American citizens—killing them in ahead. In addition, the United States is tak- economic embargo against the Cuban ing a number of unilateral measures to ob- international airspace—in contraven- regime and permits us to continue to tain justice from the Cuban government, as tion of international law. That is the promote democratic change in Cuba.’’ well as its agreement to abide by inter- first and most important point I have Mr. Speaker, allow me to address sev- national law in the future. to share with my colleagues today. eral of the concerns raised by the few As part of these measures, I asked my Ad- In order to have an effective policy, remaining critics of this legislation. ministration to work vigorously with the we must have the support of our allies, First, the only companies that will Congress to set aside our remaining dif- and my objection to this bill is because run afoul of this new law are those that ferences and reach rapid agreement on the I am convinced it will alienate, instead Cuban Liberty and Democratic Solidarity are knowingly and intentionally traf- (LIBERTAD) Act. Last week, we achieved of bring together, our allies. It will di- ficking in the stolen property of U.S. that objective. The conference report is a vide, instead of uniting them, and the citizens. strong, bipartisan response that tightens the reason it will do that is because this International law and comity were economic embargo against the Cuban regime bill—in a manner unprecedented in not conceived to protect the corporate and permits us to continue to promote demo- American law—extends the scavengers who are profiting at the ex- cratic change in Cuba. extraterritorial reach of the United pense of the Cuban people, pilfering the I urge the Congress to pass the LIBERTAD States’s jurisdiction. bill in order to send Cuba a powerful message purloined assets of American citizens, that the United States will not tolerate fur- As we go around the world, and I and propping up a bandit regime. ther loss of American life. trust that all of my colleagues would To the extent that this act holds us Sincerely, agree with this, there are very few all to higher standards and defends uni- BILL CLINTON. countries where people say, ‘‘You know versally recognized property rights, we admire the American civil justice international law and the rules of the U.S. HOUSE OF REPRESENTATIVES, system. We would like to have class ac- corporate game are improved for the COMMITTEE ON WAYS AND MEANS, tions, plaintiffs’ attorneys’ fees, we better. Washington, DC, March 5, 1996. would like to have all of that system in Second, this act does much more Hon. NEWT GINGRICH, The Speaker, The Capitol, Washington, DC. place for our country.’’ And the reason than stiffen sanctions. It outlines a DEAR MR. SPEAKER: I am writing to you re- is that we have a rather extensive and reasonable course for normalizing rela- garding Section 102 of the Conference Report what most foreign countries consider tions with a democratic Cuba. And, it on H.R. 927, the Cuban Liberty and Demo- onerous rules in our civil justice sys- offers the Cuban people an early help- cratic Solidarity Act of 1996, in which the tem. ing hand in making a peaceful transi- Committee on Ways and Means has a juris- What this bill does is to extend for tion. dictional interest. the first time the right for a private When inevitable change comes to, I Specifically, Section 102 codifies existing citizen, not the Government of the Executive Orders and regulations on the am convinced that no country in the Cuban embargo. This provision falls within United States, but a private citizen to world will do more than ours to help this Committee’s jurisdiction over trade bring the full crushing weight of the the Cuban people—and they will know laws affecting imports and revenues. This American civil justice system, with that we never sold them out. provision was not included in the version of discovery, with delays, with attorneys’ Third, this legislation authorizes im- H.R. 927 that was passed by the House on fees to bear upon a private party of an- mediate United States support for September 21, 1995, but rather was added in other country. Cuban prodemocracy groups and for conference. Now, normally, other country’s citi- the immediate deployment of inter- In order to expedite the consideration of the conference report, I will not object to the zens and corporations follow the rule of national human rights observers and inclusion of Section 102. However, this is international law, which is very impor- election-monitors in Cuba. being done with the understanding that the tant for international commerce. And We simply ask our neighbors in this Committee will be treated without prejudice if you know the law of your own coun- hemisphere to hold Fidel Castro to the as to its jurisdictional prerogatives on such try and you know the law of the coun- same standards that they hold them- or similar provisions in the future, and it try where the investment is located, selves. should not be considered as precedent for you are all right. You will abide by My friends, the day unfettered consideration of matters of jurisdictional in- your own country’s law. You will abide human rights monitors are allowed to terest to the Committee on Ways and Means in the future. by the law of the country where your inspect Castro’s prisons will be one of Thank you for your consideration of this investment is. Castro’s last. matter. With warm personal regards, But in this bill today, a person who Let us not pass up this historic op- Sincerely, in good faith accepted title to property portunity to bring about a peaceful BILL ARCHER, under the laws of the nation where that change in Cuba. I urge my colleagues Chairman. property was located will have to to support this conference report on Mr. GILMAN. Mr. Speaker, I ask check not only the laws of that coun- H.R. 927. unanimous consent to yield the bal- try, his or her own laws, but the laws Mr. Speaker, I am including at this ance of my time to the gentleman from of the United States as well. And I note point in the RECORD the March 5, 1996, Indiana [Mr. BURTON], our able chair- particularly to my colleagues on the letter from President Clinton and the man of the Subcommittee on the West- majority that we do today what we March 5, 1996, letter from the distin- ern Hemisphere, and the principal generally abhor: We create a statutory guished chairman of the Committee on House sponsor of this measure, and right for a new legal action, and we Ways and Means, the gentleman from that he be permitted to manage the give attorneys’ fees only to the prevail- Texas [Mr. ARCHER], regarding this balance of the debate on this side. ing plaintiff. We do not give attorneys’ conference report. The SPEAKER pro tempore. Is there fees to the other side. And many of us, THE WHITE HOUSE, objection to the request of the gen- I am sure, have spoken about the bur- Washington, DC, March 5, 1996. tleman from New York? den of one-sided fee shifting, the abil- Hon. NEWT GINGRICH, There was no objection. ity to haul somebody into court, put Speaker of the House of Representatives, Wash- Mr. GILMAN. Mr. Speaker, I reserve them to a huge expense, and then say, ington, DC. the balance of my time. ‘‘If I am wrong, I am sorry. You are DEAR MR. SPEAKER: The Cuban regime’s Mr. HAMILTON. Mr. Speaker, I yield still stuck with your legal fees.’’ That decision on February 24 to shoot down two 5 minutes to the distinguished gen- U.S. civilian planes, causing the deaths of is in this bill, one-sided plaintiff-only tleman from California [Mr. CAMP- three American citizens and one U.S. resi- litigation, attorneys’ fees. BELL]. dent, demanded a firm, immediate response. b 1345 Beginning on Sunday, February 25, I or- (Mr. CAMPBELL asked and was dered a series of steps. As a result of U.S. ef- given permission to revise and extend Now, the problem is that this comes forts, the United Nations Security Council his remarks.) at a time when we need Canada, we H 1738 CONGRESSIONAL RECORD — HOUSE March 6, 1996 need Australia, we need Western Eu- when we say we will protect the prop- Now, in the first place, the bill limits rope. The only time sanctions have erty of American citizens that was sto- legal recourse in American courts to worked, economic effective sanctions len by a dictatorship, we are protecting people who had property in Cuba dur- have worked, is when we are joined by the rights of American citizens’ prop- ing the Batista dictatorship that was our allies. For over 30 years we have erty, and not the rights of other citi- valued over $50,000 in 1960. There were attempted to isolate Cuba, and our ef- zens from other countries. So this is not many Cubans who had property forts at economic sanctions have failed not an extraterritorial piece of legisla- worth more than $50,000 back in 1960 because they have been only ours and tion. before the revolution. You had to be a not engaged our allies. In title III of Now, the essence of what we are try- member of the Batista regime and in this bill, what we do is guarantee we ing to do is to shatter the arguments of good standing to do so. But what this will not have the support of our allies the opponents of this legislation, that does is to enable people who owned in any action that we intend to bring despite the fact that they supported large property to be able to settle out pressure upon the Castro regime. embargoes against South Africa and of court to get a large share, or at least What is most critical here is to unite Haiti, they now say that we should a significant share, of the profits of and to present to the Cuban Govern- have a policy of helping the regime these rum companies and tobacco firms ment, the Castro regime, a Europe, through trade and through investment currently operating in Cuba. They North America, a Latin America, and in Cuba. It is a double standard that know they are not going to shut down an Asia that say that we will no longer has been rejected by this Congress be- these plants. They don’t necessarily trade in your goods. Instead, what we fore and that is going to be rejected want to shut them down. They want to have is a direct affront to rules of again. It has been rejected by the ad- own them. They know it is cheaper for international law on jurisdiction. ministration as well. these Cuban operations to make an I repeat, there is no precedent for ex- The statement that is going to go out out-of-court settlement to comply with tending American law to investments today, a bipartisan statement, is that this new bill. In fact this bill specifi- made in another country pursuant to with regard to Cuba, just as in the 19th cally states that ‘‘a lawsuit may be laws of that country. Indeed, in 1964, century, the American people are brought and settled without the neces- the Supreme Court of the United standing with the Cuban people against sity of obtaining any license or permis- States ruled in Banco Nacional de Cuba oppression, and are not going to stand sion from any agency of the United versus Sabbatino that American courts with the oppressors of the Cuban peo- States.’’ could not inquire into the legality of ple. Those people will be free. They will That is what this is all about. What the expropriation acts of the Cuban remember who their friends were, and we are going to be doing is propping up Government when done in Cuba. they will remember who stood ignoring many of the people who created the en- Lastly, what we embark upon today them and using double standards in vironment which caused Castro to be has the most serious ramifications for this Congress, like our opponents time able to bring forth the revolution and our hope to infuse investment in East- and time again, despite even murders has enabled him to sustain that revolu- ern Europe. Think about it for a mo- of American citizens in international tion. ment. If today’s law becomes law, if waters continue. That is not what we want. We want title III stays in this law, then anyone I think it is shameful that people, to enact legislation that will help the who invests in Poland, the Czech Re- even after the murder of American citi- real people of Cuba, the butchers and public, or Slovakia, regimes that were zens, still find excuses for Castro, still the bakers and the candlestick makers formerly Communist, will have to find pretenses for Castro, and get up and all the laborers and farmers. The worry that at some point the United here and find excuse after excuse after people who were brutally exploited by States will call into question those in- excuse. the Batista regime. Those are the peo- vestments, because under the exact There is no more excuse for murder, ple we ought to help, and those people same pattern as this law, we extend that is no more excuse for that tyr- are excluded from this legislation. extraterritorially a right of action anny. It is time that the American peo- This legislation prevents the United against someone who traffics or profits ple show their unity, as they are going States President from effectively help- in property located in another regime, to today in this Congress. ing in a transition to democracy and even if it was legal at the time. Mr. MORAN. Mr. Speaker, I yield shuts out America’s values and its peo- I conclude with a plea: We must unite myself 2 minutes. ple from exposure to the Cuban people in opposition all countries that respect Mr. Speaker, from a political stand- and their thirst for the same principles civilized behavior. What happened over point, this makes compelling sense, but and values. the Strait of Florida was not civilized from a substantive foreign policy This is not good foreign policy. It behavior. This bill divides. It does not standpoint, it is nonsense. ought to be defeated on its merits. unite. I urge a no on this bill. Mr. Speaker, this is not the way we Mr. BURTON of Indiana. Mr. Speak- Mr. BURTON of Indiana. Mr. Speak- won the cold war. This is not the way er, I yield myself 15 seconds. er, I yield 2 minutes to the gentleman we tore down the Iron Curtain. We are Mr. Speaker, just to respond to my from Florida, Mr. LINCOLN DIAZ- going to be punishing the Cuban peo- colleague, I would say that the oppo- BALART, my distinguished colleague ple, when what we really want to do is nents of this bill asked for the $50,000 and great helper and supporter of this punish an antiquated despot. threshold. We granted it to you and to bill. But there are worse things about this the administration so we could keep a Mr. DIAZ-BALART. Mr. Speaker, it that need to be brought to light. In the flood of litigation from going into the is really a shame my erudite and Baltimore Sun last May, it was re- courts. So we did what you asked. Then learned legal scholar colleague, the ported that this bill was largely writ- you go to the well and say we are doing gentleman from California [Mr. CAMP- ten by Nick Gutierrez, who represents the wrong thing. We just tried to ac- BELL], is so incorrect in his interpreta- the sugar mill owners and the tobacco commodate you. tion of this legislation. First of all, and industry, and Mr. Ignacio Sanchez, who Mr. Speaker, I yield 2 minutes to the I heard him before the Committee on represents the Barcardi Rum Co. Their gentlewoman from Florida [Ms. ROS- Rules yesterday where he pointed out competitors operate in Cuba, specifi- LEHTINEN]. that there was unfair treatment of cally the British American Tobacco Co. Ms. ROS–LEHTINEN. Mr. Speaker, I some of the parties, I want to point out [BAT] and Perrot Ricard rum distill- thank the gentleman for yielding me that on page 35 in title III, the provi- ery. time and I thank him for all the help sions of title 28 of the United States What is going to happen here is we he has given to this cause for freedom Code and the Rules of Courts, they are not going to shut down these indus- for the Cuban people. apply under this section to the same tries. What is going to happen is these Mr. Speaker, as the previous speak- extent as those provisions with regard Cuban-American lawyers are going to ers have pointed out, those same allies to any other action. make settlements out of court so they who stood with us against undemo- The point I am trying to make is this can get equity participation in these cratic regimes in Haiti and South Afri- is not an extraterritorial law, and competitor firms. ca and Iraq and many other places have March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1739 decided to turn their backs on Cuba, destiny, and it has not worked for business, all you have done is taken preferring to gain a quick and easy dol- those who wanted to get the Cuban the leader of that country and wrapped lar from the repression against the peo- Government to throw out Fidel Castro him up in the Cuban flag once again as ple on the island. and hang him by his toenails. a nationalist hero. Why? Because you Thankfully, America, a land which Except that this time, Mr. Speaker, are pounding on that little island once has given a second chance to many peo- as has been stated on this floor, it goes again. ple like myself who escaped Com- further. It goes deeper. Now we are So where is the victory? There is no munist tyranny, will once again live up telling our allies that we have no re- victory. I stand here today more than to its reputation as the defender of spect for their own sovereignty. Not ever saying we are wrong. Instead of freedom and human rights in the only do we not have any respect for the doing this, what we should do is tomor- world. Cuban sovereignty, but now we are row begin to find a way to speak to the Mr. Speaker, this legislation going to tell Canada, Mexico, and ev- Cuban Government. And if not on all reasserts our commitment to the eryone else that they must behave the issues, then why not be fair? Cuban people that this Nation will not way we behave. b 1400 engage the Castro dictatorship eco- When the embargo was the simple nomically or politically. It recognizes embargo, as some people would like to When there was an immigration that such an unlawful regime deserves think it is, no one in the world sup- problem we spoke about immigration. our rejection, and it further empha- ported us. Now that it will try to in- Let us talk about air space now. Let us sizes our support for the Cuban people clude even our allies, we think that find out who is telling the truth. It by outlining a framework to assist a Canada and everyone will jump up and might save us from future tragedies. free and democratic transitional gov- say this is a great bill, and HELMS and Mr. BURTON of Indiana. Mr. Speak- ernment in my native homeland. BURTON were correct; they can save the er, I yield 1 minute to my distinguished Mr. Speaker, the Committee on world for democracy. colleague, the gentleman from Califor- International Relations recently had Well, our arrogance is such that we nia [Mr. DORNAN]. the opportunity to listen to some of do not care what some of our allies say, Mr. DORNAN. Mr. Speaker, this de- the relatives of the four murdered pi- especially those that used to be our en- bate would be interesting, and the gen- lots, innocent civilians who were bru- emies a few years ago. But it is inter- tleman who just spoke his remarks tally attacked and murdered by the esting to note that the Yeltsin govern- would have resonance if we were not Castro regime. They strongly support ment this morning, or last night, said dealing with a first degree murderer. In even tougher sanctions against the ty- you cannot do this, and we will con- 1974, at a seminar in Virginia, a former rant. This legislation will help reduce tinue to deal with Cuba regardless of ambassador, now long gone to heaven, the immoral investments by sending a what you say, because this is wrong. told me that Castro personally exe- clear message to these foreign inves- The part that no one wants to men- cuted in the parking lot of a movie the- tors: If you traffic in confiscated Amer- tion here, because it is very delicate, is ater with gunshots, himself pulling the ican property in Cuba, you will not be the fact that we are not reacting here trigger, the young man who had beaten able to do business as usual in the to the issue in general. We are reacting him for student union president in the United States. to the downing of two airplanes. And I late forties. I could not believe my Simply stated, those investors who have stood on this floor on various oc- ears. I checked it out with the State wish to invest in Cuba have to make a casions and said that that was an act Department, Library of Congress. It choice between becoming accomplices that we should all condemn. But our appears to be a fact. Again, he has to Castro’s dictatorship or participat- Government knew those planes were killed people in cold blooded murder. ing in the United States market. It is flying over on 25 different occasions, I am just back from Bosnia. I do not unfortunate that many of our allies and we did nothing. And our Govern- care what the Europeans do. They trad- have opposed this legislation, but to ment knew that the person who was ed with Haiphong while we were dying them I ask: How many more have to be heading that group flew without a li- for freedom in all of Southeast Asia. I harrassed, arrested or killed before you cense on a couple of occasions, includ- do not care what anybody does. Our stop helping the Cuban tyrant? Again, ing this last one, where they had to country has to do what is right, and to our allies: How many more have to turn back. Castro is a first degree murderer. If we give their lives to free their homeland We had removed that person’s license want to hand him a baseball bat like before you desist in engaging in com- because we confirmed that that group Dan Rather of CBS and an elite party merce and financing Castro’s com- flew over Cuba last July, buzzed the in Manhattan, then you are an acces- munist dictatorship? To our allies, join Capitol building, and dropped half a sory in encouraging this first degree with us in helping to establish freedom million leaflets. That is why we are murderer. He has ordered people beaten and democracy to the enslaved and op- here today. We are not here today and to death with baseball bats. pressed people of Cuba. the President is not on board because What an absurd debate. Mr. MORAN. Mr. Speaker, I yield 4 our desire to bring down the Castro Mr. MORAN. Mr. Speaker, I yield 4 minutes to the gentleman from New government has changed. We are here minutes to the gentleman from New York [Mr. SERRANO]. today because the Florida primaries York [Mr. RANGEL]. (Mr. SERRANO asked and was given are coming soon, and because people (Mr. RANGEL asked and was given permission to revise and extend his re- have to play up to that whole situa- permission to revise and extend his re- marks.) tion. marks.) Mr. SERRANO. Mr. Speaker, it is That is sad, Mr. Speaker. For these Mr. RANGEL. Mr. Speaker, I hate to very troubling when you come to the kinds of comments people like me take say this is a political piece of legisla- well and speak and have the full real- a lot of heat. But it has to be said, be- tion for fear of offending my friends, so ization that nothing you say will fi- cause the truth shall set everybody please look into the Federal Election nally sway the vote. This bill will pass free, and maybe we need to be free as Commission, and ignore all of these and the President will sign it, because much as other people in the Caribbean campaign contributions that are pour- the President has been advised that need to be free. ing in here to Members that have Miami has votes that he can pick up. I Tonight we will stand up and say we taken the position that now is the time will support him in New York, and he are tough. We will continue to deal to get the murderer through locking up has a lot of votes in New York. But he with China, but we are tough on Cuba. the people in Cuba. For those people has no votes in Miami, and that is the We will deal with Vietnam, but we will that are offended because someone sug- travesty of this situation. be tough on Cuba. We are going to gests that it might be political, let me What we have here is more of the meet with North Korea, but we are make it clear. The fact that the only same. It is more of a policy that has tough on Cuba. Democratic opponent I had in a pri- not worked. It has not worked for those If you really wanted to make a mary in the last 25 years, that 85 per- of us who feel that the Cubans should change in the Cuban Government from cent of his campaign funds came out of be left alone to determine their own afar, which I think it is none of our Miami, hey, that is not political, and I H 1740 CONGRESSIONAL RECORD — HOUSE March 6, 1996 challenge people who would even think After the Democratic victories in No- (Mr. GIBBONS asked and was given that. vember, come, can we not talk to- permission to revise and extend his re- But let us get down to the merits. We gether? marks.) are outraged at murder. The Speaker is Mr. BURTON of Indiana. Mr. Speak- Mr. GIBBONS. Mr. Speaker, I reluc- gone; he was here. What do we do about er, I yield 2 minutes to the gentleman tantly get up here and oppose most of it? Hold the people of Cuba American from New Jersey [Mr. TORRICELLI], my my Florida colleagues and people who I hostage and tell them that they have colleague who has done so much work think mean to be right but, unfortu- to fly over Cuba and put pamphlets in this area. nately, their solution is wrong. Let me down there in order to get Americans’ Mr. TORRICELLI. Mr. Speaker, I put it in some perspective. attention? Cut off food, cut off trade, want to thank my colleague, the gen- If my colleagues had come here 34 cut off relationships with the people in tleman from Indiana, Chairman BUR- years ago, as I was privileged to do, Cuba because we do not like the bum TON, for yielding me time on what and listened on this floor and in this that is running it? Are we in love with should be the proudest day of his con- well, my colleagues would have heard whoever runs China? As my colleagues gressional career. The gentleman has the same speeches made then as we do know, what are we going to do there; done great service to the United States now. Every day more than half of the 1- put an embargo on China, on North and to the people of Cuba by bringing minute speeches were devoted to Vietnam or North Korea? No. There are this legislation forward, and he has my trashing Castro and the Cuban Govern- no votes in the United States for those congratulations. ment, and in that same session of Con- people. My colleagues know it and I I never thought, however, Mr. Speak- gress we passed every looney law that know it. er, that I would hear a day when Mem- one can think of, and most of them are They sure got my President’s atten- bers of Congress would come to the still on the books. In fact, they are all tion; let us see what we can do now floor while the bodies of four Ameri- still on the books. with these Republican candidates. Let cans are still lost in the Straits of I tried to isolate Cuba and tried to us get it on their agenda, and let me Florida, having been murdered by Fidel bring down Castro through American congratulate the authors of this his- Castro, talking about consideration for law. I made those speeches, I voted for toric piece of legislation. I thought it Canadian investors, worrying about those laws, I have come to the conclu- was born dead. But the courage of four European corporations while there are sion that they were a mistake. Americans out of Miami has not only still hundreds of American corpora- What has happened is that we have given it new life, it has shattered rea- tions whose property was stolen from empowered Castro to make a villain son and common sense as relates to them and is being resold; consideration out of the United States, and by trade and foreign policy. for the Canadian investors, worrying villainizing us he has been able to ac- Let me say this. This is a done deal. about the Spanish companies, quire the political clout that he needs We cannot do anything about it. But do extraterritoriality. to keep the kind of control he has had me a favor. Tell our brave Cuban Amer- People are going to American courts in Cuba. We would have been far wiser icans in Miami do not risk any more under this bill, I would say to the gen- and much more successful had we not lives, mission accomplished, they were tleman from California [Mr. Campbell], isolated Cuba and the Cuban people, brave enough to take the gamble, they because the Cuban courts are unavail- and we continued to work with them, won, they won, the bill is here, no one able. If they could get their grievances to listen to them, to trade with them, challenges it, the President. Every- redressed in Cuban courts for the last and to have commerce with then. The thing that was bad about this bill, four 30 years, they would have gone there. tourism that we enjoyed with each murderers now have corrected it. Wow, They would have gone there. They can- other, the fruits and vegetables that is that a legislative history. not. So we are opening ours up. came from the island, all of those But if people are breaking our laws, Consideration for our European al- things; we would have been better off, breaking international law, flying over lies? If this were an island in the Medi- and the Cubans would have been better a country, and we would know it, and terranean, 35 years later, hundreds of off, and Castro would have long been we condone it, and we do not stop them people in jail, planes being shot down gone from power had we done that. from saving their own lives, that is off our coast, do my colleagues think This law, as well-intended as it is, is morally wrong. Are we saying that if we would be silent? As allies, we would not going to work. There is a good these pilots want to go off in a storm have been there demanding elections chance that it will boomerang on us. against their best interests that we and freedom and taking a stand. Now The mistakes we made, mistakes that cannot stop them? Let us hope that we are asked to have consideration for we made here in law, are copied over these courageous acts of these people our European allies. and over again, and this could hurt us who were shot out of the sky are not If America stands alone for freedom more than it will ever hurt Castro. mimicked by other people who believe in Cuba, for the rights of our own citi- Please vote no. we have to take it one step further. zens against the jails and the torture, Mr. BURTON of Indiana. Mr. Speak- Oh, I know there are some of my col- then America has never been in better er, I yield 1 minute to the gentleman leagues waiting for the invasion, and if company. from South Carolina [Mr. SANFORD]. we send that signal that we are ready This legislation is the final in a se- Mr. SANFORD. Mr. Speaker, during to go in like Haiti and we are ready to ries of acts in uniting this Congress on this discussion we have heard a lot of do whatever we can do, we may have 4 a bipartisan basis and making clear to debate, and the problem with that de- more pilots saying let us do it at least the people of Cuba there is no rec- bate is that it has been filled with between now and the general election. onciliation with Fidel Castro, there is Washington voices. If there is anything We made mistakes; we will make oth- no compromise, it is time to bring the that we have learned, it is that Wash- ers. dictatorship to a close, and we do this ington does not know best. So I think I am not nearly as concerned as I ap- as we did against South Africa with the missing ingredient in this discus- pear to be because this law is written apartheid, as we do today against sion is, what is it the Cuban people liv- so poorly we cannot even enforce it. Libya and Iraq, by using our economic ing in Cuba think? And in testimony They are not going to be angry with leverage. after testimony with the gentleman us, my colleague, the gentleman from Mr. Speaker, I am proud to be a co- from Indiana, Chairman BURTON, what California [Mr. CAMPBELL], not our al- sponsor of this bill. I congratulate by we have heard is that the people at lies. They are going to feel sorry for us. bipartisan colleagues and the President home in Cuba think that the way that No great Nation like ours can have the of the United States for offering his we solve this problem is not by sending arrogance to tell some other country signature, and to the gentleman from tourist dollars to prop up Fidel Castro, what they can do with their foreign Indiana [Mr. BURTON], on this good not by allowing investment dollars to trade. And the whole idea that this is day. go in and prop up Fidel Castro, but going to be something to bring down Mr. HAMILTON. Mr. Speaker, I yield rather by tightening the embargo. Castro is one that I do not think the 2 minutes to the distinguished gen- In this case I think we should listen authors believe. tleman from Florida [Mr. GIBBONS]. to those voices. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1741 Mr. HAMILTON. Mr. Speaker, I yield Mr. Speaker, some who are opposed Key West, FL, I am closer to Havana 2 minutes to the distinguished gen- to this legislation argue, against all than I am to Miami. I live about 40 tleman from California [Mr. MILLER]. evidence, that conciliation and ap- miles north of Miami. Mr. MILLER of California. Mr. peasement will liberalize the Castro re- This is not an esoteric philosophical Speaker, I thank the gentleman for gime, when 35 years of history has issue in south Florida. This truly is a yielding me time. proved exactly the opposite. The down- local issue, because we have a better Mr. Speaker, the Cuban Government ing of those airplanes shows that Fidel sense, I think, than most of this coun- committed a reprehensible and tragic Castro cares only about his power and try, unfortunately, of what is going on act when it decided to shoot down two only about the maintenance of his cor- in an evil empire 90 miles from our civilian airplanes flown by the Cuban- rupt regime. It was the pretext he was shore, an empire that really is in the American organization Brothers to the looking for to crack down on Concilio world’s Hall of Fame of atrocities Rescue last month. And I send my con- Cubano and other democratic organiza- today, not yesterday, not just killing dolences to the families of the victims. tions that were beginning to flower four Americans and planes, but tortur- The shootdown was a tragedy in so within Cuba. It was not the fault of the ing and killing the civilians that live many ways. It could and should have U.S. Government. It was not the fault in their own country. That is the em- been avoided. of the Americans who flew those pire that is 90 miles from our shore. The Cubans could have taken alter- planes. It was the fault of Fidel Castro, What does this bill do? This bill spe- nate steps. But they specifically had who insisted on perpetuating his dicta- cifically gives a legal right of action to warned the United States and Brothers torship. Americans whose property was taken that this would happen. The group and Mr. Speaker, I am pleased that the illegally. That is the substance of this the administration did not heed those President has agreed to sign this legis- bill. The thrust behind it is to prevent warnings. The United States failed to lation, but I am disappointed that he other people, other nationals in other prevent the group from continuing its has asked for the power to waive its countries, from investing in Cuba, to flights of fancy and I believe the group key provisions. I urge the President, do try to end the empire that exists deliberately ventured into hostile ter- not waive these provisions. The time today. The investments of Canadians, ritory to provoke a U.S. reaction. has come to be tough with Fidel Cas- of Spaniards, have not changed the em- The shootdown was a tragedy as well tro. We know appeasement does not pire, the evil empire in Cuba. It goes on because but for that tragic action this work. We know only firmness will. today with their investments. legislation would not have won the last Mr. HAMILTON. Mr. Speaker, I yield What we need to do is we need to strangle those investments. We need to support that it needed. And the legisla- 1 minute to the distinguished gentle- end those investments, and let the peo- tion is wrong. Instead, we should con- woman from Connecticut [Ms. ple of Cuba know that there is hope, tinue to open United States policy to- DELAURO]. that the dictatorship, that the Castro ward Cuba—for the benefit of Cuban- Ms. DELAURO. Mr. Speaker, I would Americans, for American businesses, like to know where the outrage of some dictatorship which is holding on by its fingernails is going to end, and that and for regional peace, and, yes, de- of my colleagues was when the United this Congress, the center of hope and mocracy. States supported the Khmer Rouge and democracy and freedom in the world, is But now Congress is poised to leap when the Khmer Rouge killed 1.2 mil- backward today as it considers the so- part of that effort. lion Cambodians. I guess the Cam- Mr. Speaker, I am sure that my col- called Cuban Liberty Act. bodians do not vote in large numbers in We should not do that. leagues in a short time will join me, this country. both Democrats and Republicans Mr. Speaker, this legislation was Mr. Speaker, I rise in opposition wrong before the shootdown happened throughout the country, in acknowl- today to this bill. I oppose this bill, edging that we want freedom in Cuba, and it remains wrong today. even though I know that it has support The shootdown has not provided a we want a free society, a free economy, in this Congress. I oppose this bill even single justification for a policy that a freedom of thought, a freedom of ac- though I strongly condemn the Castro even the administration that now em- tion that this bill will be part of creat- government’s brutal murder of civilian braces it had just recently denounced. ing. Americans in the Florida Straits. I op- It is extremely likely that America I can think of nothing that I am pose this bill even though I strongly will be cited for trade violations over prouder of as part of my legislative ca- support freedom and democracy for the this act. reer than to have been part of the And Fidel Castro, after having out- Cuban people. adoption, the drafting, and hopefully I oppose this bill because it is an un- lived over 35 years of U.S. embargo, now, very shortly, the passage of this workable solution to an intractable surely will not back down in his re- bill. problem. The legislation would clog maining years because of additional Mr. HAMILTON. Mr. Speaker, I yield our Nation’s courts with unenforceable embargoes. United States hostility to 2 minutes to the distinguished gentle- new claims against foreign govern- Cuba in fact has been his political sav- woman from New York [Ms. ments, companies, and individuals. It VELA´ ZQUEZ]. ior. ´ Do not listen to those who say that a creates a quagmire of inflexibility Ms. VELAZQUEZ. Mr. Speaker, I rise vote against this bill is a vote for Fidel which we will come to regret when today to express my strong opposition Castro. That is McCarthyism. needed change comes to Cuba. It would to the conference report, not just be- Denounce Cuba in the United Na- harm America’s important relation- cause this is the wrong bill, but it is tions, yes. But summon the courage to ships with our sister democracies the wrong bill at the wrong time. No vote against this bill. abroad. It sets a dangerous precedent one will deny that last week’s tragedy Vote against this bill because it is of rash action instead of reasoned and is truly regrettable, but I will urge my bad policy. Vote against this bill be- deliberate progress. colleagues to respond in a level-headed cause it violates international trade Let us not do serious damage to our manner, not with a reflex policy for the law and will be an international embar- own national interest in response to moment. rassment for the United States. Vote atrocities which we universally abhor Tightening a 35-year embargo will against this bill, my colleagues, be- and condemn. Vote against this con- only cause more pain to these innocent cause it is contrary to our best inter- ference report. people. Under the current embargo the ests. Mr. BURTON of Indiana. Mr. Speak- human cost has already been too high. er, I am happy to yield 2 minutes to my Cubans cannot even get basic neces- b 1415 colleague, the gentleman from Florida sities like food and medicine. How Mr. BURTON of Indiana. Mr. Speak- [Mr. DEUTSCH]. much more pain do we have to inflict er, I am happy to yield 1 minute to my Mr. DEUTSCH. Mr. Speaker, I rise in on these people before it is enough? colleague, the gentleman from New support of this bipartisan effort to After more than 3 decades, we should Jersey [Mr. ZIMMER]. change the direction of the dictator- be ready to admit that this embargo Mr. ZIMMER. Mr. Speaker, I thank ship in Cuba. My district represents has failed miserably. The Castro gov- my colleague for yielding time to me. the Florida Keys, and when I stand in ernment has survived the storm. The H 1742 CONGRESSIONAL RECORD — HOUSE March 6, 1996 average Cuban looks at Fidel as a hero, the families of those killed would be 121 Democrats who have joined with us and the United States Government as compensated. and the President in striking a blow for the enemy. Nobody wants a repeat of The downing of the planes was an in- democracy and striking a blow against last week, but today’s action will fur- excusable action by the Cuban authori- the Castro regime. I want to answer ther isolate and deprive the Cuban peo- ties, and I believe that President Clin- some of the issues. This question of ple, increasing tensions and setting the ton was right to initiate an immediate extraterritoriality, under the Cuban stage for another violent crisis. and direct response. Democracy Act everybody acknowl- As world leaders, we should extend a This is a very emotional situation edges that, and many people voted for peaceful hand and keep dialog between and the immediate reaction is to strike it in this House who oppose this today. our two countries open. It is time we back, but that is the wrong reaction. It The fact of the matter is that under live by our humanitarian ideals and is wrong to define our long-term rela- that act we heard all these issues from stop playing the bully. If we are serious tionship on the basis of this tragic inci- Canada and Mexico and everybody else, about democracy, then more dialog, dent. Passage of the Helms-Burton bill that in fact this was extraterritorial. not an embargo, is the answer. is a shortsighted, irrational response to What is the relationship today? We en- Mr. Speaker, we must not allow heat- this international incident. tered into the most significant trade ed passion to blind us. This bill leads This legislation will not topple Cas- agreement with Canada and Mexico, us down the same wrong path we have tro, this legislation will only tie the and they are trading with us, and so followed for 3 decades. I urge my col- hands of President Clinton and in- much, I think, for the comment. leagues to vote ‘‘no’’ on this conference crease the pain and suffering of the This is not about trade. Someone report. We must learn to look before Cuban people. said this is about trade. No, this is we legislate. In my opinion, this legislation not about trafficking intentionally in ille- Mr. BURTON of Indiana. Mr. Speak- only violates international law, it pun- gally confiscated properties of U.S. er, I am very happy to yield 1 minute ishes our international allies by at- citizens and U.S. companies. Canadians to our colleague, the gentleman from tempting to force them to comply with are arguing for their citizens and their interests and their rights. I am coming Rhode Island [Mr. KENNEDY], who has our 34-year-old embargo. An embargo been a big help on this bill. that has not worked. This legislation here to argue for American citizens and Mr. KENNEDY of Rhode Island. Mr. will allow Cuban-Americans to use American businesses and their rights. I Speaker, I would like to take a little United States courts to sue foreign am not going to get up here and start exception with talk that has been companies who invest in properties arguing for other countries. The fact of the matter is that if you heard around here a lot about ‘‘let us that were confiscated by the Castro know that that property was not le- not act in heated passion.’’ Why should government. While emotionally justifi- gally yours, and you are willing to buy we not react in heated passion when able, it infringes upon our allies’ sov- it even though you know it was stolen human rights abuses are being seen in ereignty, and possibly violates our from somebody else, you are in receipt Cuba, 90 miles off our shore? Why trade agreements. of stolen property. If you want to do Helms-Burton would limit the au- should we not react in passion when that, fine, then take the risk. And we Fidel Castro knowingly gives the mili- thority of the President to alter or lift do this prospectively, so you know that tary orders for two civilian aircraft parts of the embargo—even for strict you are going to have to continue to with American citizens on board to be humanitarian purposes—by Executive traffic in the property or purchase shot down over international waters? decree. The Executive orders which properties in the future. I am passionate about that, and I am make up our policy on Cuba become Title III has a suspension authority passionate about human rights abuse frozen into law. If the President sought for the President of all the hobgoblins in Cuba. A lot of people have said that to ease restrictions on Cuba in re- we have heard about come to reality. the embargo that was first instituted sponse to democratic changes, he The President, in his letter to all of us, by President Kennedy has not worked. would only be able to do so with con- said, he asked the administration to There is a good explanation for that. gressional approval. work vigorously with the Congress to The Soviet Union used to subsidize We all know that the Cuban economy set aside our remaining differences and Castro’s regime for the last 30-odd is suffering. Cuba is forced to pay a reach rapid agreement on the Libertad years. That is no longer the case. That premium for importing staple foods for Act. Last week we achieved that objec- is why Fidel Castro is looking for for- its people. Medicines are in short sup- tive. The conference report is ‘‘* * * a eign investment to help prop up his ply, causing health care delivery to strong bipartisan response that dictatorial regime and further oppress crumble. Is this what we really want tightens the economic embargo against the people. Make no mistake about it, for the Cuban people? Is this how our the Cuban regime and permits us to the reason why this bill is so important democracy should operate? continue to promote democratic right now is because he needs foreign Engaging Cuba, increasing dialog, change in Cuba.’’ investment now more than he did be- and pressuring for increased human Last, let me just say that if Members fore. rights and democratic reform is the are proud of China’s record of prison Mr. Speaker, I ask my colleagues to best way to genuinely democratize camps, slave labor, dissident jailings, support this bill. It is bipartisan. The Cuba and improve relations with one of 20 years later after our relationships President supported it. I am in strong our closest neighbors. and our investments, if they are proud support of this bill. Passage of Helms-Burton will only of the Canadian and Mexican and Span- Mr. HAMILTON. Mr. Speaker, I yield deepen the rift between our two coun- ish investments in Cuba over the last 11⁄2 minutes to the distinguished gen- tries and cause further suffering of the several years that have produced no de- tleman from Washington [Mr. very people we are trying to help. mocracy, that have produced greater MCDERMOTT]. Mr. BURTON of Indiana. Mr. Speak- repression, and that have kept the re- (Mr. MCDERMOTT asked and was er, I yield 3 minutes to my colleague, gime afloat, then they should vote given permission to revise and extend the gentleman from New Jersey [Mr. against the bill. his remarks.) MENENDEZ], who has been a tremendous But if in fact what Members want to Mr. MCDERMOTT. Mr. Speaker, on help on this bill. do is what I believe the overwhelming Sunday, February 25, most of us picked (Mr. MENENDEZ asked and was Members of this House already by the up our morning paper to read that two given permission to revise and extend rule vote and in past votes want to do, planes, piloted by Cuban-Americans, his remarks.) to strike a blow for democracy and had been shot down near Cuba. This un- Mr. MENENDEZ. Mr. Speaker, I strike, in fact, a blow on behalf of the fortunate incident was appropriately thank the distinguished chairman of Cuban people and against the Castro denounced by both President Clinton the subcommittee, and congratulate regime, they will be voting with us on and the U.N. Security Council. him on his bill, which I have helped co- this bill. In addition to this initial response, author. Mr. HAMILTON. Mr. Speaker, I yield the President quickly imposed several Mr. Speaker, let me thank my 347 fel- 1 minute to gentleman from California restrictions on Cuba and ensured that low Members of this House, including [Mr. BECERRA]. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1743 Mr. BECERRA. Mr. Speaker, I thank sues when we had the embargo against a fellow who defeated him in a college the gentleman for yielding time to me. South Africa, they took a different po- race for student body president, and Mr. Speaker, first let us all agree sition. There is no consistency in their Castro shot him to death. That is the that what happened a week ago that arguments. kind of guy we are talking about. He is took the lives of several Americans was When Castro took power, Cuba had a horrible human being, one that regrettable and should not have hap- the highest standard of living in Latin should not be in power, especially not pened, but it is always bad policy when America. Today it is the lowest, not for 35 years. you try to achieve political ends because of the United States embargo, Two years ago, on the high seas, he through economic means, especially because for the past 35 years they have had his Cuban Navy pull up alongside a when they are indirect economic been propped up by the Soviet Union, tugboat with people on it who were means. but because of Castro’s Communist fleeing to freedom. Women were hold- The actual three and one-half-dec- government control policies that do ing their babies above their heads, and ade-old embargo against Cuba is a per- not work. He is the one that has been he ordered his Navy to wash them off fect example of why we cannot achieve hurting the Cuban people, not the the decks with power hoses. The that through an economic embargo. United States and not the embargo, be- women took the babies, the children, The Castro government remains, and cause the embargo had no teeth in it into the hold of the tugboat, and Cas- the only people who have been hurt are until 3 years ago. tro brought his navy ship alongside. the people of Cuba, the women and Somebody said that the OAS was not They directed the hoses into the hold children of Cuba. What we are doing with us on this. The fact of the matter and they sunk that ship, that tugboat, through this bill is using our economic is Castro has been excommunicated and killed those women and children might to bully our international allies from the Organization of American like rats. and friends to do what we think is best, States because of his actions, because This is the kind of government you even though the entire international of his exporting of revolution. guys want to do business with, and my community has spoken against this My colleagues have said, you know, colleagues’ answer is, well, the way to type of embargo. we are going to penalize people who in- work with Castro is to open up trade vest in Cuba and have invested in Cuba. b 1430 and do business with him, that will This is a prospective bill. People who solve the problem. Really? Do you real- Indeed, even Canada, our northern have already bought confiscated U.S. ly believe that? We have opened up neighbor, our great friend, has said it property will not be penalized unless trade with Communist China. It has will take us to international court to they buy more American property. So not changed the Communist regime say that this is a means, a barrier if they have already got property down over there. We have opened up trade against free trade throughout the there, they are not going to fall under with Communist Vietnam. That has world. This is not the way to do things. this bill. not changed anything. Let us address what happened last But people who buy confiscated And here we are, 90 miles from our week in the taking of several American American property in the future are border they are shooting down planes lives, but let us not try to mix the going to be penalized because there with innocent Americans in them, in things up that we have here today and will be a cause of action in U.S. courts international air space, and we are sup- say that because some people died, re- unless suspended by the President. posed to say we are going to solve this grettably, that now we should institute And, No. 2, anybody that traffics in problem by doing business with him. a policy that will ultimately take the confiscated U.S. property will not be Baloney. The way you deal with Fidel lives of many people in a country able to get a visa to come to the United Castro, since he is on his last legs, is do called Cuba though politically we may States. not let him have the hard dollars that disagree with what is going on with the They know full well, the Canadians, he needs to stay in power, and that is government. This is not the way to do the Spanish and everybody else, they what this bill does. it. We should focus where we should. know that this bill takes effect on the This bill will force him from power, I Let us not create bad policy because a date of enactment, and if they buy really believe that, in the next 2 or 3 bad situation occurred. property that is taken away from years, and then the people of Cuba will Mr. BURTON of Indiana. Mr. Speak- Americans, stolen from Americans by have freedom, democracy, and human er, I yield myself such time as I may Fidel Castro, they know what they are rights because there is going to be consume. getting into. So I have no sympathy for about $3 or $4 billion invested very Mr. Speaker, the reason I waited those people who want to buy con- quickly, and they will have the free- until near the end of the debate to take fiscated, stolen American property to dom that they wanted all these years. my time is because, as is always the give Castro the hard currency that he Get out of here, Castro. We want you case, there is a lot of misinformation needs to stay in power. gone. We want freedom, democracy, that takes place in this debate and I Now, a lot of my colleagues say, you and human rights throughout this wanted to make sure I clarified these know, we ought to do business with hemisphere, and you are the last hold- arguments. this guy, especially since Boris Yeltsin out. First of all, a lot of my colleagues says we should. Well, Russia and the Mr. Speaker, I reserve the balance of have said we are going to hurt the peo- Soviet Union have been supporting my time. ple of Cuba. When Castro has a foreign Castro all along, so that does not sur- Mr. HAMILTON. Mr. Speaker, I yield investor invest in Cuba, the money prise me, but the facts of the matter 1 minute to the distinguished gen- that is paid by the employees of that are these: Castro has exported com- tleman from California [Mr. CAMP- firm goes to Castro. Let us say that munist revolution in Africa, in Central BELL]. they get $400 a month. Castro gets the America, in South Africa where Che Mr. CAMPBELL. Mr. Speaker, when- $400 a month and then he pays them in Guevara was killed. He has exported ever an economic sanction has worked the local currency, $400 of that local communism wherever he could. He is a in our history, whether it be South Af- currency. But the exchange rate is 700 committed revolutionary and he still rica, Haiti, Iraq, or even worked in to 1, which means the average Cuban is believes. part, it is because our allies have making less than $5 a month. That Castro has killed innocent agreed with it. What we do today alien- We cannot hurt those poor people human beings. He has put thousands ates our allies at a time when we need much worse than Castro has hurt them. and thousands of people in his Com- them most. The embargo is not going to hurt the munist gulags. If you want to know It is not out of any concern for inves- Cuban people. Castro has murdered the how they are treated, read Armando tors in Canada or investors in Spain Cuban people economically, and lit- Valderas’ book ‘‘Against All Hope’’ and that I rise in opposition to title III of erally in many cases. it will tell you very clearly how he this bill. It is precisely because I want And I would like to say to my col- treats people who disagree with him. to put pressure on Fidel Castro’s Cuba. leagues who opposed the embargo, My colleague, the gentleman from But I know that the only way to put ef- when we talked about these same is- California [Mr. DORNAN], talked about fective pressure, whether it be a sugar H 1744 CONGRESSIONAL RECORD — HOUSE March 6, 1996 embargo, a tobacco embargo, limited so important, if it is the heart of the to Cuba and Castro is gone, there are sanctions or a total quarantine, is bill, then why just give it away with a provisions in the bill for the United when we have our trading partners and waiver to the President of the United States to help aid in the transition to our allies with us. States? democracy. So we are not going to be Today, for the first time in the his- Incidentally, that title III defends on the sidelines, Mr. Hamilton. We are tory of American jurisprudence, we are only the interests of the rich, only the going to be in there helping the Cuban applying a law not to goods that come fellow who has a very large claim. The people. into our country, not to acts that hap- poor small claim holder is not going to Mr. Speaker, I yield such time as he pen within our country, but to goods get any remedy from this bill. This bill may consume to the gentleman from and acts that are outside of our coun- is going to shore up Castro, not bring California [Mr. TORRES]. try. However great our outrage, that is him down. It enables him to do what he (Mr. TORRES asked and was given not American jurisprudence. That is has done so effectively for 30 years, and permission to revise and extend his re- extraterritoriality. It drives our allies that is to fan the flames of national- marks.) away at a time we need them most. ism, to put all of the blame for the Mr. TORRES. Mr. Speaker, I rise to oppose Mr. HAMILTON. Mr. Speaker, I yield mess he has made of Cuba onto the the conference report on H.R. 927. myself the balance of my time. United States, so it plays into his I am grateful to my colleague, the gen- Mr. Speaker, I rise in opposition to hands. tleman from Indiana [Mr. BURTON] for this op- the conference report. I think there We ought to be targeting our policy portunity to explain why the passage of H.R. should be no doubt that after the rep- not at Castro and what is bad for Cas- 927 would be, in my opinion, not only a grave rehensible actions by Mr. Castro and tro. The policy of the United States policy mistake by this body, but, would set in the regime, there is no disagreement should be aimed at what is good for the motion actions which would deliberately inflict among us here. We condemn that. Cuban people. This bill, this conference upon the Cuban people suffering and depriva- The difference here is the best way to report, puts us at odds with all of our tion. Yes, we all deplore the incident of the respond and how best to bring an end friends and allies, and it deeply offends downing of Americans flying provocative flights to his regime. We knew that Fidel Cas- them. The conference report departs over Cuban airspace but, they were warned tro was a reprehensible thug 3 weeks from the proven and sound U.S. poli- countless times to desist. This legislation will ago. We knew that he was 30 years ago. cies that we have used in other areas of not correct that situation. There is no change in that. He remains the world. At worst, this legislation is a cruel attempt so today, but his recent actions should Mr. Speaker, let me conclude, the by Members in both bodiesÐwho are still not change how we define or pursue the conference report is going to increase fighting the cold warÐto provoke civil disorder U.S. national interest. the isolation of Cuba and its people. It in Cuba. Today we need to send a wake-up I think this bill that is before us is a is going to skew U.S. policy from the call to those cold warriors in our midstÐthe huge mistake, and I believe that for present course of promoting peaceful cold war has ended. We wonÐremember. several reasons. First of all, as a mat- change. It is going to put the United What threat does the Government of Cuba ter of policy, it picks isolation over en- States on the sidelines when this tran- present to the territory or people of the United gagement. By increasing Cuba’s isola- sition is underway in Cuba. It creates States which would justify unleashing further tion and by squeezing the Cuban peo- an unprecedented right for those who pain and suffering and, I would warn, possible ple, the conference report risks a vio- had property confiscated in Cuba to sue bloodshed, among the people of Cuba. lent upheaval in Cuba and increases in United States courts. It hands Cas- The United States is the only world super- the risk of a massive flow of refugees. tro a deck of nationalist cards that he power. Our military might dwarfs that of the I understand that now is not the time will play with consummate skill, and it combined armies and navies of Europe and to lift the embargo. Bad deeds should contravenes U.S. international com- certainly of the Americas. We maintain an not be rewarded. But ultimately the mitments and antagonizes our closest armed, military presence, on the Island of engagement of the Cuban people in allies and trading partners. CubaÐhow many of you appreciate this re- trade and contacts with Cuba will open This conference report is a mistake. ality. the door to a free Cuba. I say to my It is a huge mistake for this country to This country maintains an armed, military friend on the other side of the aisle make because it locks in the President base on Cuba's southern coast. The United that the most distinguished foreign of the United States in the conduct of States controls 45 square miles of southern policy spokesman of the Republican American policy towards Cuba. I urge a Cuba, including a harbor, naval docking and Party in the last generation was Presi- vote against it. ship repair facilities ordinance, supplies and dent Richard Nixon, and he believed Mr. BROWN of Indiana. Mr. Speaker, administrative facilitiesÐwe even have two that the isolation policy of the Cuban I yield myself 1 minute. water distillation plants. people was the wrong policy. Mr. Speaker, Castro is in trouble. He This U.S. military base includes both a I also believe that this conference re- just rounded up the human rights ac- naval and an air station. Over allÐthe United port is going to tie the hands of the tivists and the people who oppose him. States military has a base right inside of Cuba President in knots. I understand that He put hundreds of them in prison just which is three-quarter the total land area of he accepts this bill but I think that is recently. the District of Columbia. One of the stated a mistake. The conference report re- My colleague said that there is no military missions for our base in Cuba is to stricts the ability of the United States guts in this bill except for title III. serve as beachhead in case the United States to respond to changing conditions in Title IV prohibits people who traffic in decides to invade the Island. Cuba. The transition from a Com- confiscated American property from It costs the American taxpayer over $45 mil- munist government to a free govern- getting visas to come to the United lion a year to maintain this military base. Now, ment is not going to be easy. We have States of America, so they are going to it looks to me like the military threat is re- learned that time and time again. have to choose: Do they want to do versedÐit appears to me that this Island pre- What this bill does is, it freezes us out business with Castro or the United sents no military or strategic threat to the terri- of the action at the very time that we States? I believe they are going to tory of the United States. want to be engaged, when we want to want to do business with the United Why then are we considering legislation influence events in Cuba. States. That is going to dry up hard which appears to some to be designed to With regard to title III, the gen- currency for Castro. make economic and social conditions in Cuba tleman from California [Mr. CAMPBELL] You folk on that side of the aisle, the so difficult for the average citizens, that these has explained that very well, but let people who oppose this bill, wanted difficulties would create civic disorder, which me just make this observation. My that $50,000 limit to make sure that we would then provoke the Castro government to friends who are proponents of this bill would not have the courts flooded with take measures against its population, which have said over and over again, title III litigation. The fact of the matter is, will result in increased violence and disorder is the heart of the bill. But you know you asked for it, you got it, now you on the Island, which will be used as a pretext what they did? They gave it away. are complaining about it. for US military intervention. They gave away title III with the waiv- And, finally, when there is a transi- At best, this legislation will have no effect er to the President. If in fact title III is tion, when democracy starts to come upon the Cuban Government's hold on power, March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1745 but will reveal to the international community those corporations and individuals who cur- parts of the world and somehow magi- the mindset of United States elected officialsÐ rently occupy and profit from those properties; cally appearing, bearded, in uniform, who are so trapped, by old ways of thinking Corporate executives who purchase con- and prepared to talk about baseball, and by false pride, that they would act against fiscated U.S. properties will have their visas to just a wonderfully pleasant, interesting a foreign government which poses no threat or the United States revoked. Foreign business person standing in the church pulpit, danger to the national security of the United executives who invest in Cuba after the pas- and, oh, by the way, forget the prisons, States of America. sage of this legislation will be subject to the forget the secret police, forget the tor- b 1445 same punitive action; and ture, forget the murders, forget the To encourage democratic change, humani- dictatorship, forget the poverty, forget Mr. BURTON of Indiana. Mr. Speak- tarian and military transition assistance will be the willingness to take on anyone and er, I yield 30 seconds to my colleague, provide to a future Cuban Government that is drive them out of Cuba, because after the gentlewoman from Florida [Mrs. committed to democracy. all he is such an interesting, char- MEEK]. Mr. Speaker, just as we helped the people ismatic figure. And so, for the last cou- (Mrs. MEEK of Florida asked and was of South Africa, and the people of Haiti, we ple years, life has gotten harder be- given permission to revise and extend must help the people of Cuba in the time of cause with the fall of the Berlin Wall, her remarks.) their greatest need. with the collapse of the Soviet Empire, Mrs. MEEK of Florida. Mr. Speaker, I Castro is desperately clinging to power. He the subsidies are gone. The money is am one of the cosponsors of the Helms- must be cut off, not thrown a lifetime. I believe not there. The military protection is Burton bill, and I have every strong ra- that the Cuban Liberty and Democratic Soli- not there. tionale to do so. I know what the darity Act will greatly hasten the fall of Fidel Suddenly, the Castro dictatorship Cuban people have experienced. I have Castro's dictatorship. was beginning to weaken. And now seen them from 1960 to 1961. And Mr. Speaker, I look forward to the Fidel had a new line. He said to the Mr. Speaker, I rise in strong support of the timeÐin the near futureÐwhen I can greetÐ younger Cuban bureaucracy, ‘‘Stick conference agreement on the Libertad billÐ here in this CapitolÐthe democratically elect- with me. I will manipulate the Ameri- the Cuban Liberty and Democratic Solidarity ed President of a free Cuba, as I have the cans. I will manage the transition. I ActÐwhich will tighten the embargo against democratically elected Presidents of a free will manipulate the European Union. I Castro and his barbaric regime. South Africa and a free Haiti. will find the money. And in the end I I am an original cosponsor of this bill, and I strongly urge my colleagues to support this am still going to be here.’’ And sadly, I am pleased that President Clinton will sign it bill. from the Clinton administration and into law when it reaches his desk. Mr. BURTON of Indiana. Mr. Speak- from others, there were signals that From time to time, we are called upon to er, I yield the balance of my time to maybe Fidel could pull it off. There take strong action against evil in the world. the distinguished Speaker, the gen- were signals that maybe America was We took strong action against apartheid in tleman from Georgia [Mr. GINGRICH]. going to cave. South Africa. We took strong action against a Mr. GINGRICH. Mr. Speaker, I thank Business leaders went down to Cuba murderous dictatorship in Haiti. Today, Mr. my friend, the gentleman from Indiana, and began to praise the great opportu- Speaker, we have the opportunity to take for yielding to me. nities the dictatorship offered. Oh, you strong and decisive action against the evil of I am delighted to have a chance to might have to build that hotel near a Fidel Castro. share with the House some thoughts on prison camp, but what the heck, there By now, every American knows of the mur- the conference report on H.R. 927, will be profits. We began do have Mem- derous attack by Cuban Mig fighters only 11 which I really see as a freedom con- bers of Congress go down, because after days ago. Two U.S. civilian aircraft were de- tract with the Cuban people. all, the dictatorship was getting a stroyed, and four U.S. citizens were killed in I found it interesting that the very more human face. this unjustified and unwarranted terrorist attack distinguished ranking member of the against unarmed civilians. Those who studied knew it was not committee, the gentleman from Indi- true. Chairman BURTON knew it was Brothers to the Rescue is a peaceful, hu- ana [Mr. HAMILTON], did not seem to manitarian group responsible for saving over not true. The gentlewoman from Flor- think this bill would be effective. I ida [Ms. ROS-LEHTINEN] knew it was 6,000 lives. It is perfectly in character that would just want to start by quoting Castro chose to viciously attack the members not true. The gentleman from Florida from a letter from President Clinton, [Mr. DIAZ-BALART] knew it was not of this caring, dedicated group. who said, But in Miami, FL, which I represent in Con- true. People across America who stud- The conference report is a strong biparti- ied Cuba said, ‘‘Wait a second, this is gress, this senseless, brutal attack is the latest san response that tightens the economic em- in a long list of murders, firing squads, the same dictatorship, these are the bargo against the Cuban regime and permits same lies, these are the same false imprisonments, harassments, human rights us to continue to promote democratic abuses, and political oppression perpetrated change in Cuba. I urge the Congress to pass promises.’’ And for a long time the by Castro against the Cuban people. the Libertad bill in order to send Cuba a Clinton administration opposed this Many of my constituents know Castro's ruth- powerful message that the United States will bill. lessness first hand. Many fled from Castro's not tolerate further loss of American life. And then a tragedy occurred, a trag- prisons. Many of my constituents still have rel- I am delighted that the President is edy that was unnecessary, a tragedy ativesÐmothers and fathers, brothers and sis- now supporting this. But I must say that should have been avoided, a trag- ters, nephews and cousinsÐwho must endure even more decisive than the tragedy of edy which I believe strong representa- the daily hardship and oppression of this cruel the last few weeks has been a commit- tion from our State Department might regime. ment which the gentleman from Indi- well have avoided by saying to the Cas- Is there any wonder why so many people ana [Mr. BURTON] led as chairman of tro dictatorship, ‘‘We will not tolerate were willing to leave everything they ever the subcommittee, a commitment your shooting down innocent civilian worked for and everything they ever owned to which the gentlewoman from Florida aircraft. It violates every international come to this countryÐjust for the chance to [Ms. ROS-LEHTINEN] led, a commitment rule.’’ live in freedom and raise their children without which the gentleman from Florida [Mr. The United Nations had what I fear. DIAZ-BALART] led and others in both thought was a pathetically weak re- The Cuban Liberty and Democratic Solidar- the House and Senate, that said for a sponse. They did not condemn. They ity Act will put new international pressure on long time, we are committed to free- did not censure. They deeply deplored. the Castro regime. Under its provisions: dom for Cuba. Kill a few people, we deeply deplore it. The embargo against Cuba will be enacted Let me remind my colleagues of the Well, the U.S. Congress is doing into law. Up until now, the embargo has been game that has been played. No dictator something vastly beyond deplore. This enforced via an Executive order and subject to on the planet has been better than bill says no one in Cuba and no one in change by every new administration; Fidel Castro at managing to create a the rest of the world should expect this The owners of illegally confiscated prop- sense that somehow he will always sur- embargo to be lifted until there is de- erties in Cuba will be allowed to pursue legal vive no matter what. No one has been mocracy in Cuba. There is no future for action in United States District Court against better than Fidel at playing off various the Castro dictatorship. There are no H 1746 CONGRESSIONAL RECORD — HOUSE March 6, 1996 deals. There is no special business in- tion, and together we will establish the cial gains from these settlements. The possi- vestment. There is no loophole. There right to be free once again in our bility that a few could be enriched by this bill, is no sweetheart agreement. neighbor to the south. even as the people of Cuba suffer from the This also says the Congress will be I urge every Member, the President current embargo, concerns me even more. involved unless the President certifies urges a ‘‘yes’’ vote, we urge a ‘‘yes’’ In any event, I cannot support legislation that the transition to a democratic re- vote, the Cuban people want a ‘‘yes’’ which, at the very least, threatens the future of gime is under way in a measurable, vote, and I think the future of freedom our trading relationships, hurts our own eco- real way. It says one other; maybe it is demands a ‘‘yes’’ vote. nomic security, and does nothing to alleviate shocking to some of our friends; it says Mr. FARR of California. Mr. Speaker, I rise the suffering of the Cuban people. Let us pur- if Castro has confiscated the property today to speak in strong opposition to H.R. sue a policy of more openness and greater of Americans, we are going to defend 927, the Cuban Liberty Act. This legislation engagement with Cuba, not less, if we truly the property right of Americans, and, would, in the name of ending the rule of Cas- wish to bring about greater change and help yes, if you come from Canada or you tro, cause even greater harm to the Cuban the people of Cuba. come from France or you come from people and jeopardize our relations with many Mr. DEUTSCH. Mr. Speaker, I am proud to some other country and you have pur- of our important allies. be standing in front of this body as we get chased the confiscated property of As were all Americans, I was outraged by ready to vote on the Helms-Burton bill. This Americans, we are going to take steps the February 24 shootdown of two American piece of legislation will send a clear message to protect American citizens against Cessnas near Cuba. Simply put, there is no to Castro and other petty dictators around the those who would exploit what a dicta- excuse for sending two MiG fighters against world that America will not stand for political torship has done to hurt Americans. unarmed passenger planes. persecution. We will not put our heads in the Maybe some of our friends think it is H.R. 927, however, is the wrong way to re- sand while this tyrant, only 90 miles from our too much for the American Govern- spond. The bill would not have prevented the shores, oppresses his own innocent citizens. ment to protect Americans. Maybe tragic events of 2 weeks ago, nor would it sig- It is a tragedy that it took the recent shoot- some people think the Cuban market is nificantly improve upon the additional sanc- ing down of two unarmed, civilian humani- so huge and so profitable that you tions already taken by the President as a re- tarian planes by Cuban fighters to help bring ought to cut yourself off from the sult of the attack. the Helms-Burton bill to the floor. Fidel Castro American market to make sure you We should not forget that we already im- has been committing atrocities against the can trade in Havana. Well, I am per- pose a comprehensive travel and trade em- Cuban people for decades and these recent fectly happy to have companies make bargo against Cuba. Virtually no exports are repugnant acts only serve to confirm a conclu- that decision. If a European company permitted to Cuba, and travel is strictly limited. sion that we already know. Castro will never or a Canadian company wants to say, And American businesses are prohibited from change. He still has political prisoners, includ- we will prove our commitment to conducting virtually any economic activity in ing women and children, languishing in his Fidel, we are going to ship our goods to Cuba. jails. He still murders his own people as they Havana, and that means we are not Economic indicators have shown that the attempt to flee political persecution. He still is going to be in the United States mar- embargo has had a dramatic effect on the planning to construct a nuclear power plant ket, I somehow think somewhere on Cuban economy. Sadly, however, virtually all that can only be considered a humanitarian the planet there will be a competitor of the suffering has been felt by the Cuban disaster. There can be no compromise. Castro willing to come to America or there people. They have faced serious food short- is an absolute dictator that needs to be taken will be an American company willing ages, as well as a lack of needed medicine down absolutely. to provide the goods and service, and and medical supplies, threatening their health The Helms-Burton bill will force Castro from we will survive. and welfare. power and put an end to these acts of oppres- It is perfectly fair for us to say to the Presumably because this embargo has not sion. It will strangle Castro by cutting off a world we are going to defend Ameri- let to a change in Cuba's leadershipÐeven large segment of foreign investment that is cans, we are going to defend American though it has hurt the people of CubaÐCon- currently propping up his regime. Some of my property rights, we are going to oppose gress has decided to take the embargo even colleagues feel that lessening our grip on the Castro dictatorship. further: to try to prevent any country from trad- Cuba would be the best way to help the And it is even more important, and I ing with Cuba. Specifically, provisions in this Cuban people. I passionately disagree. Cas- want to close this because I think it is bill would permit Cuban-Americans to sue for- tro's acts over the last several weeks only vital to understand, we have a history eign companies if they use, or profit from, con- proves the urgent necessity for this bill and that goes back 98 years from this year, fiscated property from Cuba. the need to strengthen our resolve against this a history that said just about this This provision has been strongly opposed rogue dictator, rather than weaken it. Mr. Cas- point a century ago, as the Spanish by many of our important trading allies, includ- tro, we will not compromise on this issue. The continued to oppress Cuba and the ing Canada, Great Britain, France, and Mex- U.S. Congress will not lower our support to Cuban people were in a long and bloody ico. They rightly see this as a violation of inter- ending the Castro regime. We will fight to the and terrible insurrection, just about national law, and a violation of their sov- end to free the noose that currently surrounds literally 100 years ago, people began to ereigntyÐan attempt by one country to force the Cuban people, I urge my colleagues to stand in this well and talk about our their foreign policy on another. join with me in voting in support of Helms-Bur- obligation to help the Cuban people lib- Mr. Speaker, is it worth risking our relation- ton, in support of freedom and democracy. erate themselves from Spain. ship with our allies to try to strangle Cuba Mr. BERMAN. I rise to oppose this bill. I do Fidel Castro has been a tragic detour even further? I don't think so. this reluctantly. There is much in this legisla- on what was a long period of the natu- If these provisions actually succeed in cut- tion that I support and have supported in the ral friendship between the American ting off additional investment in Cuba, it past. people, who have sympathized and sup- seems unlikely that the results will benefit the I am not, for example, opposed to codifying ported the Cuban people, and we are Cuban people. Our embargo has already hurt the embargo on Cuba. There is no doubt that prepared to say in this House, with our Cuba's economy severely, yet has only Castro is a dictator and murderer whose rule vote this afternoon, just as you wanted caused more pain for the Cuban people with should be vigorously resisted. Cuba to be free of the dictatorship of no change in Cuba's leadership. Given the re- Nor am I opposed to the extraterritorial na- Spain, we want the Cuban people to be sults of this policy to date, expanding the em- ture of this legislation although I wish such free of the dictatorship of Fidel, and we bargo even more would seem unwise and in- unilateral American action was not necessary. are by this act and by this law commit- effective, if not downright cruel. I would greatly welcome international coopera- ting ourselves to a freedom contract Interestingly, some have suggested that the tion in dealing with the world's dictators as with the people of Cuba and we are say- provision will have no effect on foreign invest- well as with other threats to international sta- ing to every young Cuban leader in ment in Cuba. Why? Because the bill allows bility. Cuba and every younger Cuban bureau- individuals to settle their cases against foreign However, I must vote against this bill. When crat, your future is not with Fidel and companies out of court. Thus, foreign compa- this bill was marked up in the International Re- decay. Your future is with freedom and nies could still invest in Cuba. However, those lations Committee, I introduced an amendment prosperity. If you will simply help us, few Cuban-Americans who held large amounts which carved out an exception for some pen- we will work with you for the transi- of property in Cuba could realize large finan- alties for certain activities. My amendment was March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1747 accepted by all sidesÐincluding proponents of those from third countries, who knowingly traf- in the world, Castro continues to rule with an this legislation, but then, unfortunately, it was fic in property that was owned by a U.S. na- iron fist. dropped in conference. tional and was confiscated by the Cuban Gov- The conference report on H.R. 927 is de- I do not understand why my amendment ernment. Although a provision was included signed to force Castro from power by tighten- was dropped. It was not contrary to the intent permitting the President to delay implementa- ing economic sanctions on the Cuban Govern- of the sponsors of this legislation. tion of this provision for unlimited 6-month pe- ment. I commend President Clinton for ex- My amendment retained due process pro- riods, in its September 1995 statement of ad- pressing his strong support for this tough leg- tection already contained in the Trading With ministration policy, the administration stated islation. the Enemy Act [TWEA] and kept exceptions that this title should be deleted. ``Applying U.S. It is time to stop negotiating with Castro. It for news gathering, research, and clearly de- law extra-territorially in this fashion would cre- is time to force him from power. There can be fined educational, religious, and human rights ate friction with our allies, be difficult to defend no just totalitarian state. The only cure for activities. under international law, and would create a communism and totalitarianism is freedom and In 1992, when we passed similar legislation, precedent that would increase litigation risks democracy. The Cuban people deserve no we added substantial civil penalties to Treas- for U.S. companies abroad.'' This provision less. Specifically, the measure would codify the ury's enforcement arsenal to prevent a surge which the administration considered seriously existing United States trade embargo against of business or tourist travel to Cuba. objectionable is still a part of this conference We all agreed and continue to agree that Cuba while increasing the protection for the report. rights of United States nationals whose prop- trips to acquire a winter suntan or make a In fact, an article in the Washington Post on erty has been illegally confiscated in Cuba. quick buck should be discouraged. March 3, 1996, suggests that this provision, However, we wanted to make sure of a cou- Furthermore, the bill directs the President to which would allow Cuban-Americans to sue encourage foreign countries to restrict trade ple of things before we broadened Treasury's foreign companies in U.S. Federal courts, cre- authority to punish such travelers. First, we with Cuba and to work for an international em- ates a massive loophole that would permit the bargo against the Cuban Government. ensured that due process protection was given wealthiest Cuban-Americans to profit from set- Castro's reign of terror and suppression in to individuals or firms, including an agency tling lawsuits brought under this section. The Cuba is nearing an end. His ruthless Com- hearing and we also ensured that there would article explains how these settlements may munist regime is on life support. Let us pull be a couple of categories of travel that would occur without the need to obtain any license the plug by passing this legislation. be off limits to civil fines. or permission from the U.S. Government. Mr. MARTINI. Mr. Speaker, I rise today to We agreed that visits by journalists, re- I would also like to reiterate once again, as support the conference report to H.R. 927, the searchers, human rights, and religious organi- I have so often in the past, that we have no Cuban Liberty and Democratic Solidarity Act zationsÐvisits in other words whose legal ten- moral grounds that would allow us to single of 1995. We must stand tough on Castro. der was information, not hard currencyÐwere out Cuba for this trade embargo. We continue His recent reprehensible act is a testament in our national interest, since they undermined to have trade relations with North Vietnam, to his madness. On February 25, 1996, he rather than buttressed the Castro regime. China, and North Korea, countries with politi- gave orders to shoot down two Cessna planes Now this bill omits all exceptions to civil cal systems different than ours. operated by the American humanitarian group, penalties in the Trading With the Enemy Act The current United States policy toward Brothers to the Rescue. His orders were suc- and removes the administrative due process Cuba does not have the support of the world cessfully carried out and four Americans were provision we wrote into the TWEA, undermin- community. The majority of our allies do not killed. These men could not have defended ing the fairness and credibility of civil sanc- believe the trade embargo is an effective or themselves against a hostile aggressor even if tions. wise vehicle for dealing with Cuba, and tight- they had wanted to. Castro's ignoble action I believe the Government should err on the ening the embargo will only further damage was as pathetic as it was wrong. This sense- side of liberally interpreting American's right to our relationships with our allies. Specifically, less act of violence must be condemned in the travel abroad, particularly when it serves our permitting suits against foreign companies that strongest possible terms. The Cuban Liberty national interests. This legislation does not invest in Cuba will infringe on the sovereignty and Solidarity Act is in fact a condemnation of serve those interests and therefore I cannot of other countries, and interfere with their the Castro regime. support this bill. trade decisions. We must call on the President to organize Mr. SERRANO. Mr. Speaker, today we will Finally, and most importantly, any tightening an international embargo on Cuba and we be taking a final vote on the conference report of the embargo will increase the suffering of must tighten our current embargo. This bill for the so-called Cuban Liberty and Demo- the Cuban people. We all recognize that a ter- also protects the rights of U.S. citizens and cratic Solidarity Act. Unfortunately, our consid- rible tragedy in the shooting of the Brothers to businesses by allowing them to sue parties eration of this legislation is occurring after the the Rescue aircraft has occurred, but we need who knowingly and intentionally traffic in con- tragic shooting down of the two Brothers to to move forward in developing a constructive fiscated U.S. property. We cannot allow Cas- the Rescue aircraft. Although the content of relationship with Cuba. Passage of this con- tro to infringe on the rights of U.S. citizens, or this legislation and this recent tragedy should ference report will move our country's foreign on the rights of his own people. The most heartwrenching example of his not be linked, we are today creating a false policy even further in the wrong direction. We control is the state of affairs of the people of linkage between the two. This prevents us should instead vote against this bill and begin Cuba. Their aspirations and cries for freedom from carefully weighing the negative impact the process of building a peaceful and produc- and democracy remain unacknowledged and that passage of this legislation will have on tive relationship with Cuba. our foreign policy and on the Cuban peopleÐ as follows, unanswered. Mr. MANTON. Mr. Speaker, I rise in strong Cuba's liberalization is an impossibility with who will only suffer more with the tightening of support for the conference report on H.R. 927, Castro controlling the reins. He is a despot the economic embargo. Passage of this legis- the Cuban Liberty and Democratic Solidarity with little to do but punish men and women lation today is not the correct response to this Act. who have tenaciously championed the cause tragedy. Mr. Speaker, on February 24 Castro or- for freedom through vigilant, assertive, non- The United States should not permit the dered the downing of unarmed aircraft flying violent actions. Not only has he killed four reckless acts of private citizens to dictate our over international waters, murdering all those American citizens but in the process he has foreign policy. Earlier concerns expressed by aboard, including three United States citizens also ignored the will of his people. The people this administration should not be ignored sim- who were committed to promoting peace and of Cuba do not possess the means to hold ply because this tragedy occurred. The Helms- freedom in Cuba. This blatant violation of Castro responsible for his actions, so we must Burton legislation is an extreme bill that con- international law and wanton disregard for do what they cannot. We must hold Castro ac- tinues and strengthens diplomatic policies that human life only reaffirms that Castro will stop countable for his actions. have never been successful. The existing at nothing to cling to power and suppress free- Mr. ACKERMAN. Mr. Speaker, I rise in Cuban embargo has failed to cause any dom in Cuba. strong support of the conference report to ac- change in Cuba's government. Passage of All across Eastern Europe, we have wit- company H.R. 927, the Cuban Liberty and even stricter sanctions against Cuba will not nessed the dramatic collapse of communism. Democratic Solidarity Act. move Cuba any further toward a change in The seeds of democracy are taking hold, and The shooting down of unarmed U.S. civilian government. a people long oppressed by totalitarian rule aircraft over the Florida Straits is the heinous This conference report retains the troubling are awakening to the promise of freedom and and unforgivable act of a rouge regime that ig- provisions that make liable for damages in self-determination. Yet just 90 miles from the nores international law. Such wanton dis- U.S. courts individuals or companies, including shores of the greatest and oldest democracy regard for human life cannot go unanswered. H 1748 CONGRESSIONAL RECORD — HOUSE March 6, 1996

Today, Congress is responding in the form respect for their views, particularly BOB these extremists by the President and con- of the Cuban Liberty and Democratic Solidarity MENENDEZ, LINCOLN DIAZ-BALART, AND ILEANA gressional leaders. I urge my colleagues to re- Act. The bill sends a clear signal to Cuba by ROS-LEHTINEN. ject it, though I know they will not. strengthening the United States embargo of Accordingly, my decision to vote ``no'' is a This bill will do nothing to encourage Cuba's Cuba, authorizing assistance for democratic difficult one given the support to have always transition to democracy. In fact, the opposite elements within Cuba, directing the President given President Clinton and the Cuban-Amer- will be the case. By continuing and tightening to prepare to support a transition to demo- ican community. the fruitless embargo against Cuba, we are cratic government in Cuba, and increasing Mr. KIM. Mr. Speaker, I rise today in strong strengthening the Castro regime's only re- protection for the rights of United States na- support of the conference report to H.R. 927, maining claim to legitimacy. The losers are the tionals whose property has been illegally con- the Cuban Liberty and Democratic Solidarity Cuban people. The winners are Castro and fiscated in Cuba. [Libertad] Act of 1995. The recent shoot down his henchmenÐwho will remain in power not Mr. Speaker, some have raised objections of two unarmed civilian planes by Cuban Air only in spite of but because of the embargoÐ that this bill will impinge on our allies' ability to Force MiG's clearly underscores the continued and United States politicians eager to pander trade with Cuba and that it will only strengthen hostile focus of the Castro dictatorship and the to the Cuban exile vote in Florida. Fidel Castro's ability to retain power. I do not need for stronger pressure to bring it down. The contrast between United States policy believe that we should reward the murderer of Castro's irresponsible and unnecessary viola- toward Cuba and our Government's stance to- four American citizens by relaxing the current tions of international law must be dealt with in ward the brutal and geriatric communist lead- embargo. We should, and we will, strengthen the strongest terms possible. H.R. 927 does ers of China is stark. Despite China's well- the embargo and strangle the Castro regime. just that. documented human rights abuses, its unfair Mr. Speaker, I urge my colleagues to sup- As a strong supporter of former-President trade practices and its policy of exporting dan- port H.R. 927 and strike a blow for the free- Reagan's foreign policy creedÐ``peace gerous arms to terrorist regimes around the dom of Cuba. through strength''ÐI am constantly surprised world, this Congress and the President insist Mr. FUNDERBURK. Mr. Speaker, there can by the lack of vision this administration has in on giving China favored nation trade status. be no compromise in dealing with Fidel Cas- the foreign policy arena and how frequently Chinese belligerence and intransigence is not tro. We must make sure that the Helms-Burton American military and civilian lives are put in only tolerated by our Government, but re- Cuban liberty bill passes as soon as possible harm's way. The concessions given to North warded. Yet the impoverished nation of Cuba so we can tighten the embargo on Cuba. We Korea in the agreed framework and the ill-ad- is deemed to be such a threat to our shores can have no sympathy for those who would be vised involvement of United States forces in that the most punitive sanctions are justified. Haiti and Bosnia are just a few of the exam- inconvenienced because they choose to make This bill is hypocrisy and pandering at its ples of foreign policy decisions with which I a profit over conscience. We must penalize worst. It should be rejected. those who would traffic in stolen American have serious concerns. This is not peace Mr. COYNE. Mr. Speaker, I rise today in op- property. If the Helms-Burton Cuban liberty bill through strengthÐit's danger through ap- position to the Cuban Liberty and Democratic is a violation of NAFTA as claimed by the Ca- peasement. The administration's recent kow- Solidarity Act. nadian Foreign Minister, maybe it is time for towing to Cuba and the resulting aggression I strongly condemn Cuba and Castro's rep- the United States to withdraw from that and by Castro's military further underscores my rehensible and inexcusable actions in shooting any other organization that prevents the Unit- concern about this administration's lack of di- down two unarmed American civilian aircraft ed States from pursuing its national interests. rection. Mr. Speaker, we must demand the Castro's Ironically, since the beginning of his term in recently. This was an unacceptable act that no Cuba abide by international law that stipulates office, President Clinton has attempted to civilized nation can condone. It was a clear that a national air space be set at 12 miles. weaken the U.S. embargo on Fidel Castro's and blatant violation of international law. Our We must not allow Castro's armed thugs to Communist government. This dramatic shift in hearts go out to the families and friends of the grossly expand their national air space to the policy has turned on its head the longstanding victims of this tragedy. 24th parallel. We must make the Castro re- efforts of six previous, bipartisan administra- Nevertheless, while I abhor Cuba's action, I gime realize that any attack on civilian aircraft tion policies of standing firm against the 36- oppose this bill because I believe that enact- outside Cuba's 12 mile borders would be met year old dictatorship in Cuba. H.R. 927 re- ment of the Cuban Liberty and Democratic with military force. To make this point clear, sponsibly reverses President Clinton's ill-ad- Solidarity Act is not in the United States's na- we should start by flying combat air patrols vised appeasement policy by codifying the ex- tional interest, and that our national interest well south of the 24th parallel. Maybe we can isting embargo against Cuba. It also strength- and our efforts to promote democracy and teach Castro's armed thugs the same lesson ens efforts to achieve international sanctions, human rights in Cuba must take precedence that we taught Kadafi a few years back. provides assistance to democratic opposition over our anger and revulsion at this cowardly Mr. RICHARDSON. Mr. Speaker, after much and human rights groups and protects U.S. in- act. consideration, I find that I must vote against terests in illegally confiscated property. By The Cuban Liberty and Democratic Solidar- this bill. My decision is based primarily on my passing H.R. 927, Congress ensures that the ity Act of 1995 is intended to increase the eco- belief that this is an intrusion on the Presi- United States continues the longstanding nomic pressure on Cuba in the belief that ad- dent's prerogative to conduct foreign policy. ``peace through strength'' approach in dealing ditional hardships imposed on the Cuban peo- This bill restricts Presidential authority and with the Castro dictatorship. This policy has ple will produce additional dissatisfaction with flexibility by codifying the embargo into law. proved the most reliable when facing such the Castro regime and accelerate its downfall. The Helms-Burton conference report contains rogue regimes. It is for these reasons that I The problem with this reasoning is that in a provision requiring the President to seek ap- strongly support H.R. 927 and commend many ways it plays into Castro's hands by al- proval of both the House and Senate before President Clinton for finally recognizing the im- lowing him to blame the Cuban people's suf- changing any aspect of the current embargo. portance of this legislation. I am only sorry fering on foreign enemiesÐnamely, the United This is an unacceptable infringement on Presi- that it took the lives of four innocent civilians States. Sanctions like these provide Castro dential authority. to do so. with a convenient scapegoat for the failings of Further, this bill will interfere with the prin- Mr. DEFAZIO. Mr. Speaker, I certainly de- his unsustainable regime. ciples of free trade, exemplified by the North plore the Cuban Government's decision to The best way to replace Castro's dictator- American Free Trade Agreement, an issue shoot down unarmed civilian aircraft. It was ship with a democratic form of self-govern- dear to my heart. Canada, Mexico, and Carib- unconscionable and outrageous. However, our ment and a market economy is though en- bean nations have already expressed their Government bears some blame for failing to gagement, not isolation. The United States concerns for this infringement of their sov- fulfill its obligation to keep U.S. civilian aircraft should be engaging the Cuban people. This ereignty. from conducting harassing raids into foreign legislation will alienate them. It will shore up I must convey however, that I did strongly airspace from U.S. soil. But that's not the Castro by allowing him to fan the flames of consider voting for this bill as a sign of protest issue here. The issue is what kind of policy Cuban nationalism against the United States. against the downing of the two Hermanos al will bring Cuba into the fold of democratic na- I believe that the most effective tool for foster- Rescate planes. That was an indefensible act, tions. ing democracy and human rights and eco- and I feel sadness for the people who were In this case, United States foreign policy nomic development in Cuba is exposure of the killed and their families. In addition, this is an has been hijacked by a small population of citizens of Cuba to free democratic societies. emotional, and enormously important issue for right-wing Cuban exiles in Miami. The bill be- I urge my colleagues to reconsider this action my Cuban-American friends, and I have deep fore us represents a complete surrender to and vote no on the conference report. March 6, 1996 CONGRESSIONAL RECORD — HOUSE H 1749 The SPEAKER pro tempore (Mr. Mascara Poshard Stenholm PERSONAL EXPLANATION Matsui Pryce Stockman WING E ). Without objection, the pre- McCollum Quillen Stump Mrs. CLAYTON. Mr. Speaker, during vious question is ordered. McCrery Quinn Stupak rollcall vote No. 47 on H.R. 927 I was There was no objection. McDade Radanovich Talent unavoidably detained. Had I been The SPEAKER pro tempore. The McHugh Rahall Tanner McInnis Ramstad Tate present, I would have voted ‘‘no.’’ question is on the conference report. McIntosh Regula Tauzin f The question was taken; and the McKeon Riggs Taylor (MS) Speaker pro tempore announced that McNulty Rivers Taylor (NC) PERSONAL EXPLANATION the ayes appeared to have it. Meehan Roberts Tejeda Meek Roemer Thomas Mrs. COLLINS of Illinois. Mr. Speaker, this Mr. BURTON of Indiana. Mr. Speak- Menendez Rogers Thompson afternoon, March 6, 1996, I was unavoidably er, I object to the vote on the ground Metcalf Rohrabacher Thornberry absent for rollcall vote 47, on final passage of that a quorum is not present and make Meyers Ros-Lehtinen Thornton Mica Rose Thurman H.R. 927, the Cuban Liberty Act conference the point of order that a quorum is not Miller (FL) Roth Tiahrt report, because I had to go to my ophthalmol- present. Molinari Roukema Torkildsen ogist for an emergency procedure. The SPEAKER pro tempore. Evi- Mollohan Royce Torricelli Montgomery Salmon Traficant Had I been present, I would have voted dently a quorum is not present. Moorhead Sanford Upton ``no.'' The Sergeant at Arms will notify ab- Murtha Saxton Visclosky sent Members. Myers Scarborough Volkmer f Myrick Schaefer Vucanovich The vote was taken by electronic de- Neal Schiff Waldholtz b 1515 vice, and there were—yeas 336, nays 86, Nethercutt Schumer Walker answered ‘‘present’’ 1, not voting 9, as Neumann Scott Walsh GENERAL LEAVE follows: Ney Seastrand Wamp Norwood Sensenbrenner Ward Mr. HAYWORTH. Mr. Speaker, I ask [Roll No. 47] Nussle Shadegg Watts (OK) unanimous consent that all Members YEAS—336 Ortiz Shaw Weldon (FL) may have 5 legislative days within Orton Shays Weldon (PA) which to revise and extend their re- Ackerman Cubin Hansen Oxley Shuster Weller Allard Cunningham Hastert Packard Sisisky White marks and to include extraneous mate- Andrews Danner Hastings (FL) Pallone Skeen Whitfield rial on the conference report just Archer Davis Hastings (WA) Parker Skelton Wicker adopted. Armey de la Garza Hayes Paxon Smith (MI) Wilson Bachus Deal Hayworth Peterson (FL) Smith (NJ) Wise The SPEAKER pro tempore (Mr. Baesler DeLay Hefley Peterson (MN) Smith (TX) Wolf EWING). Is there objection to the re- Baker (CA) Deutsch Hefner Petri Smith (WA) Young (AK) quest of the gentleman from Arizona? Baker (LA) Diaz-Balart Heineman Pickett Solomon Young (FL) There was no objection. Baldacci Dickey Herger Pombo Souder Zeliff Ballenger Dicks Hilleary Pomeroy Spence Zimmer f Barcia Dingell Hilliard Porter Spratt Barr Doggett Hobson Portman Stearns REPORT ON RESOLUTION PROVID- Barrett (NE) Doolittle Hoekstra Bartlett Dornan Hoke NAYS—86 ING SPECIAL AUTHORITIES TO Barton Doyle Holden Abercrombie Harman Pastor COMMITTEE ON GOVERNMENT Bass Dreier Horn Barrett (WI) Hinchey Payne (NJ) REFORM AND OVERSIGHT TO OB- Bateman Duncan Hoyer Becerra Hostettler Payne (VA) Bentsen TAIN TESTIMONY ON THE WHITE Dunn Hunter Beilenson Houghton Pelosi Bereuter HOUSE TRAVEL OFFICE MATTER Durbin Hutchinson Berman Jackson (IL) Rangel Bevill Edwards Hyde Bonior Johnson (CT) Reed Bilbray Mrs. WALDHOLTZ, from the Com- Ehlers Inglis Boucher Johnson, E. B. Richardson Bilirakis mittee on Rules, submitted a privi- Ehrlich Istook Brown (CA) Johnston Roybal-Allard Bishop Emerson Jackson-Lee Campbell Kennedy (MA) Rush leged report (Rept. No. 104–472) on the Bliley Engel (TX) Clay Kleczka Sabo resolution (H. Res. 369) to provide to Blute English Jacobs Conyers LaFalce Sanders Boehlert the Committee on Government Reform Ensign Jefferson Coyne Lewis (GA) Sawyer Boehner Everett Johnson (SD) DeFazio Lincoln Schroeder and Oversight special authorities to ob- Bonilla Ewing Johnson, Sam DeLauro Lofgren Serrano tain testimony for purposes of inves- Bono Fawell Jones Dellums Lowey Skaggs Borski tigation and study of the White House Fazio Kanjorski Dixon Markey Stark Brewster Travel Office matter, which was re- Fields (LA) Kaptur Dooley McDermott Studds Browder Fields (TX) Kasich Eshoo McHale Torres ferred to the House Calendar and or- Brown (FL) Filner Kelly Evans McKinney Towns dered to be printed. Brown (OH) Flanagan Kennedy (RI) Farr Miller (CA) Velazquez Brownback Foley Kennelly Fattah Minge Vento f Bryant (TN) Forbes Kildee Flake Mink Waters Bunn Ford Kim Foglietta Moakley Watt (NC) SPECIAL ORDERS Bunning Fowler King Frank (MA) Moran Waxman Burr The SPEAKER pro tempore (Mr. EV- Fox Kingston Furse Morella Williams Burton Franks (CT) Klink Gejdenson Nadler Woolsey ERETT). Under the Speaker’s announced Buyer Franks (NJ) Klug Gibbons Oberstar Wynn policy of May 12, 1995, and under a pre- Callahan Frelinghuysen Knollenberg Hall (OH) Obey Yates Calvert vious order of the House, the following Frisa Kolbe Hamilton Olver Camp Frost LaHood Members will be recognized for 5 min- Canady Funderburk Lantos ANSWERED ‘‘PRESENT’’—1 utes each. Cardin Gallegly Largent Owens Castle Ganske Latham f Chabot Gekas LaTourette NOT VOTING—9 The SPEAKER pro tempore. Under a Chambliss Gephardt Laughlin Chenoweth Geren Lazio Bryant (TX) Clayton McCarthy previous order of the House, the gen- Chrysler Gilchrest Leach Chapman Collins (IL) Slaughter tleman from Florida [Mr. BILIRAKIS] is Clement Gillmor Levin Christensen Collins (MI) Stokes recognized for 5 minutes. Clinger Gilman Lewis (CA) Clyburn Gingrich Lewis (KY) b 1513 [Mr. BILIRAKIS addressed the House. His remarks will appear here- Coble Gonzalez Lightfoot Mr. WYNN and Ms. FURSE changed Coburn Goodlatte Linder after in the Extensions of Remarks.] Coleman Goodling Lipinski their vote from ‘‘yea’’ to ‘‘nay.’’ Collins (GA) Gordon Livingston Ms. RIVERS changed her vote from f Combest Goss LoBiondo ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. Under a Condit Graham Longley Cooley Green Lucas So the conference report was agreed previous order of the House, the gen- Costello Greenwood Luther to. tleman from Indiana [Mr. BURTON] is Cox Gunderson Maloney The result of the vote was announced recognized for 5 minutes. Cramer Gutierrez Manton as above recorded. [Mr. BURTON addressed the House. Crane Gutknecht Manzullo Crapo Hall (TX) Martinez A motion to reconsider was laid on His remarks will appear hereafter in Cremeans Hancock Martini the table. the Extensions of Remarks.]