Mr. Chairman, I make a point of order. Mr. Chairman, I make a point of order that section 945 of H.R. 3058 is in violation of clause 2 of rule XXI. That rule precludes changes in existing law from being report in a general appropriation…
Mr. Chairman, I make a point of order.
Mr. Chairman, I make a point of order that section 945 of H.R. 3058 is in violation of clause 2 of rule XXI.
That rule precludes changes in existing law from being report in a general appropriation bill. The section directly amends the Fair Credit Reporting Act, an Act within the jurisdiction of the Committee on Financial Services regarding the use of credit reports.
The section beginning on page 222, line 23, through 223, line 20, clearly constitutes legislation on an appropriations bill.
I would note further that House Resolution 342, the rule providing for consideration of the bill, did not waive points of order under clause 2 rule XXI against this section.
I would urge the Chair to sustain the point of order.
Mr. Chairman, this issue has been debated at length by the House. There was a similar amendment that was debated at length. It was rejected by the membership of this House by a significant vote. In this case today on an appropriations bill, legislating this issue, that has been debated and rejected in an appropriate forum, this is not clearly an appropriate forum. I reiterate my point of order.
Mr. Chairman, I reserve a point of order on the amendment.
Point of order, Mr. Chairman.
Is debate supposed to be on the point of order?
Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriation bill and therefore violates clause 2 of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order if changing existing law.'' The amendment at hand requires a new determination. And so I make the point of order against this amendment.
We will have discussion today, Mr. Chairman, on the right of all the people of Cuba to be free and the right for them not to have families divided. They pray every day for freedom, and they work for it. We will have that debate. But not on amendments that violate the rules of this House.
I ask for a ruling from the Chair.
Mr. Chairman, I rise to claim the time in opposition to the amendment.
Mr. Chairman, I yield 3 minutes to the distinguished gentleman from New Jersey (Mr. Menendez).
(Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, some may ask why the Cuban American community overwhelmingly not only supports these measures to limit resources to the terrorist regime, but elects Members, each and every Member, Cuban American Member whether they are Republicans or Democrats, who also agree with the overwhelming majority of the Cuban American community on measures to limit resources to the terrorist regime.
Among the reasons for that, obviously, it is because it is a terrorist regime, an anti-American terrorist regime, that oppresses the Cuban people and has done so for 46 years; but also because Cuban Americans know that freedom never comes free. The only country in the world that has the benefit of a law here in the United States that says one reaches soil in the United States and they are treated like a political asylee are Cubans. And with those great privileges, the great privilege of the Cuban Adjustment Act, come responsibilities.
If one is from any other country in the world, as the gentleman from New Jersey (Mr. Menendez) said, and they are a political asylee, they cannot go back once every 3 years. They cannot go back, period, until the political situation changes in the country they have left. But Cubans not only are treated, and rightfully so, because they are fleeing a Communist tyranny in this hemisphere, as though they were jumping over the Berlin Wall, they are treated as political asylees, but they can go back and visit family every 3 years; whereas from any other country in the world, political asylees cannot.
So, at this point, I would say this is a very serious issue, but suffice it to say that it is not by chance that all the Cuban American Members of this House and the overwhelming majority of the community support all of these measures to limit resources from the terrorist regime.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield the balance of my time to the gentlewoman from Florida (Ms. Ros-Lehtinen), the distinguished leader and Member from the International Relations Committee.
Mr. Chairman, the reason that President Bush implemented these regs, the reason we have an embargo is because we want the political prisoners freed, because we want political parties legalized, labor unions legalized, the press legalized, and elections scheduled, and we want to retain the leverage of those billions of dollars in travel until the dictatorship releases political prisoners. And you know something, yes, there is pain involved in the Cuban tragedy. But the pain comes from the tragedy of the dictatorship and not because of our policies.
Mr. Chairman, will the gentleman yield?
Did the gentleman not hear when I spoke 10 seconds ago?
Mr. Chairman, I reserve a point of order on Mr. Flake's amendments. He has got, I believe, eight of them, and I am not sure if all of them are consistent with the rules of the House. So what I would like to do because I do know that some at least or at least another one is not, I reserve a point of order on Mr. Flake's amendments.
Mr. Chairman, again, I was not aware of which of the multiple amendments that the gentleman from Arizona (Mr. Flake) has filed he was going to bring up at this time. My understanding is that this particular amendment, of the many that he has filed, is in order. So I look forward to the debate.
Mr. Chairman, I withdraw the reservation of the point of order.
Mr. Chairman, I yield myself such time as I may consume.
My understanding of this, of the many amendments that Mr. Flake has filed with regard to matters that would increase currency to the regime, this amendment states that he wants to tie the President's hands from issuing any further regulations that could have the effect of changing the current regulation that does permit religious travel to Cuba. So I want it to be clear, there is currently a category in U.S. law that permits travel for religious purposes to Cuba.
What the gentleman from Arizona (Mr. Flake) is saying is, well, I do not know if in the future the President could do something that I disagree with, and so I want to prohibit something the President may do in the future with this amendment. For example, the regime, colleagues, I am sure are aware of the fact, has had about 15 spies arrested in the United States in the last 3 or 4 years. If the administration should find that the religious travel category were being utilized to either train spies or intensify the efforts of Cuban state security against the United States, this amendment would prohibit the President from issuing, in effect, further regulations on that.
Religious travel is legal. That is not being debated at this time. What the gentleman from Arizona (Mr. Flake) is saying is that he wants to tie the hands of the President in the future with regard to one of the six remaining terrorist states in the world. It is wrong. We should not tie the President's hands, and so I oppose the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute
to the gentleman from New Jersey (Mr. Menendez).
(Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield the balance of my time to the gentlewoman from Florida (Ms. Ros-Lehtinen).
Mr. Chairman, I rise to claim the time in opposition to the amendment.
Mr. Chairman, it is interesting how amendments make themselves to the floor, find their way to the floor with regard to the Cuban terrorist dictatorship, with language of freedom, talking about education, talking about reunification, talking about students.
Over 100 pro-democracy activists, leaders in Cuba met last month at great risk to their lives and to their families' lives, and they met publicly for the first time in 46 years. They held a convention. Many of them were not permitted to arrive. State security kept them in their homes, threw them in prison, but over 100 did arrive at the convention.
They met there and for the first time in 46 years they had elections and they elected leaders of the prodemocracy movement. They issued positions calling for the release of political prisoners and democracy, free elections. And they sent us a letter, Mr. Chairman, signed June 24, the three leaders of the Assembly to Promotes Civil Society.
They asked us in this letter with great respect for the decisions of a sovereign Congress, to reject each and every amendment that was going to be presented this week, either completely or partially eliminating sanctions against the dictatorship. And the dictator, Mr. Chairman, has gone on his state television, obviously, the only channel that belongs to him, and has said, ``A severe response'' awaits those mercenaries.
The omnipotent, totalitarian dictator, Mr. Chairman, until one day, omnipotent, goes on television and says ``a severe response'' awaits. The Cuban people know what that means. At any moment these leaders or their families will be thrown in dungeons and subjected to the torture that thousands of political prisoners are subjected to in Cuba each day and hundreds of thousands have been subjected to for 46 years.
Now, this letter, should we give it the credence and authority and respect that its courage, its heroism demands? I believe we should. This is a very serious issue. We have a policy to help the Cuban people and not the jailers of the Cuban people, not the oppressors of the Cuban people.
Mr. Chairman, how much time is remaining?
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the distinguished gentlewoman from Florida (Ms. Ros-Lehtinen).
Mr. Chairman, how much time is remaining?
Mr. Chairman, I yield 1 minute
to the gentleman from Florida (Mr. Mario Diaz-Balart).
Mr. Chairman, I yield myself the remaining time.
I would ask all of colleagues who may be watching this debate to realize this is a very serious issue, that the policy of the United States is a well-thought through policy. It permits travel for educational reasons, humanitarian reasons, family reasons. There are 13 categories of legal travel.
Remember, it is terrorist state that has shot down Americans just years ago, that has the head of its air force indicted for murder of American citizens, shot down over the straits of Florida. It has the head of its navy indicted for drug trafficking. It is a terrorist state, one of six remaining states.
So these are serious issues. We must keep this policy to deny hard currency to the regime while permitting the 13 categories of legal travel.
Mr. Chairman, I claim time in opposition, and I yield myself such time as I may consume.
Mr. Chairman, just 2 years ago three young men, three young black Cubans, tried to leave Cuba to come to the United States for a better life; obviously fleeing the oppression of the totalitarian regime. They were captured by the dictatorship and, under orders of the dictator, they were summarily executed.
The distinguished gentleman from New York at that time stated, and I saw his quote in a New York newspaper, La Prenza, ``I am shocked,'' he said. ``There is nothing that the Cuban government could tell me that would interest me. It is totally incredible that a government would justify this type of action. The execution of these people puts an end to any possible discussion there could have been.''
Now, that was 2 years ago. What we have seen in the interim, further repression, further torture of political prisoners, and, just in the last 2 months, more than 500 young men, over 90 percent of them black, have been rounded up by the dictatorship in Cuba and thrown in prison under what is known as preventive, preventive detention. And they are thrown in the most brutal of gulags under the concept of preventive detention.
That is what is new since the author stated that he was shocked. Also what is new, what is current, is that there are indictments at this time against the head of the Air Force of the Cuban dictatorship for murder of American citizens, indictments at this time for drug trafficking against the head of the navy of the Cuban dictatorship; that 15 spies of the dictatorship have been sent to prison in the United States in the last year alone for spying against American interests. That is what is new. What would be rewarded, in effect, Mr. Chairman, by the amendment if it were to pass.
This is a normalization of relations amendment that would reward the most brutal conduct by the only dictatorship in the Western Hemisphere. I ask our colleagues to reject it.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentleman from Florida (Mr. Mack).
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, the previous speaker asked as to the relevance of the fact that the dictator had summarily executed three young black Cubans 2 years ago. It is quite relevant and it is quite consistent with the fact that the dictator has consistently embarked on policies of hatred against the Cuban people, especially the black people of Cuba, which should not surprise anyone, because at the end of the 19th century, his father was sent to Cuba as a member of the Spanish Army that was fighting against Cuba. He is, in effect, the historical revenge of Spanish colonialism.
And, yes, the prisons are full of young men and women, especially young black men, that he summarily rounds up and puts under preventive detention. This is a very relevant issue, Mr. Chairman. It is very relevant. The oppression of the Cuban people and the hatred of the dictator against the Cuban people, especially the black people, it is very relevant.
Mr. Chairman, I yield the balance of my time to the gentleman from New Jersey (Mr. Menendez).