[Congressional Record Volume 143, Number 101 (Wednesday, July 16, 1997)]
[Extensions of Remarks]
[Pages E1439-E1440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  SUPPORT THE LIBERTAD ENFORCEMENT ACT

                                 ______
                                 

                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                        Wednesday, July 16, 1997

  Mr. McCOLLUM. Mr. Speaker, today the President served notice that he 
will waive key provisions of the LIBERTAD Act, otherwise known as 
Helms-Burton. This legislation had three significant provisions. First, 
it codified all existing Cuban embargo Executive orders and 
regulations. It denies admission to the United States to aliens 
involved in the confiscation of United States property or the 
trafficking of confiscated property in Cuba. Finally, title III of the 
act allows United States nationals to sue for money damages in U.S. 
Federal court those persons that traffic in United States property 
confiscated in Cuba when Castro took over. Essentially, Congress 
intended to let U.S. corporations and individuals who own property 
confiscated by Fidel Castro to recover the unjust enrichment from 
corporations of other countries who have been managing

[[Page E1440]]

and making a profit on these properties. The President was given the 
authority to waive this last provision in exceptional circumstances if 
it would expedite the transition to democracy in Cuba and if it were in 
the national interest of the United States.
  Unfortunately, the President has somehow come to the ridiculous 
conclusion that waiving the provision allowing suits to be filed has 
expedited the transition to democracy. As far as I can tell, there are 
absolutely no signs of democracy in Cuba. There is, in fact, no 
transition to expedite. Furthermore, U.S. nationals continue to suffer 
the loss of their property, now being used for profit by Castro and 
businesses of our trading allies. Apparently the President believes 
this is in our national interest--helping our European allies, Canada 
and Mexico profit at the expense of United States nationals. This is 
outrageous.
  Mr. Speaker, as a result of this continued charade by the President, 
I am introducing legislation that will allow Helms-Burton to go into 
full effect despite the President's continued caving to pressure from 
our allies. Our colleagues, Mr. Burton, Mr. Goss, Mr. Gilman, Mr. Diaz-
Balart, Mrs. Ros-Lehtinen Mr. Solomon, Mr. Livingston, Mr. Cox, and Mr. 
Ballenger, are also joining in this effort. The bill is the LIBERTAD 
Enforcement Act, which would repeal the waiver authority granted to the 
President in the original Helms-Burton legislation. It is clear that 
the President has abused his authority, waiving critical provisions of 
Helms-Burton without making even a remotely convincing case that it is 
expediting democracy in Cuba or that it is in our national interest. 
Therefore, the authority should be repealed.

  Let me explain why the repeal of the waiver authority is so 
important. Cuba has been under a dictatorship for about 38 years now. 
Castro's dictatorship makes a mockery of human rights and it is an 
absolute disgrace that we allow this to happen 90 miles from my home 
State of Florida. We need to end this situation, and we should have 
done so long ago. The biggest problem facing us is no mystery at all. 
It is our allies in Europe, Canada, and Mexico who sustain Castro's 
regime through continued economic activity. These accomplices have 
continued to argue that their involvement was used as leverage against 
Castro and his tyrannical regime to improve human rights and promote 
democracy in Cuba. To date, these efforts have had zero success. In 
fact, the economic relationships of their businesses have not only 
profited these foreign corporations at the expense of American owners 
of Cuba property, but also hurt efforts to end Castro's dictatorship. 
The continued flow of hard currency into the island has helped Castro 
maintain an otherwise difficult situation. The threat of Helms-Burton 
enforcement has at least forced some lip service from our allies about 
human rights and democracy in Cuba. Unfortunately, the President has 
received little more from them than that as he continues to bow to our 
allies' pressures to waive the right to file lawsuits against those who 
traffic in confiscated property.
  It is these lawsuits that would curtail some, certainly not all, of 
the trade activity in Cuba. The cost and potential penalties involved 
in these suits would make dealing in stolen goods less appealing. It is 
this hit in the purse that will force our allies to confront the 
reality of abuses in Cuba. If their bottom line is affected, maybe then 
our allies would do the right thing in Cuba and end their trafficking 
in stolen property while working more effectively toward democracy.
  Mr. Speaker, I would like to stress that that is all we are talking 
about here. This is not whether people trade with Cuba. That is another 
topic for another day. This is only about dealing in stolen U.S. 
property--otherwise known as unjust enrichment. It is our obligation to 
ensure that property rights of U.S. citizens is protected. I realize 
that this is not a situation unique to Cuba. There are other countries 
around the world that share similar problems which also need to be 
addressed. We should work for a multilateral agreement recognizing 
unjust enrichment rights of owners of confiscated property. However, 
Cuba's natural relationship (geography, culture, etc.) to the United 
States is unique. Therefore, we must take unparalleled steps against 
this practice now. That is what Helms-Burton was all about.

  Helms-Burton was designed to make tough action a reality. For 
whatever reason, the President has continued to kowtow to European 
pressure and eviscerate the legislation by waiving title III for 
patently phony reasons. This outrageous practice must stop. I urge my 
colleagues to support the LIBERTAD Enforcement Act.

                          ____________________