Elijah Cummings

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. CUMMINGS

Mr. CUMMINGS. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may consume. I am pleased to join my colleagues in supporting H.R. 3004, which designates the facility of the United States Postal Service located at 260 California Drive in Yountville, California, as the Private First Class Alejandro R. Ruiz Post Office Building. This measure was introduced on September 21, 2011, by our colleague from California, Representative Mike Thompson, and has been cosponsored by all members of the California delegation. H.R. 3004 was favorably reported out of the House Oversight and Government Reform Committee on November 3, 2011. Alejandro R. Ruiz served his country valiantly for nearly 20 years, reaching the rank of master sergeant by the time of his retirement. Born in New Mexico, Mr. Ruiz served our Nation with exceptional courage and valor. During service in World War II, his unit, the 27th Infantry Division of the 165th Infantry, was ambushed by Japanese troops sheltered in a camouflaged pillbox on Okinawa. Private First Class Ruiz grabbed an automatic rifle and charged forward through a storm of bullets and grenades. As an enemy soldier rushed toward him, his weapon jammed. After clubbing the enemy with the butt of his rifle, Private First Class Ruiz grabbed a different rifle, charged the pillbox and killed 12 enemy soldiers stationed inside. He was awarded the Congressional Medal of Honor for his actions. Mr. Ruiz died on November 23, 2009, of heart failure in Yountville, California. He was 85 years old. I ask that we pass H.R. 3004 to honor Alejandro Ruiz' heroic actions in defense of our Nation as well as the long and productive life he lived thereafter. I reserve the balance of my time.

Mr. CUMMINGS. I yield 3 minutes to the gentleman from California and sponsor of the bill, Congressman Mike Thompson.

Mr. CUMMINGS

Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may consume. As the ranking member of the Committee on Oversight and Government Reform, I'm pleased to join my colleagues in supporting H.R. 2079, a bill to designate the facility of the United States Postal Service located at 10 Main Street in East Rockaway, New York, as the John J. Cook Post Office. The measure before us was introduced by Representative Carolyn McCarthy on June 1, 2011. In accordance with committee requirements, H.R. 2079 is cosponsored by all members of the New York delegation. It was reported out of the Oversight Committee by unanimous consent on November 3, 2011. H.R. 2079 honors John J. Cook, a man who worked for more than 60 years with our Nation's postal service. Mr. Cook began working for what was then the United States Postal Department on January 8, 1944, after returning from service in World War II. From 1948 until his retirement in 2004, he walked the same route 6 days a week, with neither snow nor sleet nor rain preventing him from completing his appointed duties. Mr. Cook was a fixture of the East Rockaway community, known and beloved by all. Even now, 7 years after his retirement, East Rockaway residents fondly recall Mr. Cook's kindness and empathy as a public servant. By all accounts, he went above and beyond the call of duty to serve his neighbors. His professionalism, courtesy, and dedication to the job made him a model letter carrier. After 60 years and 4 months of faithful service to the United States Postal Service, Mr. Cook passed away in 2005 at the age of 78. Mr. Cook's career is a stunning example of what our dedicated postal workers contribute to our communities. Even as the postal service faces severe financial and operational strains, we must never forget that the service's success depends on the dedication of employees like John Cook. Madam Speaker, I ask that we pass H.R. 2079 in recognition of Mr. John J. Cook's commitment to his work at the postal service, his compassion for his community, and his service to a grateful Nation. I also ask that we keep the example of his career in mind as we work together to craft what should be a bipartisan piece of legislation, to ensure that the institution Mr. Cook loved so much can continue to serve our Nation. With that, I urge the passage of H.R. 2079, and I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 298, a bill to designate the facility of the United States Postal Service located at 500 East Whitestone Boulevard in Cedar Park, Texas, as the ``Army Specialist Matthew Troy Morris Post Office Building.'' The measure before us was introduced by Congressman John Carter. In accordance with our committee requirements, H.R. 298 has been cosponsored by all the members of the Texas delegation. It was reported favorably by the House Oversight and Government Reform Committee on November 3, 2011. Army Specialist Matthew Troy Morris was born on July 16, 1984, just across the Potomac River in Fairfax, Virginia. He was killed while serving in Balad, Iraq, on Sunday, April 6, 2008, after only 23 short years of life. Specialist Morris was a loving son to his parents, Lisa and Glenn Morris, and a caring brother to his siblings Cory, Katie and Sam. Friends and family describe him as a dedicated soldier and an energetic and inspiring young man. Matthew Morris joined the Army immediately after high school and was assigned to the 2nd Squadron of the 3rd Armored Cavalry Regiment based in Fort Hood, Texas. While serving in Iraq, he earned the Bronze Star, the Purple Heart, the National Service Defense Medal, and several other decorations for heroism. Specialist Morris was a talented young man whose courage and sacrifice will forever be remembered. Mr. Speaker, I ask that we pass the underlying bill to recognize Specialist Morris' valor. Having no requests for time, Mr. Speaker, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. I have no further requests for time, and I yield back the balance of my time.

Mr. CUMMINGS. I yield 5 minutes to the sponsor of the companion bill, the gentleman from Massachusetts (Mr. Markey).

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield 5 minutes to the gentleman from Puerto Rico (Mr. Pierluisi).

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Chairman, I yield myself such time as I may consume. I appreciate the work of Chairman LoBiondo and Chairman Mica and, of course, our ranking member, Mr. Larsen, and the ranking member, Mr. Rahall. I appreciate the effort that they put into this Coast Guard reauthorization. I also appreciate the close working relationship I have with the chairman, Mr. LoBiondo. During my tenure as chairman of the Coast Guard and Maritime Transportation Subcommittee, he served as my ranking member, and now that he is chair, I appreciate the commitment to diligent oversight that characterizes his leadership of the subcommittee. I wish we had been able to reach an agreement on the issue at hand, but as that has not been possible, I'm offering this amendment to strike section 301(a) of the bill. Section 301(a) would eliminate provisions included in the Coast Guard authorization of 2010 that I authored to establish an ombudsman in each Coast Guard district. The district ombudsmen are intended to serve as liaisons between the Coast Guard and ports, terminal operators, ship owners, and labor representatives. The ombudsmen will enable these stakeholders to seek further review of disputes regarding the application of the Coast Guard regulations. Let me be clear that the provisions creating the ombudsman specifically provide that ``the district ombudsman shall not provide assistance with respect to a dispute unless it involves the impact of Coast Guard requirements on port business and the flow of commerce.'' The provisions further clarify that in providing such assistance, the district ombudsman shall give priority to complaints brought by petitioners who believe they will suffer a significant hardship as a result of implementing the Coast Guard requirement. I authored the provisions creating the ombudsman at the request of the port community, which approached me seeking another mechanism to engage with the Coast Guard to ensure that the application of regulations achieves critical safety and security objectives while having the least possible impact on commerce. Many Members of Congress, and particularly those on the other side of the aisle, profess that limiting the power of government and ensuring that businesses are not burdened by inappropriate regulations are among their top priorities. Given these priorities and given the need to ensure that regulations do not threaten commerce or jobs, I am frankly quite deeply surprised that the majority would seek to eliminate a provision that specifically provides businesses with an avenue through which they can seek changes in regulatory decisions in an effort to improve their businesses. Let me also be clear that I understand that the Coast Guard has not yet appointed any ombudsman--and I know that the service would probably prefer never to appoint an ombudsman because they would prefer that their regulatory decisions not be challenged. That said, rather than eliminating the requirement that the Coast Guard appoint an ombudsman, I believe that this authority should be implemented quickly to give businesses the opportunity to improve the application of Coast Guard regulations. Finally, let me also explain that this provision does not require any new personnel to be hired. The statutory language is clear, and staff have reconfirmed with the Coast Guard that the position of ombudsman could be a collateral duty that a qualified staff member performs in addition to their other duties. This is not my ideal arrangement, but I raise this point so that it is clear that the implementation of this provision does not require the Coast Guard to hire new staff members. I urge all Members who are concerned about the impact that undue regulatory burdens may have on commerce to join me in supporting this amendment. I reserve the balance of my time.

Mr. CUMMINGS. I'm hoping that amendment does pass because our Republican friends have constantly said that they want to do away with regulations that might impede the flow of commerce, and I think that my amendment is a step in that direction. I know that the Coast Guard may not like it, but I think an ombudsman would bring about a fair balance so that we can achieve the things that we need to achieve. With that, again I applaud the chairman and the ranking member for bringing this bill forward.

Mr. CUMMINGS. I want to thank the gentleman from Mississippi. Thank you for your leadership and thank you for your kind words. I'm truly amazed by what the Coast Guard is able to accomplish, particularly given the limits of its budget. But I remain the Coast Guard's biggest supporter. During my tenure as chairman, I also had the opportunity to be the service's most constructive critic. Among the many areas where I pushed the Coast Guard to set and achieve higher goals was the area of diversity. Data presented to the subcommittee showed that minorities comprised approximately 12 percent of the class of 2012 and just 16 percent of the class of 2013. By comparison, approximately 35 percent of the Naval Academy's class of 2013 is comprised of minorities. And the tremendous gains in diversity achieved by the United States Naval Academy suggested that the Coast Guard Academy's outreach had been too limited. And as a result, many students across the country from a wide variety of communities and backgrounds simply were not made aware either of the education that they could receive for free at the Coast Guard Academy or the unique service opportunities available in the Coast Guard. I'm very proud to say that the Coast Guard has begun making that effort, and they are now beginning to realize the promise that our Nation's diversity represents. As a result of what I know has been a tremendous effort, 34 percent of the Coast Guard's Academy's class of 2015 is comprised of minority students, nearly triple the percentage of minorities in the class of 2012. I believe that implementing a nominations process at the Coast Guard Academy, something that I proposed along with Mr. Thompson during our consideration of previous Coast Guard authorizations, will help continue and advance the achievements of the Coast Guard.

Mr. CUMMINGS. Mr. Chairman, I have an amendment at the desk.

Mr. CUMMINGS. I yield back the balance of my time.

Mr. CUMMINGS. Mr. Chairman, I demand a recorded vote.

Mr. CUMMINGS. Mr. Chairman, I yield such time as he may consume to the gentleman from Washington (Mr. Larsen), the ranking member of the subcommittee.

Mr. CUMMINGS. I thank the gentleman for yielding, and I want to thank the chairman and our ranking member for the great work that they have done not only this time but over the years. As a member of the subcommittee, I have had an opportunity to--and earlier in previous sessions as chairman of the subcommittee--I've had an opportunity to visit many Coast Guard facilities. I am so amazed by what I see when I see so many young people who give their lives, their blood, sweat and tears to save other people and to make sure that our waterways are kept safe, and to make sure that our coasts are guarded. I call them the thin blue line at sea. I do support this legislation because I think it is very important. There are some concerns I have, but I do want to commend the chairman. I understand that we have a manager's amendment that adds a modified version of H.R. 2839, the Piracy Suppression Act, as a title to this bill, and I think that is very, very important. The piracy provisions include those that require the Department of Transportation to establish a training program for U.S. mariners on the use of force against pirates and require a report from DOD within 180 days on actions taken to protect foreign-flag vessels from acts of piracy on the high seas. I will definitely support that because I think it is very, very important. We've seen, and I know the chairman has spent a lot of time on this, what has happened with regard to these pirates. They feel they can just board our ships and hold our folks hostage, and we cannot allow that to happen. I want to applaud the chairman and the ranking member for bringing that about. I'm going to have an amendment a little bit later on which addresses an issue which is important to me, and that is the ombudsman. I've said many times that we put this in the last authorization because a lot of the folks at the ports and a lot of our mariners were complaining. They were saying that the Coast Guard would come and want to make changes and say their way or the highway. One of the things that we wanted to do so commerce could freely flow, we wanted to have somebody come along and actually sit down and reason so that things could be worked out in a way that would be less onerous to the mariner community.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Again, I wholeheartedly support this legislation, and I think it's a very, very important piece of legislation. I want to congratulate Mr. Hanna and all the cosponsors for it. At the same time, though, there is an old saying: Give me my flowers while I live. The fact is that there are many Federal employees, and we get the calls every day, when we sit in committees and we hear negative things said about Federal employees, and I think we forget that we take so many of them for granted. And so often when you take people for granted, you just assume that things are going to work and that agencies are going to work. In my district, I have the Social Security Administration, and I get complaints from employees almost every day. As they see a downsizing, they see their workload increasing tremendously, but yet they are still being subject to pay freezes and things of this nature. So I think, again, this legislation is extremely important; but, again, I emphasize that I think it's so important that we not place these Federal employees in positions where they are constantly told that they're not doing enough work or they are not needed in many instances and need to be downsized, need to have their pay reduced and need to have the increases to their contribution to the retirement system. With that, Mr. Speaker, I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I am very pleased to yield 4 minutes to the gentlewoman from Maryland, Ms. Donna Edwards.

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. I rise in strong support of H.R. 2061, the Civilian Service Recognition Act of 2011, as amended. I commend Congressman Hanna for his work on this legislation. This bill would authorize Federal agencies to give the United States flag to the families of Federal civilian and postal employees who lose their lives as a result of a criminal act, an act of terrorism, a natural disaster, or in other special circumstances as determined by the President of the United States. There are more than 2.8 million Federal civilian and postal employees. They are the men and women who gather and analyze the intelligence that enables us to track down terrorists such as Osama bin Laden. They are our postal employees who deliver the mail to us in the rain, snow, sleet, and hail. They are the scientists who conduct groundbreaking and lifesaving research like those that I've seen at NIH. They are the food and water inspectors who ensure the products we eat and drink will not harm us. They are the correctional officers guarding criminals and terrorists, and they are the nurses and doctors who care for us and our wounded veterans. Many of these employees have high-risk, dangerous jobs, and they put their lives on the line every day in service to our Nation. They give their blood, sweat, and tears for our Nation. For example, approximately 44,000 Federal civilian employees have served alongside our uniformed servicemembers in Iraq, Afghanistan, and other combat- related zones over the last decade. They have performed jobs critical to our missions, and they have been essential to the successes our military has achieved. Over the past two decades, some 3,000 Federal civilian employees have died on the job. The gift of a United States flag to the families of Federal employees who die in the line of duty is a small token of our very great appreciation for the ultimate sacrifice these public servants have made. That said, Mr. Speaker, these same civil servants that we seek to honor here today are the very same people who are under attack from some quarters for simply doing their jobs. Recently, the majority of the House Oversight and Government Reform Committee recommended to the Joint Select Committee on Deficit Reduction that Federal workers who are already subject to a 2-year-long pay freeze also be subjected to the following: arbitrary 10 percent workforce reductions, an extended pay freeze through 2015, elimination of periodic step increases, increased employee contributions to the Civil Service Retirement System and the Federal Employees Retirement System, and a change in the formula used to calculate Federal pensions that may reduce the benefits provided to these many employees. In addition, our committee has scheduled H.R. 3029 for consideration tomorrow. This bill would require a 10 percent reduction in the Federal workforce by fiscal 2015. It is appropriate and, in fact, past due that we pay tribute to our civil servants who make the ultimate sacrifice in service to our great Nation, and I am encouraged that the legislation before us enjoys bipartisan support. But I remind my colleagues that it doesn't make any sense to turn around and attack these same workers' livelihoods as we consider further deficit reductions. Such actions denigrate the value of the service these individuals provide to our great Nation, the very service we are honoring in H.R. 2061. If Federal employees are worthy of receiving a gift of our Nation's flag upon their deaths, they are surely worthy of receiving their full pay and benefits for a lifetime of service to our country. Therefore, Mr. Speaker, I urge my colleagues to support this bill to honor Federal employees killed in the line of duty. I also urge my colleagues to join me in honoring all of our civil servants by opposing any further efforts to balance the Nation's budget on the backs of these dedicated men and women. With that, I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, in closing, I just wanted to let the gentleman know that he mentioned that there had been an increase in Federal employees. There have been increases in DOD, DHS, and VA, but all the other agencies over the 10 years have been decreasing. With that, Mr. Speaker, I would urge passage of this legislation, and I yield back the balance of my time.

Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.

Mr. CUMMINGS

Mr. CUMMINGS. I stand in strong opposition, Mr. Speaker, to this bill. The National Labor Relations Board exists to ensure that companies do not discriminate against workers who exercise their rights under Federal law. That protection prevents the illegal offshoring of American jobs. In 2000, for example, a California jewelry manufacturing company took aggressive action to discourage its employees from organizing, a right that is protected under Federal law. When the company failed, it announced plans to relocate its operations to Mexico. The Board was able to prevent this from happening. Using the authority this bill would eliminate, the Board prevented the company from moving American jobs to Mexico. If H.R. 2587 is enacted, companies will be able to ship jobs overseas in retaliation against American workers exercising their rights. Unfortunately, H.R. 2587 is part of a larger campaign to attack workers' rights. That campaign includes an investigation by the Oversight Committee into the Board's ongoing prosecution of The Boeing Company for allegations of illegal retaliation against workers in Washington State for exercising their rights under the law. A Washington Post editorial warned that the committee should not ``sabotage'' this ongoing legal process. And 34 law professors urged the committee to let the Board do its job without interference. Instead, the committee issued a subpoena, threatened contempt, and even intimidated NLRB attorneys trying to do their job. If H.R. 2587 becomes law, even if Boeing is found to have violated workers' rights, no remedy will exist to restore those rights to workers. Nobody interested in protecting American jobs should support this bill. I strongly urge my colleagues to vote against H.R. 2587.

Mr. CUMMINGS

Mr. CUMMINGS. I thank the gentleman for yielding. I rise in opposition to the amendment, and I rise in strong opposition to this bill. This misguided legislation seeks to destroy the Consumer Financial Protection Bureau on its birthday, before it even has time to take its first breath, out of fear that the interests of consumers--our constituents, by the way--may finally have a voice here in Washington. I would note that the CFPB is the only Federal agency that can have its regulations vetoed by other banking regulators serving on the Financial Stability Oversight Council, and this bill would make that veto process even easier. Among other destructive provisions, H.R. 1315 would exclude the director of the CFPB from serving as a voting member of the FSOC, which would make the director the only banking regulator without a seat on the council. The CFPB is one of the most important creations of Dodd-Frank because it is the very agency focused on ensuring that the consumer protection products made available in the marketplace will not lead families into economic ruin. Rather than attacking this agency, which is intended to defend the rights of consumers and protect them from predatory practices, we should be standing with the consumers, our constituents, and protecting them from financial entities that would take advantage of them. Last week, I convened a forum to examine the abuse that servicemembers are suffering at the hands of mortgage servicers. Thousands of U.S. military servicemembers and their families have lost their homes, been charged millions of dollars illegally, and have been subjected to other abuses in violation of Federal law. The CFPB was created precisely to help Americans such as these, our constituents. I urge the Members of Congress to stand on the side of their constituents by supporting CFPB, and I urge Congress to vote for their constituents by voting against this bill.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Chair, I was pleased to support Mr. Langevin's Amendment #49 to H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012 earlier today. In the 111th Congress, I supported substantially similar language, H.R. 4900, offered by Representative Watson and approved by the Committee on Oversight and Government Reform. I agree with President Obama that the ``cyber threat is one of the most serious economic and national security challenges we face as a nation.'' Given the increasing connectivity between information systems, the Internet, and critical infrastructure such as our electrical grid, telecommunications systems, and financial systems, we must be able to defend these systems against cyber attacks from any origin. Cyber threats and attacks against information systems have continued to grow in both volume and intensity in recent years. Statistics from the United States Computer Emergency Readiness Team indicate that the number of reported cyber incidents at federal agencies has increased over the last five years from approximately 5,000 in fiscal year 2006 to more than 41,000 in fiscal year 2010. Mr. Langevin's amendment represents an important step to help secure our nation from cyber attacks by codifying multiple policy recommendations made by the Obama Administration, public-private sector working groups, and the Government Accountability Office. I am pleased to support these efforts, and I look forward to working with Mr. Langevin and the rest of my colleagues in the House and Senate to develop a comprehensive legislative proposal to strengthen our nation's cybersecurity. I am also pleased that the Obama Administration released its initial legislative proposal on cybersecurity last week. The proposal represents the start of a serious bipartisan discussion on cybersecurity legislation, and I look forward to participating in those conversations.