Elijah Cummings

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today I rise in strong support of H. Res. 891, as amended, a resolution expressing the gratitude of the House of Representatives for the service of the air crewmembers of Coast Guard aircraft 1705 and a Marine Corps AH-1 Super Cobra helicopter who were lost when these aircraft collided near San Clemente Island, California, on October 29 of this year. On board the Coast Guard C-130 were seven Coast Guard members who were conducting a search-and-rescue mission at the time of the terrible accident. These crewmembers were Lieutenant Commander Che J. Barnes, a 17-year Coast Guard veteran who commanded Coast Guard 1705 and is survived by his father and three brothers, including a twin brother; Lieutenant Adam W. Bryant, the copilot of CG-1705 and a 2003 graduate of the Coast Guard Academy who is survived by his parents and brother; Chief Petty Officer John F. Seidman, the flight engineer who had served more than 20 years in the Coast Guard and is survived by his wife, parents and brother; Petty Officer 2nd Class Carl P. Grigonis, the CG- 1705 navigator who was the father of a young son and whose wife is expecting a daughter; Petty Officer 2nd Class Monica L. Beacham, the flight's radio operator, who leaves a husband and a young daughter to mourn; Petty Officer 2nd Class Jason S. Moletzsky, an air crewmember survived by his fiance, parents and two sisters; and Petty Officer 3rd Class Danny R. Kreder, II, drop master, survived by his wife, parents and two brothers. On board the Marine Corps AH-1 Super Cobra were two pilots: Major Samuel Leigh, who had served two tours in Iraq and whose service in the Marine Corps maintained his family's long tradition of military service; and First Lieutenant Thomas Claiborne, a magna cum laude graduate of the University of Colorado. These individuals dedicated their lives to serving the United States of America. They protected our Nation from the many threats we face, and they selflessly placed their lives in harm's way to aid those in distress. Their terrible loss is a reminder of the risks that the members of our Armed Forces face while conducting their many missions. Our thoughts and our prayers are with the families of each of these servicemembers and with all the colleagues they have left behind in the United States Coast Guard and the Marine Corps. Our thoughts and prayers are also with all of the members of our Armed Forces who are serving our Nation now on the front lines in Iraq and Afghanistan and with the families of the thousands who have given their lives in defense of our great Nation's freedom on those two battlefields in each of our Nation's conflicts. I commend Congresswoman Sanchez, the Chair of the Committee on Homeland Security's Subcommittee on Border, Maritime, and Global Counterterrorism, for her work on H. Res. 891. I urge its adoption by the House today, and I express my gratitude for the service of the members of the Coast Guard and Marine Corps recognized by this resolution. Committee on Armed Services, House of Representatives, Washington, DC, November 13, 2009. Hon. James L. Oberstar, Chairman, House Committee on Transportation and Infrastructure, Rayburn House Office Building, Washington, DC. Dear Mr. Chairman: On November 5, 2009, the House Resolution 891, ``Expressing the gratitude of the House of Representatives for the service to our Nation of the Coast Guard and Marine Corps aircraft pilots and crewmembers lost off the coast of California on October 29, 2009, and for other purposes,'' was introduced in the House. As you know, this measure was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker. Our Committee recognizes the importance of H. Res. 891 and the need for the legislation to move expeditiously. Therefore, while we have a valid claim to jurisdiction over this legislation, the Committee on Armed Services will waive further consideration of H. Res. 891. I do so with the understanding that by waiving further consideration of the resolution, the Committee does not waive any future jurisdictional claims over similar measures. I would appreciate the inclusion of this letter and a copy of your response in the Congressional Record during consideration of the measure on the House floor. Very truly yours, Ike Skelton, Chairman.

Mr. CUMMINGS. Mr. Speaker, I yield 3 minutes to the distinguished sponsor of this legislation, the gentlewoman from California (Ms. Loretta Sanchez).

Mr. CUMMINGS. I yield 5 minutes to the chairman of the committee, the gentleman from Minnesota (Mr. Oberstar).

Mr. CUMMINGS. Madam Speaker, we have no other speakers, so I will continue to reserve the balance of my time.

Mr. CUMMINGS. Madam Speaker, I yield myself as much time as I may consume. Once again, I urge all of our Members to vote in favor of this very, very important resolution. And I will say to the families of these service persons that they are in our prayers. We thank all of our personnel for what they do every day, so often putting their lives on the line so that we might enjoy the freedoms that we do enjoy.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. I want to make it very clear, Mr. Speaker, that this was an effort of the victim groups and the cruise ship industry. As Chairman Oberstar said, there was a lot of work that went into this legislation with folks actually sitting down and coming up with reasonable and balanced solutions to these problems. I want to thank all of the folks that did that. And I also take a moment to thank Mr. LoBiondo and certainly Mr. Mica and definitely our chairman, Mr. Oberstar. This is one of those bipartisan efforts that has yielded a win-win-win, a win certainly for this Congress, a win for those people who find themselves taking a vacation on cruise ships, and certainly a win for law enforcement as they try to make sure that they address any kind of issues that may come up, and the industry. It's a win-win-win-win. So I think that what we have done is approach this in a very balanced way, a very measured way, but a way which addresses all of the issues that we attempted to address. And certainly we thank Ms. Dishman and the other victims who have had difficult circumstances happen to them for bringing their testimony. As Chairman Oberstar said, this kind of testimony is very difficult for someone to present themselves, not only to the Congress but on C-SPAN and for the world to hear what they went through. But yet and still, the fact is that they sacrificed so that we can have this kind of legislation. With that, I would urge our colleagues to vote for this legislation.

Mr. CUMMINGS. We have no additional speakers. I yield to the gentleman.

Mr. CUMMINGS. May I inquire as to how much time we have remaining?

Mr. CUMMINGS. Mr. Speaker, I yield 5 minutes to the distinguished chairman of our committee, the gentleman from Minnesota (Mr. Oberstar). I want to thank him as he rises for all of his hard work.

Mr. CUMMINGS. I yield the gentleman 1\1/2\ additional minutes.

Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3360) to amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes, as amended.

Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3360.

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of the Cruise Vessel Security and Safety Act of 2009, H.R. 3360, as amended. This legislation, authored by Congresswoman Doris Matsui, would require that cruise vessels calling on the United States take reasonable steps to improve the physical safety and security of their vessels. The legislation also would require cruise vessels to report to U.S. authorities allegations of specific crimes on cruise ships. Almost all of the nearly 200 cruise vessels embarking and disembarking passengers in the United States are registered in foreign countries. As a result, U.S. laws apply directly to these vessels and to those sailing on these vessels only when they are sailing in U.S. waters. While available statistics suggest that crime is infrequent on cruise vessels, many Americans do not realize, when they step on a cruise ship, they are stepping on what becomes a floating piece of some other country's jurisdiction as soon as it is more than 12 miles from United States shores. Unfortunately, for those who are the victims of crime on cruise vessels, the implications of this reality become clear only after they learn that the laws applying to the cruise vessels may not and often do not extend to them the kinds of protections United States laws would extend. Additionally, the unique circumstances of life at sea, particularly if a vessel is far from the kinds of law enforcement resources that are available on land, often make the prosecution of those accused of committing a crime on a cruise ship very difficult. As a result, though crime is infrequent on cruise vessels, so are prosecutions of those accused of crimes. As chairman of the Subcommittee on Coast Guard and Maritime Transportation, I held two hearings to examine the issue of crime on cruise ships. I believe H.R. 3360 responds directly to the problems we examined in our hearings by requiring reasonable alteration in vessel design, equipment, and construction standards to increase the physical safety and security of passengers. For example, H.R. 3360 requires that cruise vessels install peepholes or similar features in cabin doors so passengers can identify who is at their door without having to open it. H.R. 3360 also requires that cruise vessels have railings that are at least 42 inches high to help prevent passengers from falling overboard. To ensure that those who are victims of sexual assaults have immediate access to state-of-the-art medical care, H.R. 3360 requires that cruise ships have onboard trained personnel who can provide treatment to assault victims, collect evidence to support prosecutions, and administer antiretroviral medications as soon as possible. The legislation also requires that a store of such medications be maintained on cruise vessels. H.R. 3360 also specifies certain crimes that must be reported to U.S. authorities, and it requires the Secretary of Transportation to maintain an Internet site that provides a numerical accounting of the crimes reported to U.S. authorities. Such statistics will be aggregated by individual cruise lines, and cruise lines will be required to maintain a link to the site on their own Web pages. Again, Mr. Speaker, I applaud the work of the gentlewoman from California (Ms. Matsui) who has worked tirelessly on this issue and given it just a tremendous, tremendous effort. I applaud her and thank her on behalf of the Congress and a grateful Nation. I urge all of the Members of the House to join me in passing H.R. 3360, as amended. House of Representatives, Committee on Homeland Security, Washington, DC, November 12, 2009. Hon. James L. Oberstar, Chairman, Committee on Transportation and Infrastructure, Washington, DC. Dear Chairman Oberstar, I write to you regarding H.R. 3360, the ``Cruise Vessel Security and Safety Act of 2009.'' H.R. 3360 contains provisions that fall within the jurisdiction of the Committee on Homeland Security. I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner and, accordingly, I will not seek a sequential referral of the bill. However, agreeing to waive consideration of this bill should not be construed as the Committee on Homeland Security waiving, altering, or otherwise affecting its jurisdiction over subject matters contained in the bill which fall within its Rule X jurisdiction. Further, I request your support for the appointment of an appropriate number of Members of the Committee on Homeland Security to be named as conferees during any House-Senate conference convened on H.R. 3360 or similar legislation. I also ask that a copy of this letter and your response be included in the legislative report on H.R. 3360 and in the Congressional Record during floor consideration of this bill. I look forward to working with you as we prepare to pass this important legislation. Sincerely, Bennie G. Thompson, Chairman.

Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the gentlewoman from California (Ms. Matsui), who is the sponsor of the bill and who has been so helpful to our committee and our subcommittee on this issue.

Mr. CUMMINGS. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman from California (Ms. Richardson). She is a strong member of our subcommittee and certainly one who has championed this cause too.

Mr. CUMMINGS

Mr. CUMMINGS. I yield myself such time as I may consume. Mr. Speaker, first of all, I want to just comment and associate myself with the words of Chairman Oberstar and add to them that this is our watch, this is a time that we have responsibility for this environment and it is our duty to make it even better than what we found it. I want to thank the chairman for his words. They were very inspiring. With that, I urge the Members to vote for H.R. 3618. Mr. Speaker, I yield back the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I now yield 5 minutes to the distinguished chairman of the Transportation Committee, Congressman Oberstar of Minnesota.

Mr. CUMMINGS. I grant the gentleman an additional 3 minutes.

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as chairman of the Subcommittee on Coast Guard and Maritime Transportation, I rise today in strong support of the Clean Hull Act of 2009, H.R. 3618, as amended, which would institute the legal changes needed to bring the United States into full compliance with the International Convention on the Control of Harmful Anti- Fouling Systems on Ships. I commend the chairman of the full Committee on Transportation and Infrastructure, Congressman Oberstar, for his hard work on this legislation, and for his tireless commitment to ensuring that we do all that we can to minimize the impact of our transportation systems on our environment. I also commend the ranking member of the full committee, Mr. Mica, and the ranking member of the Coast Guard Subcommittee, Congressman LoBiondo, for their work on this legislation. On June 10, I convened the subcommittee to examine the impact on the marine environment of the use of coatings on the hulls of ships containing the compound tributyltin, better known as TBT. Such coatings are applied to prevent hull fouling. In the maritime world, the term ``fouling'' is defined as the unwanted growth of biological material, such as barnacles and algae, on a surface immersed in water. Because such material can slow a ship's movement through the water and can be transferred from one body of water to another, ship owners and operators have attempted throughout the history of maritime transportation to eliminate the accumulation of such materials through a variety of methods. In the 1960s and 70s, hull coatings were developed that had as their main ingredient the compound TBT. At that time, TBT was hailed as the best anti-fouling agent ever developed. Unfortunately, as so often happened in that period, a product that showed promise was rushed to market before the full range of its impacts on the environment was understood. Over the years, it has become clear that TBT is highly toxic to marine life, including crustaceans, fish and even marine mammals. TBT has caused alterations in oyster shells, and has caused female dog whelks, a type of snail, to begin developing male sexual characteristics. There's even some evidence that TBT is bio- accumulative, meaning that larger animals can ingest it as they consume smaller animals on the food chain. Thus, the IMO reports that traces of TBT contamination have now been found even in whales. I note that the use of TBT is already strictly regulated by U.S. law, specifically, under the Organotin Anti-Fouling Paint Control Act of 1998. Under this Act, the sale and most applications of TBT coatings are already prohibited in the United States. However, the best way of controlling the use of TBT is by the U.S. accession to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships. The Convention was adopted by the International Maritime Organization in October of 2001 to ban the use of hull coatings that contain TBT. The Convention came into force internationally on September 17, 2008. The United States Senate gave its consent to the Convention just a few days later, in September of 2008. H.R. 3618 would finally implement in the United States the laws that will bring our Nation into full compliance with the Convention, thus completing our ratification of the Convention. By enacting H.R. 3618, the United States can prohibit ships with TBT coatings from entering U.S. waters unless the ships have overcoatings that prevent TBT from leaching from one underlying anti-fouling system. I also note that in order to prevent a compound like TBT from ever again entering the environment through an anti-fouling coating, the International Convention on the Control of Harmful Anti-Fouling Systems on Ships also established a system under which new anti-fouling coatings can be tested to assess the effects on the marine environment. Coatings can be added to the list of prohibited anti-fouling systems under the Convention if they are found to be harmful. H.R. 3618 authorizes the Environmental Protection Agency to participate in international technical bodies convened to assess the safety of new anti-fouling systems. I strongly believe that it is time for us to fully implement the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, and I urge the adoption of H.R. 3618 by the House today. House of Representatives, Committee on Homeland Security, Washington, DC, November 12, 2009. Hon. James L. Oberstar, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Washington, DC. Dear Chairman Oberstar: I write to you regarding H.R. 3618, the ``Clean Hull Act of 2009.'' H.R. 3618 contains provisions that fall within the jurisdiction of the Committee on Homeland Security. I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner and, accordingly, I will not seek a sequential referral of the bill. However, agreeing to waive consideration of this bill should not be construed as the Committee on Homeland Security waiving, altering, or otherwise affecting its jurisdiction over subject matters contained in the bill which fall within its Rule X jurisdiction. Further, I request your support for the appointment of an appropriate number of Members of the Committee on Homeland Security to be named as conferees during any House-Senate conference convened on H.R. 3618 or similar legislation. I also ask that a copy of this letter and your response be included in the legislative report on H.R. 3618 and in the Congressional Record during floor consideration of this bill. I look forward to working with you as we prepare to pass this important legislation. Sincerely, Bennie G. Thompson, Chairman.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, this afternoon we've heard a lot of people saying we should do what our constituents say that we should do. I ask them what do I say to the gentleman in my district who is suffering from cancer and who is now trying to choose between eating and paying a high copayment for chemotherapy? What am I to say to the young writer who for years paid her premiums and then, when she got pregnant and had her baby, they gave her a present on the way out the door that she could not afford: a $22,000 bill? What do I say to a lady who suffered from breast cancer in my district and when she lost her job, lost her insurance, could not get insurance, could not get it because of something called preexisting conditions? I would say to all those folks who are saying that we do not need this and must not do this, we have a moral authority to our fellow citizens. A moral authority.

Mr. CUMMINGS

Mr. CUMMINGS. Madam Speaker, I am compelled to address this body tonight after having listened to my colleagues over the last few days fabricate falsely about the Affordable Health Care for America Act. Every 12 minutes, an American dies in the greatest country on Earth simply because he cannot afford to live. Americans lie right now, as I speak, in their homes while in pain, suffering because they cannot afford the care that would bring them relief. I meet people in my district who choose between medication and food, parents who go without medical treatment to pay for heat and clothing for their children, and family members who believe with all their hearts that loved ones have died because they lacked adequate health care. Like the misrepresentations about this bill, these injustices must stop. The time to act is now. In the words of President Obama, we must have the urgency of now. H.R. 3962 helps uninsured Americans immediately. It immediately creates an insurance program with financial assistance for those who are uninsured or for those who have been denied policies because of preexisting conditions. It also allows those who are unemployed to keep their COBRA coverage until the exchange is operational. Health insurance reform will mean greater stability and lower costs for all Americans. That means affordability for the middle class, security for our seniors, and responsibility to our children. It also will mean coverage for 96 percent of Americans. According to the CBO, the bill reduces the deficit by $30 billion over the first 10 years. In their speeches, Republicans have described this bill as the Speaker's bill. They call it the ``Pelosi bill.'' This bill does not belong to the Speaker, although she has done a phenomenal job in helping us to craft it. This bill belongs to the hardworking Americans who have insurance but who want a more transparent and stable health care marketplace that focuses on quality, affordable choices for all Americans, and that keeps insurers honest. It belongs to 47 million Americans who are suffering and who have no help on the horizon. This bill belongs to the seniors living in rural areas all over our country who will receive better Medicare coverage because of this bill. It belongs to the children throughout our Nation who are so poor that their parents cannot even afford checkups. These are the children whose lives will be crippled by diabetes simply because doctors have not diagnosed them as being at risk. Our children are our living messages we send to a future we will never see. The question is: What type of message are we sending? They will suffer simply because they do not know how to reverse the symptoms leading them down a troubled road. This bill belongs to 44,000 Americans who die every year because they lack insurance. They have been guaranteed life, liberty, and the pursuit of happiness by founding documents to which my colleagues on the other side of the aisle constantly refer. Americans are denied those things by the thousands. They cannot afford care and so they die. That's right, Madam Speaker. For every page that Republicans have printed out and have used as props, for every page, 22 Americans will die this year because they cannot pay for the care that will save their lives. It is telling that, using valuable tax dollars, they printed those pages to make copies of a bill that is available, searchable, and downloadable online. It is a perfect metaphor for the millions of dollars this bill will save Americans. Our health care system will save more than $150 billion every year, a call that President Obama made in the beginning of his campaign. The bill moves America to a health care system with an electronic recordkeeping system, cutting fraud, excessive administrative costs and medical mistakes. Republicans do not care about those savings or about that progress. Like the pages of the taxpayer-provided paper used here today on this floor, they are props--only interested in being weights to drag down, to slow down, and to eventually stop true health care reform. It pains me to say these words, but this is how I feel.

Mr. CUMMINGS

Mr. CUMMINGS. I want to thank the gentleman for yielding. Mr. Chairman, I rise to support the amendment offered by the gentleman from Virginia (Mr. Nye). It's an outstanding amendment. This amendment states that none of the provisions relating to marine safety included in H.R. 3619 would impair the authority of the Coast Guard to carry out its homeland security missions. I support the amendment and its intention, and I urge its adoption. That said, the Transportation Committee and the Coast Guard Subcommittee have examined the Coast Guard's performance of its marine safety mission in great detail and have significant concerns that the service has assigned inexperienced and unqualified individuals to conduct casualty investigations, vessel inspections, and other marine- safety functions. The shortcomings in the program have been well documented by the Homeland Security's inspector general, by retired Coast Guard Vice Admiral James C. Card, and by the committee's own examination of the Cosco Busan allision in San Francisco. And so certainly the provisions of this amendment will be extremely helpful in helping us again help the Coast Guard be most effective and efficient in its efforts, and it can only improve the bill and improve an already great organization, the United States Coast Guard, our thin blue line at sea.

Mr. CUMMINGS. Thank you very much. I'll be very brief, Mr. Chairman. First of all, I want to congratulate Mrs. Kirkpatrick for this outstanding amendment. As our ranking member said, this is something the committee has been addressing for a while. But what we now want to do is make sure that the efforts of the Coast Guard are most effective and efficient, and the study and looking into this is what this is all about. And I think this will allow us to accomplish a lot more with regard to the equipment that we have. I've actually seen these submersibles many times. As a matter of fact, I was just in Colombia and Mexico and actually saw them and saw they had been used to get around the Coast Guard. And I know for a fact that they welcome this amendment, and I want to thank you very much because basically what you've done, Mrs. Kirkpatrick, is you've made a very good bill even better.

Mr. CUMMINGS. Will the gentleman yield?

Mr. CUMMINGS. I rise in very strong support of the amendment offered by my colleague from Maryland (Mr. Kratovil). This amendment will require the Coast Guard to develop a national inventory of its office buildings and other facilities to assess its facilities' shortfalls. However, we realize there is a service backlog, as the chairman just said, of $1 billion, a shore facility repair backlog, that is. So basically what this will do is allow the Coast Guard to more effectively and efficiently address this backlog. And again, this is a very thoughtful amendment. I want to congratulate the Congressman and sponsor for submitting it. And again, I strongly support it and would urge our colleagues to vote for it.