[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10141-H10142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPEALING LICENSE REQUIREMENT FOR EMPLOYMENT AS A SALVAGER ON THE COAST 
                               OF FLORIDA

  Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2482) to repeal the provision of title 46, United 
States Code, requiring a license for employment in the business of 
salvaging on the coast of Florida.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2482

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN 
                   THE BUSINESS OF SALVAGING ON THE COAST OF 
                   FLORIDA.

       Chapter 801 of title 46, United States Code, is amended--
       (1) by striking section 80102; and
       (2) in the table of sections at the beginning of the 
     chapter by striking the item relating to that section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentleman from Ohio (Mr. LaTourette) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on S. 2482.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  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 S. 2482.
  This legislation is very simple. It would repeal an antiquated law 
that requires vessels and the captains of vessels conducting salvage 
operations off the coast of Florida to obtain licenses from a United 
States District Court. The law, which applies only to Florida, was 
adopted in 1847. No license has been issued under this law since 
approximately 1921, in large measure, because it seems to have been a 
forgotten requirement until the recent codification of title 46.
  This law serves no purpose at this time. The measure before us would 
repeal this provision and would eliminate

[[Page H10142]]

a needless burden on salvors working off the coast of Florida.
  I applaud Senator Martinez for his leadership on this measure, and I 
urge its adoption by the House.
  I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I rise in support of S. 2482, a bill to 
repeal a provision in current law which requires licenses for 
employment in the business of maritime salvaging in the State of 
Florida.
  S. 2482 is a companion bill to H.R. 4542, which was introduced by the 
ranking member of our full committee, Congressman John Mica of Florida, 
and which passed the House as part of H.R. 2830, the Coast Guard and 
Maritime Transportation Act of 2008.
  Sadly, even though Chairman Cummings has done a great job and even 
though Mr. Oberstar has done a great job and we've tried to work 
together on the Coast Guard reauthorization bill, our friends on the 
other side of the Capitol haven't quite reached agreement with us.
  The bill repeals section 80102 of title 46, United States Code, an 
antiquated provision which dates back in various forms to the 1820s. It 
requires Federal judges to issue licenses to wreckers working in the 
State of Florida. Wreckers, now generally known as salvors, provided 
assistance to ships in trouble in exchange for a portion of the 
vessel's cargo. In the early 19th century, some argued that these 
wreckers may have provided assistance that was not needed and then 
demanded a portion of the vessel's cargo. It sounds a little bit like 
piracy to me, but I'm not sure.
  At that time, the primary Federal presence in Florida was the Federal 
judiciary. Therefore, Federal judges were given licensing authority 
over these wreckers. The licensing requirement fell out of use early in 
the last century. Today, salvage vessels and their crews operating in 
Florida are regulated under Coast Guard safety, inspection, crew 
licensing, and environmental standards just like any other vessels 
operating in United States waters.
  The Justice Department has determined the provision is 
unconstitutional, and S. 2482 repeals this anachronism. I support the 
bill.
  I reserve the balance of my time subject to the chairman.
  Mr. CUMMINGS. Yes. I assume the gentleman, my minority ranking 
member, has no further speakers.
  Mr. LaTOURETTE. The gentleman is correct. If you have none, I am 
prepared to yield back and would yield back.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 2482, a 
bill to repeal the provision of title 46, United States Code, requiring 
a license for employment in the business of salvaging on the coast of 
Florida.
  In 1847, Congress enacted a law designed to prevent individuals from 
luring ships on the beach with lanterns--and then salvaging these 
wrecks. The law said that you cannot salvage a ship in Florida unless 
you have a license issued by a U.S. District Court. At the time these 
individuals were called wreckers. Today, they are called salvors.
  Two years ago, Congress passed a recodification of all of the laws in 
title 46 of the U.S. Code--titled ``Shipping''. It was only after that 
recodification when the terms were updated from ``wreckers'' to 
``salvors'', did the salvage industry realize that they needed a 
license to do its work in Florida. This requirement is not imposed on 
salvors in any other State of the United States.
  S. 2482 repeals this archaic law outright. Today Florida attracts 
tourists and cruise ships to its shores. It doesn't try to wreck them 
on the rocks.
  Mr. Speaker, I urge my colleagues to support the passage of S. 2482.
  Mr. CUMMINGS. Mr. Speaker, we yield back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and pass the Senate bill, S. 2482.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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