Benjamin Cardin

Mr. CARDIN

Mr. CARDIN. Mr. President, I rise today to speak about the December 25, 2009, attempted bombing of Northwest flight 253, and the steps we must continue to take to improve the effectiveness of our Nation's antiterrorism tools and interagency information sharing and communication. On December 25, 2009, a Nigerian national, Umar Farouk Abdulmutallab, attempted to detonate an explosive device while onboard Northwest flight 253 from Amsterdam to Detroit. The device did not explode, but instead ignited, injuring Mr. Abdulmutallab and two other passengers. As a result of their heroic actions, the flight crew and passengers were able to restrain Mr. Abdulmutallab and the plane safely landed. Mr. Abdulmutallab was not on the U.S. Government's terrorist Watch List but he was known to the U.S. intelligence community. Following the December 25, 2009, attempted bombing, President Obama directed that a number of actions be taken and that government officials conduct a complete review of the terrorist watch listing system. The White House made public a summary of the preliminary report, and the President issued several directives to the Director of National Intelligence and the National Counterterrorism Center, NCTC, as well as to a number of Departments and Agencies. Since the December 25, 2009, attempted bombing, the State Department, the Transportation Security Administration and the Customs and Border Patrol have also made a number of changes to their procedures, including the addition of new and enhanced screening procedures. Information sharing and interagency communication have come a long way since the tragic events of September 11, 2001, and our ability as a government to share information and coordinate our actions to detect terrorist threats and protect the American people is better today than it was on September 11. Our intelligence, law enforcement and homeland security communities have successfully disrupted and prevented numerous terrorist threats. But the attempted bombing of Northwest flight 253, the January 20 full Judiciary Committee hearing, and the Terrorism and Homeland Subcommittee hearing I chaired in April 2009 on information sharing, prove that our ability to detect, disrupt and prevent terrorist threats still has gaps. As chairman of the Terrorism and Homeland Security Subcommittee, my first hearing was on information sharing. I said at that time that I was concerned that the U.S. Government did not have in place ``a comprehensive strategy to overcome bureaucratic hurdles to sharing of information that could prevent a terrorist attack.'' It is clear that terrorism-related information on Mr. Abdulmutallab was available, but no one acted on that information enough to challenge him before he boarded the airplane. We face evolving terrorist threats to our Nation, and our enemies and their supporters are clever, resourceful, diverse and dangerous. We need to be able to detect tomorrow's plots whether they are in the air, on land or from the sea. As a result, I am going to continue to work to ensure that we remove the cultural, institutional and technological obstacles that impede our ability to prevent the next terrorist attack. Having access to the right information has little or no value if it is not pushed, on an ongoing basis, to the specific agencies that have the responsibility to both analyze it and take follow-up action, as necessary. When new information is added to our databases, relevant data must be able to find other relevant data. We need to explore real-time connections that can constantly update analysts to ensure that information is sent and seen before terrorists are able to board airplanes. During the January 20 full Judiciary Committee hearing, I sought answers on who in our government is responsible for analyzing terrorism information and taking the necessary follow-up actions to protect the American people. The FBI Director indicated that NCTC was responsible for analyzing threat information and nominating known or suspected international terrorists to the Terrorist Screening Center for watch listing purposes. The Department of Homeland Security stated that it was a ``consumer'' of that information. But clearly, no one followed up to conduct further screening to prevent Mr. Abdulmutallab from boarding the plane. The President has ordered the Director of National Intelligence to ``reaffirm and clarify roles and responsibilities,'' and he has directed that NCTC ensure that there is a process to ``prioritize to pursue thoroughly and exhaustively terrorism threat threads,'' to include ``follow-up action.'' We must make sure that our law enforcement, intelligence, and homeland security professionals clearly know who is responsible for taking follow-up actions on terrorist threats to protect the American people, and that those officials have the authorities they need to act. At the same time, as I have said previously, we must make sure that our government uses its scare resources wisely, and that it strikes an appropriate balance between national security and protecting civil liberties. We have now begun consideration of the fiscal year 2011 budget. We need to ensure that we have well-qualified and highly skilled airport screeners and security personnel, and that they have all the tools they need to do their jobs effectively. Mistaken profiling, however, that improperly relies on racial and ethnic factors, and not on a broad and valid set of behavioral indicators of potential terrorist activity, will waste resources, harm innocent individuals, and impede commerce. And while technology can play a crucial role in helping to prevent terrorists from bringing explosives onto our airplanes, the first priority must be to identify potential terrorists and keep them off our airplanes. The memory of 9/11 has been seared in our hearts and our minds, but it does not blind us to the wisdom that we must fight our enemies while remaining true to the fundamental principles and values upon which this great nation was founded. The men and women of our Armed Forces and their families have sacrificed much to protect and preserve the American way of life and what this nation stands for. The ongoing threat from al-Qaida and other terrorists who intend to harm us is real. However, we do not need to choose between security and liberty. Legitimate debate will continue on how we should strike the balance between the two at this time in our Nation's history. But we must reject what the 9/11 Commission described as the ``false choice'' between security and liberty. Whether the issue is information sharing, airport screening procedures, or the use of technology, we can protect the American people from harm while preserving civil rights and liberties.

Mr. CARDIN

Mr. CARDIN. Mr. President, I rise today to express my support for the International Violence Against Women Act, introduced today by Senators Kerry, Boxer, Snowe, and Collins. I am proud to be an original cosponsor on this legislation simply because it has the power to save the lives of women and girls around the world while increasing our safety here at home. This bill is particularly significant because it would be a very significant effort by the U.S. to tackle this egregious and widespread problem. One out of every three women worldwide will be physically, sexually or otherwise abused during her lifetime, with rates reaching 70 percent in some countries. Ranging from rape to domestic violence and acid burnings to dowry deaths and so-called honor killings, violence against women and girls is an extreme human rights violation, a public health epidemic and a barrier to solving global challenges such as extreme poverty, HIV/AIDS and conflict. It devastates the lives of millions of women and girls-- in peacetime and in conflict--and knows no national or cultural barriers. Women who are abused are not only more likely to face serious injury or death because of abuse, but are at much greater risk of dying in pregnancy, having children who die in childhood, and contracting HIV/ AIDS. What many people don't realize though is that violence against women and girls is a major cause of poverty. Women are much more likely to be among the world's poorest, living on a $1 a day or less, and the violence they face keeps them poor. It prevents them from getting an education, going to work, and earning the income they need to lift their families out of poverty. In turn, women's poverty means they are not free to escape abuse, perpetuating a vicious cycle that keeps women from making better lives for themselves and their families. In Nicaragua, for example, a study found that children of victims of violence left school an average of 4 years earlier than other children. In India, it has been found that women who experienced even a single incident of violence lost an average of 7 working days. Sometimes, the workplace itself can be a source of abuse: in Kenya, 95 percent of the women who had experienced sexual abuse in their workplace were afraid to report the problem for fear of losing their jobs. Greater economic opportunity and earning capacity not only allows women an option of escaping violent situations, but more importantly, it increases equality and mutual respect within households, reducing women's vulnerability to abuse in the first place. Women around the world are working desperately to change the laws and customs in their countries that routinely allow women and girls to be raped, beaten or deprived of any legal rights, even the ability to see a doctor or leave the house alone. But they need our help. IVAWA is a good step in that direction. The bill was developed in consultation with more than 150 expert organizations, including the input of 40 women's groups from all around the world. Highlighting the cross-cutting nature of the issue of violence, the bill is supported by a diverse coalition of almost 200 NGOs, including Amnesty International USA, Women Thrive Worldwide, Jewish Women International, Family Violence Prevention Fund, CARE, United Methodist Church, and Refugees International. This bill would direct the State Department to create a comprehensive 5-year strategy to reduce violence against women and girls in up to 20 countries and provide vital funds to foster programs in these countries that address violence in a coordinated, comprehensive way. It would do this by reforming legal and health sectors, helping to change social norms and attitudes that condone rape and abuse, and improving education and economic opportunities for women and girls. Because violence against women is often rampant in countries embroiled in conflict or crisis, this bill also requires that the U.S. act in cases of extreme outbreaks of violence against women and girls, like the horrific levels of rape experienced by women in the Democratic Republic of Congo. This legislation is necessary because this is not an academic issue-- we must remember that the scourge of gender-based violence effects real women around the world. But there are solutions. When Dulce Marlen Contreras started her organization with seven of her friends, the first thing on her mind was how to help the women of Honduras protect themselves from domestic violence. A daughter of farmers in the rural region of La Paz, Honduras, Marlen was tired of watching the women of her community endure widespread alcoholism and household abuse. In 1993, Marlen founded the Coordinadora de Mujeres Campesinas de La Paz, or COMUCAP, to raise awareness about women's rights. The organization started by educating women in the community about their rights and training them to stand up for themselves. As time went on, Marlen noticed something was missing. While awareness-building was critical, in order to reduce violence for the long-term COMUCAP had to attack the problem at its root: poverty. ``We realized that until women are economically empowered, they will not be empowered to escape abuse for good,'' says Marlen. Seeing this link changed the way COMUCAP approached its work. It started training women to grow and sell organic coffee and aloe vera, helping them to earn an income for their families. Initially the reaction from the community was hostile--women's empowerment was seen as a threat to families. As COMUCAP's programs grew, however, they started seeing results--the more money women made, the more power they were able to assert in the household. As the community started to view the women of COMUCAP as economic contributors to its families, more and more women made decisions jointly with their husbands and stood up for themselves and their children in the face of abuse. Today COMUCAP provides employment and income to over 256 women in its community. Household violence has reduced drastically within the families of COMUCAP. This example clearly illustrates that violence against women is preventable and that there are proven solutions that work. Even more inspiring, there are many thousands of local organizations like COMUCAP worldwide, which work within their own communities to support women in violent situations, help them find ways to support themselves and change cultural attitudes within their communities. By supporting funding to overseas women's organizations to enable them to work independently, IVAWA encourages this type of grassroots sustainability that will be crucial to any permanent solution to violence. Violence has a profound effect on the lives of women and girls, and therefore, all communities around the world. As a member of the Senate Foreign Relations Committee, I am committed to continue to work with my colleagues to fight to end it and to provide any assistance and resources necessary to achieve this goal.

Mr. CARDIN

Mr. CARDIN. Mr. President, I rise today to express my support for the International Violence Against Women Act, introduced today by Senators Kerry, Boxer, Snowe, and Collins. I am proud to be an original cosponsor on this legislation simply because it has the power to save the lives of women and girls around the world while increasing our safety here at home. This bill is particularly significant because it would be a very significant effort by the U.S. to tackle this egregious and widespread problem. One out of every three women worldwide will be physically, sexually or otherwise abused during her lifetime, with rates reaching 70 percent in some countries. Ranging from rape to domestic violence and acid burnings to dowry deaths and so-called honor killings, violence against women and girls is an extreme human rights violation, a public health epidemic and a barrier to solving global challenges such as extreme poverty, HIV/AIDS and conflict. It devastates the lives of millions of women and girls-- in peacetime and in conflict--and knows no national or cultural barriers. Women who are abused are not only more likely to face serious injury or death because of abuse, but are at much greater risk of dying in pregnancy, having children who die in childhood, and contracting HIV/ AIDS. What many people don't realize though is that violence against women and girls is a major cause of poverty. Women are much more likely to be among the world's poorest, living on a $1 a day or less, and the violence they face keeps them poor. It prevents them from getting an education, going to work, and earning the income they need to lift their families out of poverty. In turn, women's poverty means they are not free to escape abuse, perpetuating a vicious cycle that keeps women from making better lives for themselves and their families. In Nicaragua, for example, a study found that children of victims of violence left school an average of 4 years earlier than other children. In India, it has been found that women who experienced even a single incident of violence lost an average of 7 working days. Sometimes, the workplace itself can be a source of abuse: in Kenya, 95 percent of the women who had experienced sexual abuse in their workplace were afraid to report the problem for fear of losing their jobs. Greater economic opportunity and earning capacity not only allows women an option of escaping violent situations, but more importantly, it increases equality and mutual respect within households, reducing women's vulnerability to abuse in the first place. Women around the world are working desperately to change the laws and customs in their countries that routinely allow women and girls to be raped, beaten or deprived of any legal rights, even the ability to see a doctor or leave the house alone. But they need our help. IVAWA is a good step in that direction. The bill was developed in consultation with more than 150 expert organizations, including the input of 40 women's groups from all around the world. Highlighting the cross-cutting nature of the issue of violence, the bill is supported by a diverse coalition of almost 200 NGOs, including Amnesty International USA, Women Thrive Worldwide, Jewish Women International, Family Violence Prevention Fund, CARE, United Methodist Church, and Refugees International. This bill would direct the State Department to create a comprehensive 5-year strategy to reduce violence against women and girls in up to 20 countries and provide vital funds to foster programs in these countries that address violence in a coordinated, comprehensive way. It would do this by reforming legal and health sectors, helping to change social norms and attitudes that condone rape and abuse, and improving education and economic opportunities for women and girls. Because violence against women is often rampant in countries embroiled in conflict or crisis, this bill also requires that the U.S. act in cases of extreme outbreaks of violence against women and girls, like the horrific levels of rape experienced by women in the Democratic Republic of Congo. This legislation is necessary because this is not an academic issue-- we must remember that the scourge of gender-based violence effects real women around the world. But there are solutions. When Dulce Marlen Contreras started her organization with seven of her friends, the first thing on her mind was how to help the women of Honduras protect themselves from domestic violence. A daughter of farmers in the rural region of La Paz, Honduras, Marlen was tired of watching the women of her community endure widespread alcoholism and household abuse. In 1993, Marlen founded the Coordinadora de Mujeres Campesinas de La Paz, or COMUCAP, to raise awareness about women's rights. The organization started by educating women in the community about their rights and training them to stand up for themselves. As time went on, Marlen noticed something was missing. While awareness-building was critical, in order to reduce violence for the long-term COMUCAP had to attack the problem at its root: poverty. ``We realized that until women are economically empowered, they will not be empowered to escape abuse for good,'' says Marlen. Seeing this link changed the way COMUCAP approached its work. It started training women to grow and sell organic coffee and aloe vera, helping them to earn an income for their families. Initially the reaction from the community was hostile--women's empowerment was seen as a threat to families. As COMUCAP's programs grew, however, they started seeing results--the more money women made, the more power they were able to assert in the household. As the community started to view the women of COMUCAP as economic contributors to its families, more and more women made decisions jointly with their husbands and stood up for themselves and their children in the face of abuse. Today COMUCAP provides employment and income to over 256 women in its community. Household violence has reduced drastically within the families of COMUCAP. This example clearly illustrates that violence against women is preventable and that there are proven solutions that work. Even more inspiring, there are many thousands of local organizations like COMUCAP worldwide, which work within their own communities to support women in violent situations, help them find ways to support themselves and change cultural attitudes within their communities. By supporting funding to overseas women's organizations to enable them to work independently, IVAWA encourages this type of grassroots sustainability that will be crucial to any permanent solution to violence. Violence has a profound effect on the lives of women and girls, and therefore, all communities around the world. As a member of the Senate Foreign Relations Committee, I am committed to continue to work with my colleagues to fight to end it and to provide any assistance and resources necessary to achieve this goal.

Mr. CARDIN

Mr. CARDIN. Mr. President, in my capacity as Chairman of the Commission on Security and Cooperation in Europe, I am pleased to commend Miklos Haraszti, the OSCE Representative on Freedom of the Media, for his years of dedicated service in the cause of advancing freedom of expression and media. An accomplished writer and journalist as well as a courageous human rights activist in his native Hungary for decades prior to the end of the Cold War, he was elected to parliament in the early 1990s. Since his appointment to his current position in 2004, Mr. Haraszti has been an outspoken champion for beleaguered journalists throughout the OSCE region. Mr. Haraszti's periodic reports have proven invaluable in tracking trends regarding laws, policies and practices governing freedom of expression and media in the participating states. He has been vigilant in monitoring and reporting on issues arising from the adoption of ``extremism'' laws in a growing number of OSCE countries. The Representative on Freedom of the Media has likewise been a strong voice in calling for decriminalization of defamation and a critic of attempts by some regimes to restrict the Internet and new media technologies. Most importantly, he has responded to specific urgent situations and cases, including instances involving the harassment, physical attacks, and even murder of journalists. He has never shied away from naming names, he has never played favorites, and he has been a voice for those whom governments would like to silence. Next month Mr. Haraszti will conclude his service as the OSCE Representative on Freedom of the Media. You can write a great mandate for a high-level official, but if you don't appoint the right person to the job, you won't get results. Mr. Haraszti has been the right person for the right job and we have been very fortunate that he has given 6 years to serve the greater good in the OSCE region. The OSCE participating States will be hard pressed to find an individual to match his professionalism, passion, and integrity. I join my colleagues at the Helsinki Commission in expressing our deep appreciation to Miklos Haraszti, a tireless advocate for freedom of expression and media, for his service and we wish him the best in his future pursuits.

Mr. CARDIN

Mr. CARDIN. Mr. President, I rise today to call attention to a disease that is devastating to women nationwide. In 2009, the National Cancer Institute at NIH reported that cervical cancer was diagnosed in 11,250 women, and more than 4,000 women died from the disease. The U.S. Centers for Disease Control and Prevention, CDC, estimates that $2 billion per year is spent on treatment of cervical cancer. Access to regular screening would not only prevent the disease in most cases, but would be a mere fraction of the cost of treatment. Cervical cancer is mainly caused by HPV, a virus that currently infects about 20 million Americans. Another 6 million people become newly infected each year. By educating women and making regular Pap tests, HPV tests and the HPV vaccine affordable and accessible, we can significantly decrease the number of cases of cervical cancer in this Nation. This message was brought to me last week by one of my constituents, Ms. Tamika Felder, and her ``friends,'' a remarkable group of women who visited Capitol Hill to promote awareness of cervical cancer. Tamika was a successful young television producer in Washington, DC. At the age of 25, Tamika went to the doctor for a routine Pap test. She hadn't been to the doctor for a few years, partly due to a lack of health insurance. Her results came back, and the diagnosis was what she calls ``the shock of her life''--advanced cervical cancer. As Tamika struggled to come to terms with her diagnosis, she became depressed and retreated from most of her friends. She could only think about the end of her life, and the dreams that would go unfulfilled. Doctors recommended a radical hysterectomy, which left Tamika heartbroken, knowing that she would never be able to give birth to children. Rounds of chemotherapy and radiation followed, and Tamika struggled to stay positive. She credits amazing family, friends, and coworkers with helping her through this difficult time. She emerged cancer-free, and is a 5-year survivor. As Tamika was undergoing treatment, she spent a lot of time educating herself about HPV and cervical cancer, and her friends did the same. They learned that the disease was preventable, and they needed to get that message out to women around the country. Thus, the nonprofit organization Tamika and Friends was born. Tamika and Friends is based in Upper Marlboro, MD, and is dedicated to raising awareness about cervical cancer and its links to HPV. Using the network of survivors and friends that they have established, they spread the essential message that through education, prevention, and treatment, cervical cancer can be entirely eliminated. They share their message in creative ways, including house parties that create a comfortable environment for women to have open discussions about HPV and cervical cancer and its causes. Their Web site has many survivors' stories to encourage other women that share their diagnosis. When I learned that one of the reasons that Tamika did not have a regular Pap test was that she lacked health insurance, my conviction that we must achieve universal health coverage was strengthened. Her story is one of many that we have heard over the past year that emphasizes the critical need to cover the uninsured. If Tamika had had access to proper preventive testing, then her cancer might have been caught at an earlier stage. She may not have needed a radical hysterectomy, and her ability to have children, which she held so dear, might have been preserved. The health care reform legislation passed by the Senate would ensure that women can afford a yearly Pap test. In the bill, preventive services for women, including a yearly exam and cervical cancer screenings are covered at no cost to patients. In addition, as part of the managers' amendment, the provision that I introduced as part of a Patients' Bill of Rights will allow women to designate an OB-GYN as their primary care physician. This will enable women to receive care from a physician that specializes in women's health and can reinforce efforts to educate women about the causes of cervical cancer and the importance of getting regular Pap and HPV tests. To successfully eradicate cervical cancer, we must acknowledge and address that racial and ethnic minorities are disproportionately affected. Cervical cancer is diagnosed at an early stage more often in Whites than in Blacks, and Black women have higher rates of mortality from cervical cancer than White women. According to the Centers for Disease Control and Prevention, Hispanic women were twice as likely as White women to be diagnosed with cervical cancer, and the rates of cervical cancer among Vietnamese American women are higher than those for any other ethnicity--more than five times higher than White women. These statistics highlight why it is so important to codify the Offices of Minority Health within HHS and its agencies. I advocated for this to be part of the managers' amendment to the Senate health care bill, and I will continue to push for it to be included in the health care reform legislation that is signed by President Obama. I come to the floor today to raise awareness about cervical cancer and the need to cover preventive services for women, and to commend and thank Tamika and her friends for their efforts to educate all women about what they can do to remain healthy. Tamika's story could have been one of tragedy, but instead, she has turned it into a story of inspiration, strength, and hope. In one of the informational brochures that Tamika and Friends hands out to women is a message from Tamika herself. It says ``No matter how busy or broke you think you are--whether you have insurance or not--you must never, ever skip your Pap test and HPV test.'' As Members of the U.S. Senate, it is within our power to help women like Tamika and make sure that a lack of health insurance is not a barrier for women's health. We can all do our part to prevent cervical cancer and other diseases that can be caught early with proper preventive care.

Mr. CARDIN

Mr. CARDIN. Mr. President, on January 27, 1945, the Nazi concentration camp at Auschwitz, including Birkenau and other related camps near the Polish city of Oswiecim, was liberated by the Soviet Army. This week, people have gathered at Auschwitz and in many other places to mark the 65th anniversary of that event. I am pleased that President Obama presented a video address in which he underscored-- using Elie Wiesel's words--the sacred duty of memory. Auschwitz-Birkenau was the principal and most notorious of the six death camps built by Nazi Germany to achieve its goal of the mass extermination of the Jewish people of Europe. Built in Nazi-occupied Poland initially as a concentration camp for Poles and later for Soviet prisoners of war, it soon became a prison for a number of other nationalities. Ultimately, a minimum 1,300,000 people were deported to Auschwitz between 1940 and 1945, and of these, at least 1,100,000 were murdered at that camp. An estimated 6 million Jews--more than 60 percent of the pre-World War II Jewish population of Europe--were murdered by the Nazis and their collaborators at Auschwitz and elsewhere in Europe. In addition, hundreds of thousands of civilians of Polish, Roma, and other nationalities, including in particular disabled individuals, homosexuals, political, intellectual, labor, and religious leaders, all of whom the Nazis considered `undesirable,' as well as Soviet and other prisoners of war, perished at Auschwitz. On that day of liberation, 65 years ago, only 7,000 camp prisoners who had passed through the infamous Auschwitz gates, the ones who promised ``Arbeit Macht Frei''--``Work Will Make You Free''--managed to survive the selections, torture, starvation, disease, inhuman medical experiments, and executions that occurred at Auschwitz. According to a new survey published this week by the Organization for Security and Cooperation in Europe, OSCE, at least 41 of the OSCE's 56 participating states commemorate the Holocaust with official events. Thirty-three participating states have established official memorial days for Holocaust victims, and January 27 is the official Holocaust Memorial Day in many European countries, including Denmark, Estonia, Germany, Greece, Italy, Sweden, and the United Kingdom. I am deeply gratified that since 2005, the United Nations has also observed January 27 as a day of remembrance for the victims of the Holocaust. In fact, Auschwitz-Birkenau was inscribed on the UNESCO World Heritage List in 1979. I personally visited Auschwitz in 2004 and cannot overstate the importance of the Memorial Museum there today in the effort to teach future generations about the Holocaust. The recent theft of the ``Arbeit-Macht-Frei'' sign--which, fortunately, was recovered--has certainly heightened awareness of the need for additional security measures there, and I support the efforts to secure increased funding for the preservation of the Memorial Museum. Teaching about the Holocaust is an obligation that must be met not only at Auschwitz, but at places where people learn around the globe. As chairman of the Commission on Security and Cooperation in Europe, I am deeply concerned by the rise of anti-Semitism and violent extremism in some OSCE participating states. In particular, I am deeply troubled by the continued prevalence of Nazi-era discourse to describe Roma. As Thommas Hammarberg, the Council of Europe Commissioner for Human Rights, has said: Even after . . . the Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma. With this concern in mind, I was pleased to learn that the United Nations invited the OSCE senior advisor for Romani issues, Andrzej Mirga, to participate in the commemoration they organized this year. Sadly, as Mr. Mirga observed, although approximately 23,000 Romani people were sent to Auschwitz, none were among the survivors liberated there 65 years ago.

Mr. CARDIN

Mr. CARDIN. Mr. President, I am introducing today the Boosting Entrepreneurship and New Jobs Act that I believe is desperately needed. I think it is very clear that our economy, which is coming out of the worst recession since the Great Depression, has turned a corner. But we need to create more jobs in America. We know that. We know that 1 out of 10 Americans who wish to work cannot find jobs. Our first responsibility must be to help create more jobs so our economy can rebound and grow. To do that, we need to invest in small businesses. I was pleased to hear the President of the United States last night talk about the importance of small business in our recovery. As we develop our policies, we need to focus on helping small businesses grow. In the American Recovery and Reinvestment Act, we took action and increased the loan limits under the Small Business Administration. We were able to make it less expensive for businesses to borrow from the Small Business Administration. These were good steps we took. I was proud of an amendment I offered to increase the surety bond limits so small construction companies could, in fact, get work in this economy. I was proud of the amendment that passed to increase the SBA's budget by about $180 million so they could have the capacity to help small companies with technical assistance in order to get government jobs. All of that has happened. We all know 99.7 percent of all firms in America are small businesses. That is the economic engine of America. Just over half of the private sector employees work for small companies. We have to pay attention to small companies if we are going to grow out of this economic problem. Forty-four percent of the total U.S. private payroll comes from small employers. Sixty-four percent of the net new jobs over the past 15 years came from small businesses. And 97.3 percent of all identified exporters came from small companies. On a per-employee basis, for those companies that applied for patents, small companies have 13 times more patents per employee than larger companies. That is where innovation comes from in New Hampshire, and I can tell my colleagues that in Maryland, I look at companies every day, small companies coming up with the innovations that will lead America into the future. They come up with the new ways to deal with our problems. It is the small companies that are the most prolific in providing that type of innovation to our society, whether it is Maryland, New Hampshire, or any of our States. So it is for that reason that I have introduced this legislation. This legislation would provide some additional tools to help small businesses create new jobs. We need new jobs. It establishes a temporary 3-year refundable tax credit for new hires by small businesses. Businesses with up to 25 employees would be eligible for a refundable tax credit equal to 15 percent of the first $20,000 of wages for new hires. That is a strong incentive for a company to put on new employees. It establishes a credit to help small companies deal with providing health benefits for their employees. The two issues I hear about most from small businesses is the affordability of health insurance and the availability of credit. Both are dealt with through this legislation by providing a way in which small companies can have more affordable health insurance and by providing a way in which small companies can directly access SBA loans. Following up on what the President said last night, this legislation will set aside $30 billion from the TARP funds so that small companies could directly get SBA loans. I think that is the way to do it because there is a reluctance among banks to lend money to small businesses even though today 90 percent of that loan is guaranteed by the SBA. My legislation would use the same standard for SBA to make direct loans-- so basically 100 percent guaranteed by the Federal Government rather than 90 percent. Then we know the loans will be made. I can't tell my colleagues how many companies I have talked to in Maryland who are creditworthy. They are prepared to hire more workers. They are prepared to believe in our economy and believe in our future. The problem is they don't have a bank to partner with. If they have an existing relationship with a community bank, they may be OK. But if they don't, to try to establish a relationship today is very difficult. The President recognized that last night when he talked about the credit crunch affecting small businesses. We haven't eased that. This legislation would provide for the SBA, using the same standards it uses today for their SBA loans, to make direct loans to small companies in order to get our economy back on track by helping small businesses. It will create more jobs. It increases the SBA 7(a) program from $2 million to $5 million. It increases the microloan program from $35,000 to $50,000. It increases the SBA 504 loan program from $1.5 million to $5.5 million. These increases in loan limits are desperately needed if we are going to be realistic in today's marketplace as the type of loans businesses need in order to expand jobs. There are two more things this bill does that I wish to mention that are a direct help to small business. One is the sense of the Congress that the SBA Administrator should be a Cabinet-level position. I think we need to make sure an advocate for small business has the ear of our President. We know what happened in 2009. We know we had to bail out Wall Street and we had to deal with the large banks in order to save our system from going off a cliff. We all understand that. But we also know there were certain commitments made to help small businesses. Yet it never got into your community banks, into your States or to your small businesses. We need the advocate for small businesses to have a direct line to the President. For that reason, I urge that the SBA Administrator be a part of the Cabinet. Another part of the bill expresses a sense of Congress that the financial institutions that have benefited from our bailout carry out what they said they would do; that is, loan money to small companies. They say they are doing it, but the evidence shows the reverse, that they are not making these types of loans. I think it would be interesting to see exactly what types of loans these banks that relied upon the Federal Government are making to help our communities. I think we all would be disappointed to see their lack of participation in small company financing which could create jobs in our communities. The last provision of the bill provides for offsets to make sure it is fully paid. I don't believe we should add to the deficit. I think this bill will help create jobs, help us deal with the economic growth of America, and deal with narrowing the budget deficit through economic growth. I think we all have a responsibility to make sure we have adequate offsets in the bill so we don't add further to the Federal deficit. That is called budget discipline. We talked about that a little bit on the floor of the Senate today. This bill is fully paid for through offsets. I urge my colleagues, as we look in the weeks ahead at what we will call a jobs bill, which will help put more Americans to work--and I fully support that--that we follow the leadership of our President. The first thing he mentioned in the State of the Union Address last night was that we ought to pay attention to small businesses. I agree with the President. I hope that is a major part of our jobs bill; that it will be provisions that will provide tax credits for new job hires, help for small businesses dealing with health insurance and that it will increase the SBA's capacity to make loans to small businesses and will, indeed, provide a new avenue for opening credit to small businesses, putting the spotlight on the banking community so they do more, as they should, to help small businesses grow so we can create new jobs and grow our economy. That should be our first priority. I pledge to work with my colleagues in the Senate and work with the administration so we can get the job done in the Senate.

Mr. CARDIN

Mr. CARDIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CARDIN

Mr. CARDIN. Madam President, I take this time to talk about former Senator Charles ``Mac'' Mathias who represented Maryland in the Senate for three terms and whose passing on Monday was a real loss for Maryland and our Nation. Mac Mathias was a true statesman in the best sense of the word. He became a voice for those who had no voice. He fought for better conditions for working people, and he took bold, principled stands that were not always popular with the prevailing political sentiment. Mac Mathias was one of my heroes, and I considered him a friend and adviser. He was first elected to Congress in 1960, and he lived through some of the most turbulent times of the 20th century, including the struggle for civil rights, the Vietnam war, and the Watergate scandal. Mac's strong, principled stand garnered respect from both sides of the aisle, prompting then-majority leader Mike Mansfield to characterize Mac as ``the conscience of the Senate.'' Mac Mathias was often at odds with his own party. In 1970, for instance, he denounced the U.S. military incursion into Laos, condemned the Watergate scandal, and worked tirelessly for campaign finance reform. His outspokenness earned him a place on President Nixon's enemies list. Mac was an important supporter of the civil rights movement, helping to craft an open housing law. In 1965 he traveled to Selma, AL, to visit Dr. Martin Luther King, Jr., who was then in jail. In 1986 at a farewell party for Senator Mathias at the Baltimore Convention Center, Benjamin L. Hooks, the president of the NAACP said: ``I say thank God for Mac Mathias.'' Mac was an outstanding advocate for Maryland in Congress. Proud of his Frederick roots and committed to the environment, he proposed legislation to protect the Chesapeake Bay, Antietam National Battlefield, and Assateague Island. He also was the primary sponsor of the bill that created the C&O Canal National Historical Park. Mac was a tireless advocate for fair elections. In the 110th Congress, he traveled to Washington to help lobby fellow Republicans for a bill to combat election fraud. He was a leader for campaign finance reform--a subject Congress will have to revisit in the wake of the majority's decision last week in Citizens United v. Federal Election Commission. He once remarked: No problem confronting our nation today is greater than that of our steadily eroding confidence in our political system. He was so right. He understood that democracy is dependent on inclusion and on citizens who participate in the process and who have confidence that their views will be heard and fairly considered. Today, I urge my colleagues to pause for a moment to remember a gentleman from Maryland who cared deeply for our Nation and understood that our democracy depends on strong leaders who have courage, intelligence, and integrity. Mac Mathias was such a leader. (The further remarks of Mr. Cardin pertaining to the introduction of S. 2967 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. CARDIN

Mr. CARDIN. Mr. President, I am introducing today the Boosting Entrepreneurship and New Jobs Act that I believe is desperately needed. I think it is very clear that our economy, which is coming out of the worst recession since the Great Depression, has turned a corner. But we need to create more jobs in America. We know that. We know that 1 out of 10 Americans who wish to work cannot find jobs. Our first responsibility must be to help create more jobs so our economy can rebound and grow. To do that, we need to invest in small businesses. I was pleased to hear the President of the United States last night talk about the importance of small business in our recovery. As we develop our policies, we need to focus on helping small businesses grow. In the American Recovery and Reinvestment Act, we took action and increased the loan limits under the Small Business Administration. We were able to make it less expensive for businesses to borrow from the Small Business Administration. These were good steps we took. I was proud of an amendment I offered to increase the surety bond limits so small construction companies could, in fact, get work in this economy. I was proud of the amendment that passed to increase the SBA's budget by about $180 million so they could have the capacity to help small companies with technical assistance in order to get government jobs. All of that has happened. We all know 99.7 percent of all firms in America are small businesses. That is the economic engine of America. Just over half of the private sector employees work for small companies. We have to pay attention to small companies if we are going to grow out of this economic problem. Forty-four percent of the total U.S. private payroll comes from small employers. Sixty-four percent of the net new jobs over the past 15 years came from small businesses. And 97.3 percent of all identified exporters came from small companies. On a per-employee basis, for those companies that applied for patents, small companies have 13 times more patents per employee than larger companies. That is where innovation comes from in New Hampshire, and I can tell my colleagues that in Maryland, I look at companies every day, small companies coming up with the innovations that will lead America into the future. They come up with the new ways to deal with our problems. It is the small companies that are the most prolific in providing that type of innovation to our society, whether it is Maryland, New Hampshire, or any of our States. So it is for that reason that I have introduced this legislation. This legislation would provide some additional tools to help small businesses create new jobs. We need new jobs. It establishes a temporary 3-year refundable tax credit for new hires by small businesses. Businesses with up to 25 employees would be eligible for a refundable tax credit equal to 15 percent of the first $20,000 of wages for new hires. That is a strong incentive for a company to put on new employees. It establishes a credit to help small companies deal with providing health benefits for their employees. The two issues I hear about most from small businesses is the affordability of health insurance and the availability of credit. Both are dealt with through this legislation by providing a way in which small companies can have more affordable health insurance and by providing a way in which small companies can directly access SBA loans. Following up on what the President said last night, this legislation will set aside $30 billion from the TARP funds so that small companies could directly get SBA loans. I think that is the way to do it because there is a reluctance among banks to lend money to small businesses even though today 90 percent of that loan is guaranteed by the SBA. My legislation would use the same standard for SBA to make direct loans-- so basically 100 percent guaranteed by the Federal Government rather than 90 percent. Then we know the loans will be made. I can't tell my colleagues how many companies I have talked to in Maryland who are creditworthy. They are prepared to hire more workers. They are prepared to believe in our economy and believe in our future. The problem is they don't have a bank to partner with. If they have an existing relationship with a community bank, they may be OK. But if they don't, to try to establish a relationship today is very difficult. The President recognized that last night when he talked about the credit crunch affecting small businesses. We haven't eased that. This legislation would provide for the SBA, using the same standards it uses today for their SBA loans, to make direct loans to small companies in order to get our economy back on track by helping small businesses. It will create more jobs. It increases the SBA 7(a) program from $2 million to $5 million. It increases the microloan program from $35,000 to $50,000. It increases the SBA 504 loan program from $1.5 million to $5.5 million. These increases in loan limits are desperately needed if we are going to be realistic in today's marketplace as the type of loans businesses need in order to expand jobs. There are two more things this bill does that I wish to mention that are a direct help to small business. One is the sense of the Congress that the SBA Administrator should be a Cabinet-level position. I think we need to make sure an advocate for small business has the ear of our President. We know what happened in 2009. We know we had to bail out Wall Street and we had to deal with the large banks in order to save our system from going off a cliff. We all understand that. But we also know there were certain commitments made to help small businesses. Yet it never got into your community banks, into your States or to your small businesses. We need the advocate for small businesses to have a direct line to the President. For that reason, I urge that the SBA Administrator be a part of the Cabinet. Another part of the bill expresses a sense of Congress that the financial institutions that have benefited from our bailout carry out what they said they would do; that is, loan money to small companies. They say they are doing it, but the evidence shows the reverse, that they are not making these types of loans. I think it would be interesting to see exactly what types of loans these banks that relied upon the Federal Government are making to help our communities. I think we all would be disappointed to see their lack of participation in small company financing which could create jobs in our communities. The last provision of the bill provides for offsets to make sure it is fully paid. I don't believe we should add to the deficit. I think this bill will help create jobs, help us deal with the economic growth of America, and deal with narrowing the budget deficit through economic growth. I think we all have a responsibility to make sure we have adequate offsets in the bill so we don't add further to the Federal deficit. That is called budget discipline. We talked about that a little bit on the floor of the Senate today. This bill is fully paid for through offsets. I urge my colleagues, as we look in the weeks ahead at what we will call a jobs bill, which will help put more Americans to work--and I fully support that--that we follow the leadership of our President. The first thing he mentioned in the State of the Union Address last night was that we ought to pay attention to small businesses. I agree with the President. I hope that is a major part of our jobs bill; that it will be provisions that will provide tax credits for new job hires, help for small businesses dealing with health insurance and that it will increase the SBA's capacity to make loans to small businesses and will, indeed, provide a new avenue for opening credit to small businesses, putting the spotlight on the banking community so they do more, as they should, to help small businesses grow so we can create new jobs and grow our economy. That should be our first priority. I pledge to work with my colleagues in the Senate and work with the administration so we can get the job done in the Senate.

Mr. CARDIN

Mr. CARDIN. Mr. President, I wish today to honor the life of Dr. Martin Luther King, Jr. I would like to take this opportunity not only to talk about the man but also the movement. During a time of segregation, violence, unnecessary bloodshed, and ignorant bigotry, a man named Martin Luther King, Jr., graced the world with his poignant determination for peace. His life continues to inspire not only Americans but the world in continued efforts for equality amongst all men and women. This week the Nation reflects on Dr. King's life and legacy. I remember being a young man during his lifetime. I remember not only the struggles he faced but the justice he longed for. As I reread Dr. King's letter from Birmingham Jail, where he wrote about trying to explain to one's child why she can't go to a public amusement park because she was Black; where he wrote about the humiliation of nagging signs that read ``white'' and ``colored;'' where he wrote about the internal fight against a ``degenerating sense of nobodiness,'' I ask our Nation not to return to such a time but instead continue to move our Nation forward in accepting all people. While Dr. King was fighting for national civil rights, I was growing up in Baltimore City, MD. I attended a segregated public school, and I remember with great sadness how discrimination was not only condoned but, more often than not, actually encouraged against Blacks, Jews, Catholics, and other minorities in the community. I remember the local movie theater denying admission to African Americans. I remember the community swimming pools that had signs hanging that read, ``No Jews, No Blacks allowed.'' In the wake of death threats, physical attempts on his life, home bombings, and jail time, Dr. King fought for the rights Americans hold so dear. He fought for the right to vote, the right to equal access, the right to an equal education, and the right to be treated and seen as an equal. More than 40 years later, our Nation has made significant progress. We have elected our first African-American President, we have women running Fortune 500 companies, we have the first female Speaker of the House, we have our first Latina Supreme Court Justice, and many more accomplishments have occurred. And while we have come a long way from segregated lunch counters and firehouses and dogs being unleashed on protesters, we still have not reached the mountaintop. There are still laws, policies, and negative perceptions that infringe on individual civil rights. The issues of today are not so different than the issues of Dr. King's time. We are at war. There is discrimination. There are disparities. There is hate. We must fight and expose these injustices. Dr. King believed that you must expose injustices ``with all the tension its exposure creates.'' We must take up these issues. We must address health care disparities, discrimination in all forms, abuses in our criminal justice system, and bad legislative policies. We must not shy away from what great people before us worked so hard to bring to light. This is not the time for what Dr. King called the ``moderate.'' This is not the time for those who say they agree with us in the goal but fail to take direct action. This is the time for action against injustices. When more than 40 million Americans don't have access to quality health care, an injustice has occurred. When Americans receive discriminatory sentencing, an injustice has occurred. When Americans are subjected to discriminatory lending, an injustice has occurred. When hate crimes are perpetrated, an injustice has occurred. When our country uses torture, an injustice has occurred. When any form of discrimination is used, an injustice has occurred. So I ask my fellow colleagues in the Congress and my fellow Americans nationwide, as we start a new year, a new decade, remember that ``human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be coworkers with God . . .'' Stand with us as we take up the controversial issues of the day-- immigration, employment nondiscrimination, pay equity for women, hate crimes, sentencing reform, education reform, and remember such actions are taken in dedicated efforts toward a more loving and just union. Dr. King said that the ultimate measure of a man or woman is not where he or she stands in the moments of comfort and convenience, but where he or she stands at times of challenge and controversy. He stood up and fought for what was just in a world of controversy. I ask you all to stand up on the shoulders of Dr. King and fight for the elimination of hate and discrimination. Dr. Martin Luther King, Jr., will always be remembered for his courage, elegance and tireless endurance for the fight of equality in America.

Mr. CARDIN

Mr. CARDIN. Mr. President, as chairman of the Helsinki Commission, I wish to pay tribute to Micah Naftalin who served as national director of the Union of Councils for Soviet Jews until his death in late December. Micah worked tirelessly as a leader in the grassroots activist movement in the U.S. on behalf of Soviet Jews denied their fundamental freedoms and human rights, including their right to leave the U.S.S.R. His passionate advocacy included close work with the Helsinki Commission over the years, with a particular focus on the cases of individual refuseniks, Jews denied permission by the Soviet authorities to exercise their right to emigrate. Micah brought a unique zeal to his work on behalf of struggling Soviet Jewry and helped pave the way for an exodus of Jews from the Soviet Union. From the push to enact the Jackson-Vanik amendment in the early 1970s and vigils outside of the Soviet Embassy to the 1987 Freedom Sunday mass rally on the National Mall under the banner, ``Let My People Go,'' Micah was there. He saw the reforms ushered in by Soviet leader Mikhail Gorbachev as an opening that might lead to relief for Jews and others denied their basic human rights in that country. Besides emigration concerns, he also closely monitored manifestations of anti-Semitism in the U.S.S.R. and the plight of political prisoners. With the easing of restrictions on emigration and the eventual breakup of the Soviet Union, Micah continued his human rights advocacy, contributing to efforts to monitor developments throughout Russia's regions as well as in newly independent countries, including Ukraine and Belarus. In 1993, he served as a public member on the U.S. delegation to the Implementation Meeting on Human Dimension Issues. Micah testified before the Helsinki Commission on numerous occasions drawing on his decades of experience as an activist fervently dedicated to advancing human rights on behalf of others. His voice will be sorely missed. On behalf of the Commission, I offer his family our heartfelt condolences.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent the Senate proceed to executive session to consider en bloc Executive Calendar Nos. 264, 280, 303, 315, 429, 478, 489, 490, 582, 583, 584, 585, 586, 587, 593, 594, 595, 596, 597, 598, 599, 600, 601, 611, 612, 613, 621, 624, 626, 632, 633, 634, 635, 636, 637, 638, 639 and all nominations on the Secretary's Desk in the Coast Guard, Foreign Service, and NOAA; the nominations be confirmed en bloc, the motions to reconsider be laid on the table en block; that no further motions be in order; that any statements relating to the nominations be printed in the Record, and the President be immediately notified of the Senate's action and the Senate resume legislative session.

Mr. CARDIN

Mr. CARDIN. As in executive session, I ask unanimous consent that all the nominations received by the Senate during the 111th Congress, first session, remain in status quo, notwithstanding the December 24, 2009, adjournment of the Senate, and that the provisions of rule XXXI, paragraph 6, of the Standing Rules of the Senate, with the following exceptions: PN1119, COL David Teeples; Calendar No. 32, Dawn Johnsen; Calendar No. 205, Mary Smith; Calendar No. 312, Christopher Schroeder; Calendar No. 488, Edward Chen; Nos. 491 and 492, Craig Becker, and Calendar No. 579, Louis Butler.

Mr. CARDIN

Mr. CARDIN. I now ask for a second reading en bloc, and I object to my own request en bloc.

Mr. CARDIN. Mr. President, I understand there are two bills at the desk, and I ask for their first reading en bloc.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent that notwithstanding the upcoming recess or adjournment of the Senate, the President of the Senate, the President pro tempore, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent action of the two Houses or by order of the Senate.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent that H.R. 3590, as amended, be printed.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent that the concurrent resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. CARDIN

Mr. CARDIN. Mr. President, as I previously indicated, the next vote is expected to take place prior to the caucus luncheons on Wednesday, January 20.

Mr. CARDIN. Mr. President, the next rollcall vote will be on the confirmation of the Martin nomination, and it is expected to occur prior to the caucus lunches on Wednesday, January 20. Mr. President, I suggest the absence of a quorum.

Mr. CARDIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn sine die until noon on Tuesday, January 5, 2010, for a pro forma session only, with no business conducted, and under the provisions of H. Con. Res. 223; that following the pro forma session, the Senate adjourn until 11 a.m., Tuesday, January 19, 2010, for a pro forma session only, with no business conducted; further that the Senate adjourn until 10 a.m., Wednesday, January 20, 2010; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and the Senate proceed to a period of morning business for 1 hour, equally divided between the two leaders or their designees, with Senators permitted to speak for up to 10 minutes each; that following morning business, the Senate proceed to executive session to consider the nomination of Beverly Baldwin Martin of Georgia to be a U.S. circuit judge for the Eleventh Circuit, as provided under a previous order; further that the Senate recess on Wednesday from 12:30 to 2:15 p.m. for the weekly party conference lunches.

Mr. CARDIN

Mr. CARDIN. Mr. President, I ask unanimous consent that the title amendment No. 3298, which is at the desk, be considered and agreed to, and the motion to reconsider be laid upon the table.

Mr. CARDIN

Mr. CARDIN. I again want to wish everyone a very happy holiday season. I know everybody has been looking forward to this particular request, and that is, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the provisions of H. Con. Res. 223.