Member of Congress

Benjamin Cardin

Role
Former Senator
State
MD
Party
Democrat

Speeches

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 20062005-05-19

Mr. CARDIN

Mr. CARDIN. Madam Chairman, I have some grave concerns about several provisions of this bill. Among the most important concerns to Marylanders is the fact that this bill cuts clean water funding by $241 million from last year's appropriated level--bringing our financial commitment to clean water down to 1989 funding levels. This money--in the Clean Water State Revolving Fund--pays for sewage system upgrades across the country. We in Maryland know how incredibly important this money is to protect the health of our people. Fifty million gallons of waste will spew from Baltimore's crumbling sewers in May. Nitrogen pollution is the most significant environmental hazard facing the Chesapeake Bay. The so-called ``dead zones'' in the Chesapeake Bay and its tributaries (in which there is too little oxygen to support a healthy ecosystem) are a direct result of nutrient pollution, principally nitrogen. In July of 2003, data from the EPA's Chesapeake Bay Program shows one of the largest areas of oxygen- depleted water seen since the program began monitoring 20 years ago. The Clean Water Act requires the Environmental Protection Agency to issue permits for all sewage treatment plants that will protect water quality in the Chesapeake Bay and its tributaries, yet the EPA routinely fails to include restrictions on nitrogen pollution in these permits. The EPA has not updated the standards on nitrogen pollution in almost 20 years. We need to commit more money--not less--to enforce the Clean Water Act. No issue united the people of Maryland and our region as well as the effort to ``Save the Bay.'' Rather than fulfill the obligations of the federal government to serve these people and protect the Bay, this bill reduces the federal government's commitment to enforcing the Clean Water Act. We have an obligation to ensure that our estuaries nationwide are there for future generations, and to do that we must restore funding to enforce the Clean Water Act.

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DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 20062005-05-18

Mr. CARDIN

Mr. CARDIN. Mr. Chairman, I offer an amendment.

Mr. CARDIN. Madam Chairman, I yield back the balance of my time.

Mr. CARDIN. Mr. Chairman, I yield myself such time as I might consume. Mr. Chairman, I would like to thank the chairman and ranking member for working with me on this amendment to improve it. Today, I am offering an amendment to H.R. 1817, the Department of Homeland Security Authorization Bill for fiscal year 2006, that would require DHS to conduct a study of the feasibility and desirability of modifying and updating the existing boundaries of the National Capital Region of DHS. My amendment would require DHS to issue a report within 6 months to Congress on whether modifying the National Capital Region would, one, improve coordination among State and local governments within the region, including regional governing bodies, and coordination of the efforts of first responders; and, two, enhance the ability of State and local governments and the Federal Government to prevent and respond to a terrorist attack within the National Capital Region. We passed nearly an identical amendment in October 2004 when the House considered the 9/11 Commission recommendations bill. This amendment clarifies that DHS will ultimately make a recommendation on whether to make any changes in the NCR subject to the approval by Congress. The National Capital Region was defined by Congress in a statute in 1952 as part of an effort to coordinate a comprehensive planning responsibility for the national capital and surrounding areas. The 1952 act, the National Capital Planning Act, created the National Capital Planning Commission and defined the NCR to include the District of Columbia; Montgomery and Prince Georges' counties in Maryland; Arlington, Fairfax, Loudon, and Prince William counties in Virginia. The NCR also includes all cities within these counties. Unfortunately, when Congress created the new Department of Homeland Security in 2002, it simply referred to the 1952 definition of NCR. It is clear to me that in order to effectively prepare our capital region for first responders, for the terrorist threats of the 21 century, we need to have a 21-century definition of the National Capital Region, not a definition based on a post-World War II and early Cold War America. Washington, D.C. remains the highest-profile target for terrorists who successfully attacked the Pentagon on September 11, 2001, and failed to complete their attack against the White House or the U.S. Capitol. Therefore, we need to take extraordinary steps to improve the coordination between governments and first responders in Washington D.C., Virginia, and Maryland in order to prevent and respond to attacks in the National Capital Region. In the event of a terrorist attack in Washington, D.C., for example, local and State and government officials in Maryland and Virginia would be expected to provide immediate resources to assist in the recovery. Maryland and Virginia would be asked to help in the evacuation of thousands or even over a million people from the Washington, D.C. metro region in certain circumstances. Such an event would place an extraordinary strain on our existing first responder community and may overwhelm the ability of local, regional, State, Federal, military, public health, and non-profit agencies and personnel. So this amendment simply asks that we do the study to see what is the appropriate definition for the purposes of homeland security. I want to thank my colleague, the gentleman from Maryland (Mr. Bartlett), for his leadership on this issue. Again, I want to thank the chairman and ranking member for working with me on this amendment in order to make it an effective study for Congress. I would urge my colleagues to accept this amendment. Madam Chairman, I reserve the balance of my time.

Mr. CARDIN. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, by way of brief background, this legislation creates an Assistant Secretary for Cybersecurity, a much-needed high-level position in the Department of Homeland Security. We need one person in our government to serve as the point person on cyber security issues. The legislation also tasks the Under Secretary for Science and Technology with support, research, and development, including long-term research, into cybersecurity issues with a particular focus on preventing and responding to large-scale, high-impact attacks. This bill would require the Under Secretary to coordinate their activities with the Assistant Secretary for Cybersecurity and three other named agencies: NSF, DARPA, and NIST. My amendment would bring to the table one agency in addition, which would be the National Security Agency, or NSA. NSA is most well known for its signals intelligence and interception of messages. However, NSA has a long and distinguished history of working in the field of information assistance. Indeed, NSA is responsible for safeguarding the privacy and security of military communications as well as many other civilian communications of our government. Mr. Chairman, I want to thank the chairman and ranking member of the committee for working with me on this amendment, and I would urge my colleagues to accept the amendment. Mr. Chairman, I yield back the balance of my time.

Mr. CARDIN. Mr. Chairman, I offer an amendment.

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THE "PRESERVING PATIENT ACCESS TO PHYSICIANS ACT OF 2005"2005-05-16

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise today to join my colleague, Representative Clay Shaw, to introduce the ``Preserving Patient Access to Physicians Act of 2005.'' This is an issue of great importance to Medicare beneficiaries and to the providers who care for them. Under current law, physicians are reimbursed according to a payment formula that uses the Sustainable Growth Rate (SGR). This formula led to a 5.4 percent cut in payments in 2002. Additional cuts in 2003, 2004, and 2005 were averted only after Congress intervened. The most recent short term intervention--in the 2003 Medicare Modernization Act--will expire in seven and a half months on January 1, 2006. If Congress does not act soon, a 4.3 percent across-the-board cut will be imposed for 2006 and between 2007 and 2012 cuts would total approximately 30 percent. To restore predictability and stability to providers, Congress must devise a permanent solution that will stave off this impending crisis and its potential impact on beneficiaries' access to care. The current physician payment formula is flawed for two primary reasons: first payment rates are calculated by using the SGR, which is in turn tied to our Nation's Gross Domestic Product (GDP). When the economy softens and GDP declines--unless physician volume and costs decline correspondingly--physician payment updates will be decreased. But this is a faulty measure of appropriate utilization, because the health care needs of our seniors do not decline during economic downturns. We faced such a situation in 2002, when the economy faced a downturn, yet the rising costs of caring for beneficiaries continued to rise. As a result, CMS cut the physician update by 5.4 percent. Furthermore, the SGR system fails to recognize that several factors driving volume and cost increases are beyond providers' control. These include administrative coverage decisions that promote greater use of physician services, increases in the cost of the physician-administered drugs, and the addition since 1997 of valuable, life-saving preventive benefits, including mammograms, pap smears, colorectal and prostate cancer screening, and bone mass measurements for osteoporosis. In addition, the 2003 MMA added a physical examination for new beneficiaries, cholesterol and lipid screenings, and limited prescription drug coverage. As a result of these initiatives, beneficiaries will visit their physicians more often-to get prescriptions for newly-covered drugs, to be monitored for drugs' side effects, to receive newly-covered preventive services, or to receive follow-up care for conditions diagnosed by these services. These costs must be taken into account in determining payment updates for physicians. Physicians should not be penalized for increases in volume resulting from Congressional initiatives. The volatility of Medicare reimbursement jeopardizes the ability of physician practices to make sound long-term financial decisions. Many physicians in my home State of Maryland are beginning to limit the number of Medicare patients they treat. Cuts in Medicare payments also jeopardize access to care for our military families and retirees, because the TRICARE program sets its rates based on Medicare's. In addition many State Medicaid programs and other third party payers rely on Medicare's system to set their rates. Congress must replace the SGR with a methodology that assures adequate and appropriate payments as well as a stable updates for Medicare providers. The Medicare Payment Advisory Commission in its March 2005 report and recommends implementation of a system where updates are based on a fair assessment of practice costs and adequacy of payment rates. The Preserving Patient Access to Physicians Act of 2005 would set the Medicare physician payment update for 2006 at no less than 2.7 percent, in accordance with MedPAC's recommendation. For 2007 and beyond, it would replace the flawed physician payment formula with a new formula that increases the update to reflect changes in the cost of providing care. There is bipartisan agreement that Congress needs to fix the physician payment formula permanently. Unfortunately, budgetary constraints have limited us to only short-term fixes. Our nation is facing a $7 trillion debt, and this year's budget deficit exceeds $500 billion. Given our Nation's fiscal situation and the budget rules on Congress, the likelihood that Congress will enact a permanent fix this year is diminished. But each year that we delay increases the ten-year cost of the bill, and Congress must move beyond a band-aid approach to a more comprehensive, responsible and permanent solution to this flawed payment system. This is an ambitious bill, but one that I believe is necessary to initiate serious debate on this matter. Congress must make sure that the enactment of a solution for physician reimbursement is done in a fiscally responsible manner. MedPAC's March 2005 report also notes that neither the SGR nor any previous mechanism has been successful in moderating growth of physician services through the use of volume targets. Specifically, according to MedPAC, ``volume has continued to grow and legislated targets have not succeeded in differentiating between beneficial volume growth and increases in inappropriate services. The current sustainable growth rate (SGR) formula has resulted in both budgetary and policy problems.'' Congress must devise a way to control unwarranted growth in services without compromising the delivery of needed medical care. I also want to address an issue of great importance to our beneficiaries--rising Medicare premiums and copayments. Increases in Medicare Part B premiums are set by law based on the actuarial value of the coverage. Increases in Part B costs in turn increase the monthly premiums and copayments that beneficiaries must pay. I recognize that this bill is no exception to the rule. CMS has just reported that monthly premiums for Part B will rise to an estimated 14 percent to $89.20 in 2006, largely because of an unexpected 15 percent increase in spending on physician visits and other outpatient services in 2004. According to CMS, the higher spending levels can be attributed to longer office visits, more services provided, an increase in laboratory tests and imaging services, and higher use of physician-administered drugs. CMS also reported that enrollment growth and a 1.5 percent increase in Medicare physician reimbursements last year were not significant factors in the overall spending increase. The annual cost-of-living increases in our seniors' and disabled persons' Social Security checks are not sufficient to cover rapidly increasing Medicare premiums. Furthermore, because the prescription drug coverage enacted in 2003 will be administered by private plans that will set their own premiums, seniors do not know what they will have to pay for a drug plan premiums next year or in the years to come. So, in addition to fixing SGR, Congress must also act to protect beneficiaries from sharp increases in premiums. We must make sure that seniors do not pay the price for appropriate increases to health care providers. As a member of the Ways and Means Committee, I will continue to work with my colleagues and with all groups who want to preserve access and affordability for beneficiaries while achieving fairness in our reimbursement system. I urge my colleagues to cosponsor this important legislation.

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ISRAEL INDEPENDENCE DAY2005-05-13

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, ``It should not be forgotten even for a moment that Israel's security problem is quite unlike that of any other country. This is no problem of borders or sovereignty, but a problem of physical survival, in the literal meaning of the term. And it is a question of the survival not only of the people of Israel but of the Jewish people the world over.'' These words were spoken in 1960 by former Prime Minister David Ben- Gurion, who led the struggle to create Israel. More than 4 decades have passed since these words were spoken, but they have the same profound impact on us as Jews today as when they were first uttered. Today I express my solidarity with Israel as it celebrates the 57th anniversary of its founding. As a Member of Congress, I stand with Israel and express my solidarity and support for the State of Israel during these most troubling of times. We must remember that any legitimate peace process must insist that the Palestinians bring an immediate end to acts of terrorism. Israel is fully committed to pursuing negotiated agreements with her Arab neighbors so that it may finally live in peace and security. Israel reached historic peace agreements with Egypt and Jordan in which both sides made serious compromises for the sake of normalized relations. Through its democratic system, the Israeli electorate has voted out governments they believe have not done enough to pursue peace, just as they have voted out governments they believe have not done enough to promote their security. The Palestinian campaign of terrorism and violence has caused even those Israelis most supportive of the peace process to question the Palestinian Authority's suitability as a negotiating partner and its commitment to peaceful reconciliation with Israel. Israel has demonstrated time and again its sincere desire for peace and its readiness to make the difficult decisions required for peace, as it begins its withdrawal from the Gaza strip and parts of the West Bank. I hope that the new Palestinian government elected by the Palestinian people will move quickly and make the tough choices necessary for a lasting peace.

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FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT2005-05-12

Mr. CARDIN

Mr. CARDIN. Mr. Chairman, I rise in strong support of H.R. 1544, the Faster and Smarter Funding for First Responders Act of 2005. This bill will: give priority assistance to first responders facing greatest risk; require input from first responders when setting criteria for grant applications; streamline terrorism preparedness grants; set specific, flexible, and measurable goals for state and local government terrorism preparedness; and for the first time authorize regional terrorism preparedness grants. In the 108th Congress I was privileged to serve on the Select Committee on Homeland Security, the predecessor to the permanent Homeland Security Committee, which has brought this bill to the floor today. This bill implements one of the most important recommendations of the 9/11 Commission, which stated that ``homeland security assistance should be based strictly on assessment of risks and vulnerabilities . . . [F]ederal homeland security assistance should not remain a program for general revenue sharing. It should supplement state and local resources based on the risks or vulnerabilities that merit additional support. Congress should not use this money as a pork barrel.'' Under this legislation, states for the first time must prioritize their spending among their jurisdictions based on risk, threat, vulnerability, and consequences of a terrorist attack. This legislation includes new criteria that I authored in committee which will benefit Maryland. For example, the bill requires the Department of Homeland Security (DHS) to consider, when making grants, whether the state or local government has a significant transient commuting or tourist population, such as Marylanders who commute back and forth between Washington, Baltimore, and the suburbs. The bill also authorizes DHS to consider whether the state or local government has a close proximity to specific past acts of terrorism (such as the Maryland suburbs of Washington, DC), or the known activity of any terrorist group. The bill authorizes grants to regional governments with a population of more than 1.65 million people, which would allow the Baltimore metro region, and the surrounding counties of Baltimore, Howard, and Anne Arundel to apply for regional counter-terrorism grants that will help to prevent an attack and better prepare the county governments to respond in a coordinated fashion to an attack. The bill also requires states to make timely awards to state and local government, and requires an 80 percent pass through within 45 days. This legislation is an important improvement in our commitment to a strong homeland defense and deserves our support.

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BALTIMORE-WASHINGTON INTERNATIONAL AIRPORT IS RENAMED IN HONOR OF JUSTICE THURGOOD MARSHALL2005-05-11

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise to ask my colleagues to join me in recognizing an important day in Maryland history. Yesterday, in Annapolis, legislation was signed into law renaming our State's largest airport the ``Baltimore-Washington International Thurgood Marshall Airport.'' Born in Baltimore, Maryland in 1908 and educated in our State's public school system, Thurgood Marshall devoted his life to the pursuit of equal justice for all Americans. Named ``Thoroughgood'' at birth after his great-grandfather, a former slave who had fought for the Union Army during the Civil War, Marshall later shortened his name to ``Thurgood.'' After graduating from Lincoln University, Marshall received his law degree from Howard University in 1933, and set up private practice in Baltimore before joining the Baltimore NAACP. His remarkable career spanned several decades, during which he served our country honorably. His work as Director-Counsel of the NAACP laid the groundwork for some of the most historic civil rights decisions in our Nation's history. He also achieved international stature as a champion of equal rights around the world. President John F. Kennedy nominated Marshall to the U.S. Court of Appeals for the Second Circuit in 1961. President Lyndon B. Johnson named him U.S. solicitor general in 1965 and nominated him to the Supreme Court in 1967. Justice Marshall served as the first African American Justice from 1967 until he retired in 1991. Thurgood Marshall passed away in 1993 at age 84, and his body lay in state at the Supreme Court where thousands of mourners came from across the Nation to pay tribute to him. Renaming this international airport for him now serves as another fitting tribute to such a great Marylander and a great American. It will also serve to enlighten travelers from around the world that Baltimore was his home. Finally, Mr. Speaker, I want to acknowledge the extraordinary bipartisan effort in our state legislature--and particularly recognize the leadership of Delegate Emmett C. Burns, Jr.--that led to enactment of this law, and encourage all of my colleagues in Congress to use the Baltimore- Washington International Thurgood Marshall Airport for their next flight home.

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HOLOCAUST REMEMBRANCE DAY2005-05-05

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise today to commemorate Yom Hashoah, Holocaust Martyrs' and Heroes' Remembrance Day, which memorializes the 6 million Jews murdered by the Nazis during their campaign of genocide in World War II. We mourn the innocent lives lost and vibrant communities destroyed while the world shamefully stood silent, and honor those heroes of the Warsaw Ghetto who faced certain death when they refused to submit to the Nazi's planned extermination of their community. To this day, Mr. Speaker, many European countries have failed to right the past wrongs of the Holocaust by failing to adequately redress the wrongful confiscation of property by the Nazi and communist regimes. These seizures took place over decades; they were part of the modus operandi of repressive, totalitarian regimes; and they affected millions of people. The passage of time, border changes, and population shifts are only a few of the things that make the wrongful property seizures of the past such difficult problems to address today. While I recognize that many obstacles stand in the way of righting these past wrongs, I do not believe that these challenges make property restitution or compensation impossible. On the contrary, I believe much more should have been done--and can still be done now--while our elderly Holocaust survivors are still living. Today I also want to sound the alarm about a disturbing trend that Jews face today: a rising tide of anti-Semitism throughout the world. I serve as the Ranking Member of the Commission on Security and Cooperation in Europe (CSCE), commonly known as the Helsinki Commission. Last year I traveled as part of the U.S. Delegation, with former Secretary of State Colin Powell, to attend a special conference in Berlin addressing anti-Semitism, held under the auspices of the Organization for Security and Cooperation in Europe (OSCE). The OSCE is a 55-nation regional security organization which promotes democracy and human rights in Europe, Central Asia, and North America. Before traveling to Berlin, I made a point to visit Auschwitz for the first time. I was shocked and stunned to see how efficient the Nazi operation was: they wanted to maximize the number of individuals that could be killed. Seeing the remains of that factory of intolerance, hate and death, it reaffirmed how we must continually stress the importance of advancing understanding throughout the OSCE region and the entire world. We must tirelessly work to build understanding and respect between different communities to prevent future acts of prejudice and injustice. At the Berlin Conference, I had the privilege of participating as a member of the U.S. delegation, and I gave the official U.S. statement in the session on tolerance. The meeting ended with the issuance of the Berlin Declaration of Action. The Berlin Declaration laid out a number of specific steps for states to take to combat the rising tide of anti-Semitism, including: striving to ensure that their legal systems foster a safe environment free from anti-Semitic harassment, violence or discrimination; promoting educational programs; promoting remembrance of the Holocaust, and the importance of respecting all ethnic and religious groups; combating hate crimes, which can be fueled by racist and anti-Semitic propaganda on the Internet; encouraging and supporting international organizations and NGO's; and encouraging the development of best practices between law enforcement and educational institutions. As we commemorate Yom Hashoah, let us honor the memory of those who perished in the Holocaust by pledging to fight intolerance, hate crimes, and violence in our community and around the world. We shall never be silent again.

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CONFERENCE REPORT ON H.R. 1268, EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF ACT, 20052005-05-05

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise in support of H.R. 1268, to authorize emergency supplemental appropriations for our military. The vast majority of this $82 billion bill will go directly to support our troops in Iraq and Afghanistan. Congress has a responsibility to work with the President to protect the national security of our Nation. When our soldiers are sent in to war, it is the Congress' responsibility to make sure that all resources necessary are provided to carry out their missions. I stand behind our brave men and women who have performed admirably in Iraq and Afghanistan. They have made tremendous sacrifices on behalf of their country and have served longer deployments than expected. This bill provides important new benefits for our troops and their families. The legislation: increases the military death gratuity; increases subsidized life insurance benefits; creates a new insurance benefit for soldiers who have suffered traumatic injuries, such as the loss of a limb; extends the Basic Allowance for Housing for dependents of soldiers who die while on active duty; and provides additional funding for add-on vehicle armor kits, night-vision equipment, and radio jammers that disrupt remote-control bombs and mines. The conference report also contains important measures to strengthen our domestic border security, by providing funds for new border patrol agents, immigration and customs investigators, enforcement agents, and detention officers. The bill also provides additional foreign assistance for: tsunami reconstruction; humanitarian and peacekeeping programs in Darfur; democracy assistance in Belarus; and political and economic reforms in Ukraine to strengthen their new democracy and legal system. I regret that the Administration has consistently failed to properly budget for our ongoing military and reconstruction operations in Iraq. Congress should not repeatedly rely on emergency spending bills to provide the critical funding, resources, and equipment for our troops in battle by using emergency supplemental appropriations bills. The United States is only belatedly seeking international support for our reconstruction efforts in Iraq, and we have failed to broadly engage the international community. Because of these failures, Americans have paid a heavy price. It is primarily American troops stationed in Iraq that face continuing attacks, and have lost life and limb. It is our taxpayers that are being asked to almost exclusively pay the cost to rebuild Iraq, and these costs are mounting every day. Iraq is already facing a difficult transition in establishing a democracy that operates under the rule of law and protects minority rights. The U.S. must show enough flexibility in working with our allies to effectively help Iraq during this critical transition period, so that other countries will pledge both troops and funds to alleviate the burden on our American soldiers and taxpayers. Ultimately, the best way that we can support our troops is to reach out more aggressively to the international community, establish order and security in Iraq, and help the interim Iraqi government assume more responsibility for its own affairs as they establish a democratic state. I am also disappointed that the Republican leadership decided to insert extraneous provisions into this legislation, which go beyond the scope of the 9/11 Commission recommendations. I voted against the ``REAL ID Act'' when it was considered by this House as a separate bill earlier this year. I am particularly concerned that this legislation repeals a number of provisions of the Intelligence Reform and Terrorism Prevention Act of 2004, which enacted the recommendations of the 9/11 Commission. The 9/11 bill established a negotiated rulemaking framework--allowing for critical input from governors, State legislators, State officials, and other stakeholders--which would provide the opportunity to develop effective national standards for driver's licenses. I am concerned that this legislation does not give the States adequate flexibility to implement the 9/11 bill, and that this legislation may also create serious unfunded mandates and administrative burdens for the States. As the ranking member of the Helsinki Commission (Commission on Security and Cooperation in Europe), which promotes human rights and rule of law in Europe, I am also concerned about many of the asylum law changes contained in the REAL ID Act, which again go beyond the scope of the 9/11 Commission recommendations. These provisions may have a harmful effect on true asylum seekers, trafficking victims, women and children who are victims of domestic violence, and others seeking protection against persecution. This legislation may create higher burdens for legitimate asylum seekers, restrict judicial discretion to grant asylum, and take away some of the rights of appeal for certain refugees and asylum seekers. Over the past week I have heard from a number of groups in Maryland that provide legal and social services to immigrants, asylum seekers, refugees, and survivors of torture and slavery. These groups have reported to me that it is already extremely difficult for legitimate asylum seekers to prevail in their case, as they have often left their home country on short notice, and do not have documentation of their persecution. It can take months or years for a case to work its way through our legal system. During this period, the asylum seeker often has neither legal representation nor work documentation. I hope that in the near future Congress will have the opportunity, in a more thoughtful manner, to consider comprehensive immigration reform measures.

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INTRODUCTION OF LEGISLATION COMMEMORATING THE WAR OF 1812 BICENTENNIAL2005-05-03

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, today I am introducing with Representative Wayne Gilchrest two pieces of legislation that will be catalysts for the forthcoming national commemoration of the Bicentennial of the War of 1812. The first bill, entitled the ``Star-Spangled Banner National Historic Trail Act'', will establish within the National Park Service's National Trails System a 290-mile long trail extending from Southern Maryland through the District of Columbia and Virginia and north to Baltimore, Maryland. The trail will follow and recognize the Chesapeake Campaign of the War of 1812. That campaign culminated with the British bombardment of Ft. McHenry which inspired our National Anthem. The second bill, entitled the ``Star-Spangled Banner and War of 1812 Bicentennial Commission Act'', will authorize establishing a national commission to organize, facilitate and encourage observance and commemoration of America's Second Revolutionary War--the War of 1812. The Commission will also seek to protect historic and cultural resources associated with the war. The War of 1812 tested our young nation to its roots. Shortly after conclusion of the Revolutionary War and the establishment of a federal government for our nation, the English and French entered 22 years of war. Our nation, dependent upon trade to survive, was increasingly drawn into this conflict. Though we struggled to remain neutral traders, essential tools in the English-French conflict were the naval blockade and other trade-restricting efforts. The English, with the most powerful navy, were particularly effective in enforcing blockades, often directly off our shores--frequently intercepting American trading vessels in our own territorial waters. In addition, the British aggressively impressed American sailors. England claimed the right to halt American ships and remove both suspected deserters from the Royal Navy and former subjects of His Majesty though they were American citizens. From 1793 through 1812, our country sought to establish its neutrality and reduce growing frictions with the British on the seas through diplomacy. But anti-British feelings grew, particularly in the West and South where expansionists were strong. Growing economic pressures also led to young, aggressive Members of Congress from these regions gaining control and declaring war against the British in 1812. Central to the War of 1812 was the Chesapeake Campaign. The British were depending largely upon their navy to vanquish the Americans and they almost immediately began a very effective blockade of the Chesapeake and Delaware Bays. In the summer of 1814 the British launched a land and naval attack upon the United States beginning in Southern Maryland. The British engaged with the American Chesapeake Flotilla on St. Leonard's Creek in Calvert County in June. In August they put troops ashore at Benedict, on the Patuxent River and began marching towards the largely undefended City of Washington. After the brief Battle of Bladensburg, the British marched into Washington and burned much of the new federal city. The British then turned to the greater prize of the era, an attack on Baltimore. The City of Baltimore in 1814 was far larger, wealthier and more important than Washington. Three American warships were under construction in the Baltimore harbor at the time and the City's shipyards were well known for outfitting most effective privateers--the Baltimore Clippers. But Baltimore was well defended. Local leaders had organized defensive efforts, acting independently from the national government. Private donations of more than $500,000 had been put to good use and militias from Maryland, Virginia and Pennsylvania gathered, joining with many local citizens to defend the city. The British first met strong resistence at the Battle of North Point, but they prevailed through greater numbers and then held up just outside the city limits to await the naval cooperation necessary to occupy Baltimore. Thus Ft. McHenry became the crucial battle line. The heroic defenders at Fort McHenry held off the British fleet through the ships' long bombardment, ending the English advance and preserving liberty and independence for our young nation. Our National Anthem, written that fateful night by Francis Scott Key as a poem, well recognizes the historic importance of this battle to our people and nation. The proud history of this Second War of Independence deserves broad national commemoration upon its bicentennial. The first bill introduced today will designate the Star-Spangled Banner Trail in the States of Maryland and Virginia and the District of Columbia as a National Historic Trail. Today, the Park Service has designated 16 National Historic Trails, from the Lewis and Clark trail of exploration, to the trail from Selma to Montgomery. The Star Spangled Banner Trail will recognize the most important sites from the War of 1812's Chesapeake Campaign and the role played by the patriots of these battles in the ultimate defeat of the British by our young nation. The second bill we are introducing today authorizes the ``Star Spangled Banner and War of 1812 Bicentennial Commission'' to plan, coordinate and facilitate programs and other efforts to commemorate the historic events associated with the War of 1812. The Commission will be made up of citizens from 9 key states involved in the War from Alabama to New York, representatives of the cities of Baltimore, Washington and New Orleans, members of National Park Service, and appointees of the House and Senate. The Commission will have broad authority and responsibility for bicentennial events, but will also work to assure that the natural and cultural resources of the war are protected for the long term. As well, the Commission will enable improvements at sites and to facilities necessary to enhance and maximize our citizens' appreciation of this era's proud history. Several years ago Congressman Gilchrest and I worked closely on legislation directing the Park Service to conduct the studies that have lead to introduction of these bills. I am pleased that he is joining me today as the original co-sponsor on both. I would also like to recognize all the legislative work of Senator Paul Sarbanes to prepare for the commemoration of the Bicentennial of the War of 1812. He has introduced companion legislation in the Senate to the two bills we are introducing today. Mr. Speaker, I hope all our colleagues from the regions directly impacted by the War of 1812 and others from across the nation will join us in support of both these bills.

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THE PENSION PRESERVATION AND SAVINGS ACT2005-04-28

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I have greatly enjoyed working with my good friend from Ohio, Representative Rob Portman, on pension legislation for almost a decade. We have gotten good, bipartisan--even nonpartisan--legislation passed into law that has helped, and will continue to help, all Americans save for a better future. I am very happy with the President's choice to promote (or at least move) Rob to U.S. Trade Representative, where I know he will provide an intelligent, thoughtful voice on trade. I look forward to working with him in his new capacity to provide a level playing field for U.S. workers and freer international markets for U.S. goods. Today we introduce legislation that represents our progress on creating the next generation of Portman/Cardin pension legislation. These bills demonstrate the progress we have made and the goals we would like to pursue. I look forward to continuing this process that Congressman Portman and I have started as I continue to serve here in the U.S. House of Representatives. The bills we introduce today include a refundable, permanent savers' credit to give lower-income and younger workers more money to work with in saving for their future. We include incentives for employers to provide automatic enrollment in retirement plans to make saving easier for younger workers. We include incentives for choosing lifetime annuitant retirement, to ensure that retirement savings last a lifetime. This legislation makes permanent all of the pension improvements we made in 2001, including the availability of catch-up contributions, increased contribution limits, and increased portability of retirement savings. The major difference between the two bills filed today is that the legislation that I have authored does not include increases to the income caps for Roth IRAs. Once the Joint Tax Committee has scored this legislation, I intend to work with my colleagues to offer revenue offsets to mitigate any effect the enactment of this legislation could have on our budget deficit. I want to thank my friend, Rob, for being such a good, steadfast partner in helping Americans to plan for their futures. His commitment, intelligence, and willingness to put aside politics to create the best policy have been a credit to him and have made a difference in the lives of countless Americans.

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AMENDING THE RULES OF THE HOUSE OF REPRESENTATIVES TO REINSTATE CERTAIN PROVISIONS OF THE RULES RELATING TO PROCEDURES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT TO THE FORM IN WHICH THOSE...2005-04-27

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I just want to compliment the gentleman from Colorado (Mr. Hefley) for his comments. I support this resolution, and I think he has really stated the case very well, that the ethics process must work in a bipartisan manner. In fact, I served on the Committee on Standards of Official Conduct for 6 years during some of the most difficult times, including the investigation of Speaker Gingrich and the House so-called banking scandal. At no time during any of that debate did we break down on a partisan line in the Committee on Standards of Official Conduct. We worked things out. We figured out what needed to be done. The facts speak for themselves. So allowing for the Committee on Standards of Official Conduct process moving forward will allow it to operate in a nonpartisan way. The revisions that were passed in a partisan manner on the first day of this session were wrong. They were wrong in process, and they were wrong in substance. The process needed to be bipartisan. I had the opportunity to co-chair with Mr. Livingston the 1997 ethics task force that brought about the changes in our ethics rules. We worked together in a bipartisan manner to bring about those changes. That was not done in this case. The substance of these rules changes made it very difficult for the committee to function. All one needed to do was to allow time to go by and there was automatic dismissal. Failure to act was rewarded. It encouraged the partisan divisions since there is an equal number of Democrats and Republicans on the Committee on Standards of Official Conduct. That is not the way that the ethics committee can function in a nonpartisan or bipartisan manner. The rules changes were flawed, and the process was flawed. It is interesting that we have this resolution before us today. The reason is because the public understood what we did on the first day of this session, and they knew it was wrong. This is the people's House, and the people's voice has been spoken and heard by this body. We, today, will correct a mistake that we made on the opening day of this session. It will allow us to restore a proper ethics process that truly can function to carry out one of our most sacred responsibilities. Under the Constitution, we are required to judge the conduct of our own Members. This rules change will permit us to carry out that most sacred responsibility so we can restore public confidence in this body. This is a great institution, and this rules change will allow this institution to carry out that responsibility. Mr. Speaker, I regret that we have been delayed 4 months in this work. I am glad tonight that we are correcting the mistake that was made. I urge my colleagues to support the resolution.

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TRIBUTE TO DOROTHY L. MOORE2005-04-22

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise today to pay special tribute to Dorothy L. Moore upon her retirement as Executive Director of the Howard County Community Action Council. A life-long resident of Howard County, Maryland, Dottie has devoted her life to improving our community. Dottie began her 36-year career with the Community Action Council as a caseworker in 1969. As Executive Director of the agency, she administered an annual budget of $1.3 million. Dottie was instrumental in developing Howard County's first Senior Programs for African Americans and the first shelter for homeless persons. She also was important in the development of Howard County's first Homeless Care program, Mentoring Program for African-American males, the Family Support Center at Hilltop and Healthy Families Howard County. One of Dottie's greatest achievements was the 2002 opening of the Dasher Green Head Start Center. Her many community involvements also include serving as chair of the Howard County Human Rights Commission, and, in 2001, she was inducted into the Howard County Women's Hall of Fame. Dottie has also turned her attention to international concerns. She has been involved in efforts to fight poverty and provide educational opportunities for children in Ghana and Zimbabwe. In 2001, her work was recognized by Ghana when she was crowned Queen Mother of the Bretuo Clan in Asiakwa, where she is spearheading efforts to build a pre- school and school. I urge my colleagues in the U.S. House of Representatives to join me in celebrating the achievements of Dottie Moore. Her commitment and dedication to our community has been an inspiration to all of us.

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THE SREBRENICA MASSACRE OF 1995, HOUSE RESOLUTION 1992005-04-19

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I am pleased to join our colleague and Chairman of the Helsinki Commission, Mr. Smith of New Jersey, in cosponsoring House Resolution 199, regarding the 1995 massacre at Srebrenica in eastern Bosnia-Herzegovina. For us, the congressional debates regarding the nature of the Bosnian conflict and what the United States and the rest of the international community should do about it are increasingly part of history. Now focused on other challenges around the globe, it is easy to forget the prominence of not only Bosnia, but the Balkans as a whole, on our foreign policy agenda. It would be a mistake, however, to ignore the reality of Srebrenica ten years later to those who were there and experienced the horror of having sons, husbands, fathers taken away never to be seen again. Their loss is made greater by the failure to apprehend and transfer to The Hague for trial people like Ratko Mladic and Radovan Karadzic who were responsible for orchestrating and implementing the policies of ethnic cleansing. Following the Srebrenica massacre, the United States ultimately did the right thing by taking the lead in stopping the bloodshed and in facilitating the negotiation of the Dayton Agreement, the tenth anniversary of which will likely be commemorated this November. Thanks in large measure to the persistence of the U.S. Congress and despite the resistance of some authorities particularly in Belgrade and Banja Luka, cooperation with the International Criminal Tribunal for the former Yugoslavia remains a necessary precondition for improved bilateral ties and integration into NATO and the European Union. Meanwhile, the United States and many other countries have contributed significant resources, including money and personnel, to the region's post-conflict recovery. It is therefore appropriate that we, as the leaders of the Helsinki Commission, introduce and hopefully pass this resolution on Srebrenica ten years later, not only to join with those who continue to mourn and seek closure, but also to understand why we have done what we have done since then, and, more importantly, to learn the lesson of failing to stand up to those in the world who are willing to slaughter thousands of innocent people. The atrocities committed in and around Srebrenica in July 1995, after all, were allowed to happen in what the United Nations Security Council itself designated as a ``safe area.'' In confirming the indictments of Mladic and Karadzic, a judge from the international tribunal reviewed the evidence submitted by the prosecutor. His comments were included in the United Nations Secretary General's own report of the fall of Srebrenica, which described the UN's own responsibility for that tragedy. Let me repeat them here: After Srebrenica fell to besieging Serbian forces in July 1995, a truly terrible massacre of the Muslim population appears to have taken place. The evidence tendered by the Prosecutor describes scenes of unimaginable savagery: thousands of men executed and buried in mass graves, hundreds of men buried alive, men and women mutilated and slaughtered, children killed before their mothers' eyes . . . .These are truly scenes from hell, written on the darkest pages of history. Regardless of one's views of the Yugoslav conflicts--who started the conflicts, why, and what our response should have been--there is no denying that what happened to the people of Srebrenica was a crime for which there are no reasonable explanations, no mitigating circumstances, no question of what happened. As a result, it is inconceivable to me that anybody can defend Radovan Karadzic or Ratko Mladic, let alone protect them from arrest. There should also be no mistake, Mr. Speaker, that Srebrenica was only the worst of many incidents which took place in Bosnia and Herzegovina from 1992 to 1995. Like the shelling of Sarajevo and the camp prisoners at Omarska, the July 1995 events in Srebrenica were part of a larger campaign to destroy a multi- ethnic Bosnia and Herzegovina, which manifested itself in atrocities in towns and villages across the country. It does, indeed, meet the definition of genocide. I hope, Mr. Speaker, that the House will express its views regarding this massacre, which may fade in our memories but is all too recent and real to those who witnessed it and survived. Joining them in marking this event 10 years ago may help them to move forward, just as we want southeastern Europe as a whole to move forward. I call on my colleagues to support this resolution.

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INTRODUCTION OF SSI MODERNIZATION ACT2005-04-19

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, the Supplemental Security Income (SSI) program provides benefits to nearly 7 million elderly and disabled individuals who have few, if any, other resources. While it serves as the primary Federal program that assists low-income elderly and disabled Americans, many of the components of the program have not been updated in decades. Since the inception of the program in 1972, the general income exclusion, which permits outside income to be added to the SSI benefit without penalty, has been set at $20. This income exclusion is generally applied to Social Security earnings, which are based on past employment. A second exclusion was also created to allow the first $65 in monthly earnings to be disregarded from SSI benefits, plus one-half of the remaining earnings. Neither of these provisions, which reward past and current work, have been increased in 33 years. As a result, these income exclusions have lost more than 75 percent of their real value over time. If they had kept pace with inflation over the last three decades, the general exclusion would be worth $90 a month, rather than $20; and the earnings exclusion would be worth $295 a month, rather than $65. I am therefore pleased to introduce legislation today--along with Representative Jim McDermott, the Ranking Member of the Human Resources Subcommittee of the Ways and Means Committee which has jurisdiction over the SSI program--to reduce the disincentives for work, savings and education in the SSI program. The SSI Modernization Act would reward work by increasing the general income exclusion to $40 a month and the earned income exclusion to $130 a month, then index the amounts to inflation in future years. The bill would also increase the SSI asset limit from $2,000 for an individual and $3,000 for a couple to $3,000 for an individual and $4,500 for a couple. Increasing the resource limits would provide an incentive for individuals to save for their future. Finally, the bill would encourage disabled children to complete high school by delaying the period in which they are required to go through a redetermination process to evaluate whether they remain SSI eligible under the adult program requirements. Because some disabled children may not be able to complete their secondary education before the age of 18, the legislation would delay a recipient's adult SSI redetermination if they are enrolled in secondary education and between the ages of 18 and 21. Mr. Speaker, the provisions in the SSI program have not been updated in decades. Updating the program by rewarding work, savings and education will help improve the lives of millions of our most vulnerable seniors and disabled Americans who depend on this program to survive. As the Social Security Commissioner declared last spring before our Human Resources Subcommittee of the Ways and Means Committee, SSI recipients are the ``poorest of the poor.'' Efforts to improve the quality of life for these individuals will go a long way to ensuring that they have a basic level of support. I urge my colleagues to support this legislation.

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TRIBUTE TO COLONEL JOHN W. IVES, INSTALLATION COMMANDER OF FT. GEORGE G. MEADE2005-04-18

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, I rise today to pay special tribute to Col. John W. Ives, Installation Commander of Ft. George G. Meade. Col. Ives will retire from the military in June, and I want to personally thank him for his years of service to our Nation. Col. Ives began his distinguished Army career as an enlisted soldier in 1972. In 1981, he was commissioned as a military intelligence officer, and he has spent much of his Army career in military intelligence. Col. Ives became Installation Commander of Ft. Meade in 2002 and he has been instrumental in efforts to modernize and upgrade the 5,400-acre base located in Anne Arundel County, Maryland. As Installation Commander, he has overseen the first stages of a $400 million housing redevelopment, the demolition of 100 aging structures from World War I and World War II, and the continuing environmental cleanup of the Army post, which is listed as a Superfund site. In addition, he has supervised important security improvements that have become necessary since 9/11. The Colonel also has positioned Ft. Meade for the future. He understands that Ft. Meade is part of a larger community and has worked with Anne Arundel County officials to enhance future development opportunities, both on and off the base. He understands that Ft. Meade must keep pace with the future needs of our Nation. I hope my colleagues in the U.S. House of Representatives will join me in saluting Col. Ives for his dedication and service to our nation. His leadership and understanding of complex issues have made him one of the most successful Installation Commanders in recent memory.

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LEGISLATIVE PROGRAM2005-04-14

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, will the gentleman yield?

Mr. CARDIN. Let me just put out that when that issue was before the House, the former rules changes, we added a 180-day automatic dismissal that was rejected in a bipartisan vote by this body, just to point out to the distinguished leader.

Mr. CARDIN. Very briefly?

Mr. CARDIN. Would the gentleman yield?

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PROPER TAX TREATMENT OF CERTAIN DISASTER MITIGATION PAYMENTS2005-04-14

Mr. CARDIN

Mr. CARDIN. Mr. Speaker, reserving the right to object, I do so not for the purposes of objecting but to give the gentleman from Florida (Mr. Foley) an opportunity to explain the legislation that is extremely important to people who have suffered disaster as a result of hurricanes in our country.

Mr. CARDIN. I yield to the gentleman from Florida.

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