OnTheIssuesLogo

Benjamin Cardin on Homeland Security

Democratic Representative (MD-3)


Voted NO on removing need for FISA warrant for wiretapping abroad.

Vote on passage of S.1927, the Protect America Act: Amends the Foreign Intelligence Surveillance Act (FISA) to state that nothing under its definition of "electronic surveillance" should encompass surveillance directed at any person reasonably believed to be located outside the US.

A modified version, S.2011, failed; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.

Opponents recommend voting NO because:

Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences? Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.

Proponents support voting YES because:

Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.

Reference: Protect America Act; Bill S.1927 ; vote number 2007-309 on Aug 3, 2007

Voted YES on limiting soldiers' deployment to 12 months.

Vote on an amendment, SA2032, which amends HR1585, the Defense Authorization bill: To limit the deployment of a unit or individual of the Armed Forces for Operation Iraqi Freedom to no more than 12 consecutive months; and to limit Marine Corps deployment to no more than 7 consecutive months; except in time of national emergency.

Proponents support voting YES because:

Sen. HAGEL: The war in Iraq has pushed the US Army to the breaking point. When we deploy our military, we have an obligation to ensure that our troops are rested, ready, prepared, fully trained, and fully equipped. Today's Armed Forces are being deployed repeatedly for increasing periods of time. This is quickly wearing down the troops and their families, impacting the mental and physical health of our troops. Further, these deployments are affecting the recruiting and retention rates of the military. For example, the Army reached only a little over 80% of its recruiting goal for June. This is the second month in a row that the Army has failed to recruit the number of new soldiers needed to fill the ranks. And this is with $1 billion in large cash bonus incentives.

Opponents recommend voting NO because:

Sen. KYL: Time in theater and dwell times should be a goal, rather than an absolute fixed requirement that becomes the policy of the US military determined by congressional action. By mandating a certain policy for deployment time or dwell time, the Congress is engaged in the most explicit micromanaging of what is obviously a function for the Commander in Chief and military commanders to perform. This is not something Members of Congress are knowledgeable about or would have the ability to dictate in any responsible fashion. It also would be unconstitutional. Clearly, the dwell times of troops or the amount of time in theater is an obligation of the Commander in Chief, not something for the Congress to determine.

Reference: Hagel Amendment to Defense Authorization Bill; Bill SA2032 to HR1585 ; vote number 2007-243 on Jul 11, 2007

Voted YES on implementing the 9/11 Commission report.

Vote on passage of a bill to implement unfinished recommendations of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) to fight the war on terror more effectively:

Opponents recommend voting NO because:

One of the authors of the 9/11 Commission report said, the President's announced strategy should be given a chance to succeed. That is what I think we should do, give this plan a chance to succeed. Our troops in theater, our commanders, and the Iraqi leaders all believe they can see early signs of success in this program, even though it has just begun, and they are cautiously optimistic that it can succeed. I think it would be unconscionable for the Congress, seeing the beginnings of success here, to then act in any way that would pull the rug out from under our troops and make it impossible for them to achieve their mission.

Reference: Improving America's Security Act; Bill S. 4 ; vote number 2007-073 on Mar 13, 2007

Voted NO on allowing electronic surveillance without a warrant.

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow the President & Attorney General to authorize electronic surveillance without a court order to acquire foreign intelligence information, after certifying that the surveillance is directed at the acquisition of communications of foreign agents.

Proponents support voting YES because:

Intelligence is the first line of defense in the war on terrorism. That means we have to have intelligence agencies and capabilities that are agile, that are responsive to changes in technology, and that also protect the civil liberties of Americans. Let me make an analogy. With modernization, we replaced Route 66 with Interstate 40. We no longer have the stoplights and the intersections. We created on ramps and off ramps and concrete barriers to protect the citizens where traffic was moving very quickly. That is like what we are trying to do here--FISA needs modernization.

Opponents support voting NO because:

We are legislating in the dark. We do not even know what the President is doing now because he will not tell us. The New York Times exposed that the administration had authorized secret surveillance of domestic conversations. When exposed, the President claimed he was operating under inherent powers, but court decisions have found that the President cannot simply declare administration actions constitutional and lawful, whether or not they are.

Yet rather than finding out what is going on, this legislation retroactively legalizes whatever has been going on. The President already has broad latitude to conduct domestic surveillance, including surveillance of American citizens, so long as it is overseen by the FISA court.

This bill does not enhance security, but it does allow surveillance without the traditional checks and balances that have served our Nation well.

Reference: Update the Foreign Intelligence Surveillance Act of 1978; Bill H.R.5825 ; vote number 2006-502 on Sep 28, 2006

Voted YES on continuing intelligence gathering without civil oversight.

A resolution providing for consideration of the bill (H.R. 5020) to authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities. Voting YES indicates support of the current methods for intelligence-gathering used by the CIA and other agencies. The resolution's opponents say:
Reference: Intelligence Authorization Act; Bill HR 5020 resolution H RES 774 ; vote number 2006-108 on Apr 26, 2006

Voted NO on federalizing rules for driver licenses to hinder terrorists.

REAL ID Act of 2005: To establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence.
Reference: Bill sponsored by Rep. James Sensenbrenner [R, WI-5]; Bill H.R.418 ; vote number 2005-031 on Feb 10, 2005

Voted YES on continuing military recruitment on college campuses.

Expresses the continued support of Congress for, and encourages the executive branch to continue challenging any judicial decision against, specified provisions of Federal law prohibiting making certain Federal contracts with or grants to institutions of higher education that prevent military recruiters from having access to their campuses and to certain information about their students.
Reference: Resolution sponsored by Rep Mike Rogers [R, AL-3]; Bill H.CON.RES.36 ; vote number 2005-016 on Feb 2, 2005

Voted YES on supporting new position of Director of National Intelligence.

Intelligence Reform and Terrorism Prevention Act of 2004: Establishment of Director of National Intelligence, to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
Reference: Bill sponsored by Sen. Susan Collins {R, ME}; Bill S.2845 ; vote number 2004-544 on Dec 7, 2004

Voted YES on adopting the recommendations of the 9/11 Commission.

9/11 Recommendations Implementation Act:
Reference: Bill sponsored by Rep Denny Hastert [R, IL-14]; Bill H.R.10 ; vote number 2004-523 on Oct 8, 2004

Voted YES on emergency $78B for war in Iraq & Afghanistan.

Emergency Wartime Supplemental Appropriations Act of 2003: Vote to pass the bill that would supply $77.9 billion in emergency supplemental appropriations in fiscal 2003, including $62.5 billion for military operations in Iraq and the war on terrorism. The bill would also provide for $4.2 billion for homeland security, $8 billion in aid to allies and for Iraqi relief and rebuilding; $3.2 billion for U.S. airlines to cover additional security costs; and $1 billion in aid to Turkey.
Reference: Bill sponsored by Young, R-FL; Bill HR 1559 ; vote number 2003-108 on Apr 3, 2003

Voted YES on permitting commercial airline pilots to carry guns.

Armed Airline Pilots Bill: Vote to pass a bill that would create a program where commercial pilots would be deputized as federal law enforcement officers and would then be permitted to carry guns aboard airlines. To participate in the program, commercial pilots would have to undergo specialized training. At least 250 commercial pilots would undergo the training. Within two months of the bill's enactment, the Transportation Security Agency or TSA, would then be required to begin weapons training for pilots who had volunteered for the program. Airlines and pilots will not be held legally accountable when defending planes from terrorist acts except in cases of willful misconduct or gross negligence The TSA could temporarily put the program on hold if a pilot's gun unintentionally discharges and causes injury to a crew member or passanger. The bill also would entail flight attendants to undergo self-defense training. Also study training all federal law enforcement officers on aviation anti-terrorism.
Reference: Bill sponsored by Young, R-FL; Bill HR 4635 ; vote number 2002-292 on Jul 10, 2002

Voted YES on $266 billion Defense Appropriations bill.

Vote to pass a bill appropriating $266 billion in defense spending for FY 2000. Among other provisions the bill would allot $1.2 billion for research and development for next-generation tactical aircraft, yet would not include $1.8 billion in procurement funds for the new F-22 Raptor combat aircraft. The bill would also fund a 4.8 percent pay increase for military personnel. The bill would also allot $93.7 billion for operations and maintenance to be used to maintain military properties and spare parts that have been reduced due to overseas military combat missions.
Reference: Bill introduced by Lewis, R-CA; Bill HR 2561 ; vote number 1999-334 on Jul 22, 1999

Voted YES on deploying SDI.

Vote to declare it to be the policy of the United States to deploy a national missile defense.
Reference: Bill introduced by Weldon, R-PA; Bill HR 4 ; vote number 1999-4 on Mar 18, 1999

Rated 100% by SANE, indicating a pro-peace voting record.

Cardin scores 100% by SANE on peace issues

Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...

As the Pentagon’s budget soars to $400 billion, 17% of American children live in poverty. For what the US will spend on Missile Defense in one year we could: put over a million children through Head Start OR provide healthcare for over 3.5 million children OR create over 100,000 units of affordable housing OR hire over 160,000 elementary school teachers. At Peace Action our priorities are clear.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Source: SANE website 03n-SANE on Dec 31, 2003

Restore habeas corpus for detainees in the War on Terror.

Cardin co-sponsored restoring habeas corpus for detainees in the War on Terror

A bill to restore habeas corpus for those detained by the United States; to the Committee on the Judiciary.

Sen. SPECTER. "I introduce this legislation, denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be abrogated. I say "attempted to be abrogated" because, in my legal judgment, that provision in the Act is unconstitutional.

"It is hard to see how there can be legislation to eliminate the constitutional right to habeas corpus when the Constitution is explicit that habeas corpus may not be suspended except in time of invasion or rebellion, and we do not have either of those circumstances present, as was conceded by the advocates of the legislation last year to take away the right of habeas corpus.

"We have had Supreme Court decisions which have made it plain that habeas corpus is available to non-citizens and that habeas corpus applies to territory controlled by the US, specifically, including Guantanamo. More recently, however, we had a decision in the US District Court applying the habeas corpus jurisdiction stripping provision of the Military Commissions Act, but I believe we will see the appellate courts strike down this legislative provision.

"The New York Times had an extensive article on this subject, starting on the front page, last Sunday, and continuing on a full page on the back page about what is happening at Guantanamo. It is hard to see how in America, or in a jurisdiction controlled by the United States, these proceedings could substitute for even rudimentary due process of law."

Source: Habeas Corpus Restoration Act (S.185/H.R.2826) 2007-S185 on Jun 22, 2007

Other candidates on Homeland Security: Benjamin Cardin on other issues:
MD Gubernatorial:
Martin O`Malley
Parris Glendening
Robert Ehrlich

Democratic retirements
& special elections:

D,AL-5:Cramer
D,CA-12:Lantos
D,CO-2:Udall
D,IN-7:Carson
D,NY-21:McNulty
D,ME-1:Allen
D,MD-4:Wynn
D,NM-3:Udall
D,OR-5:Hooley

Republican special elections:
R,IL-14:Hastert
R,LA-1:Jindal
R,LA-6:Baker
R,MS-1:Wicker
R,OH-5:Gillmor
Republican retirements:
R,AL-2:Everett
R,AZ-1:Renzi
R,CA-4:Doolittle
R,CA-52:Hunter
R,CO-6:Tancredo
R,FL-15:Weldon
R,IL-11:Weller
R,IL-18:LaHood
R,KY-2:Lewis
R,LA-4:McCrery
R,MD-1:Gilchrest
R,MN-3:Ramstad
R,MO-9:Hulshof
R,MS-3:Pickering
R,NJ-3:Saxton
R,NJ-7:Ferguson
R,NM-1:Wilson
R,NM-2:Pearce
R,NY-25:Walsh
R,NY-26:Reynolds
R,OH-7:Hobson
R,OH-15:Pryce
R,OH-16:Regula
R,PA-5:Peterson
R,VA-11:Davis
R,WY-0:Cubin
Abortion
Budget/Economy
Civil Rights
Corporations
Crime
Drugs
Education
Energy/Oil
Environment
Families/Children
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
Homeland Security
Immigration
Infrastructure/Technology
Jobs
Principles/Values
Social Security
Tax Reform
War/Iraq/Mideast
Welfare/Poverty