Senator Benjamin L. Cardin - U.S. Senator for Maryland
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Setting the Record Straight

I am often asked questions about issues that are of national importance or about legislation that is before Congress. Many of these questions are very good, but I have noticed that some reflect a basic misunderstanding of the facts concerning a particular issue. I believe much of this can be attributed to the 24/7 news cycle that, unfortunately, does not always explain or clarify complicated issues. For that reason, I have created a "Setting the Record Straight" section on my website to clarify many complicated issues that are too often misunderstood or misrepresented. I hope you will find this helpful and informative.



THE TRUTH ABOUT: Health Care Reform
Misinformation: President Obama and Congressional Democrats are crafting a health care bill which will force all Americans into a single-payer, government-run health insurace program.
Reality: President Obama has stated that a single-payer healthcare plan would not work for America and he will not push for one. Rather, he and a number of Congressional Democrats have backed a plan that includes a public option. Under this plan, Americans would have the option of choosing either a privately run health insurer or a government sponsored plan. Additionally, accusations that a public option would effectively lead to government-run healthcare following a mass movement away from more expensive private plans do not hold up to examination. A Congressional Budget Office study has found that only 15 million Americans who currently receive health insurance through their employer, and 8 million who receive insurance through other sources, would switch to the public option. The majority of Americans would still get their healthcare through private insurers. The public option, however, would increase competition in the health market by providing a low-cost alternative.


Misinformation: The Democratic Health Bill contains a provision forcing all seniors in America to receive counseling every 5 years encouraging them to take steps to die sooner.
Reality: This is a complete distortion of the "end-of-life" counseling services described in the health care bill. To begin with, the counseling is completely voluntary, and the legislation does not require a session every 5 years, rather it states that Medicare will only pay for counseling every 5 years (unless there is a dramatic change in a senior's health condition). No one under any circumstances will be forced to accept counseling if they do not want it. Additionally, the end-of-life counseling will not advise seniors on how to refuse food or treatment or take any other steps to end their lives prematurely. Rather, the counseling is meant to allow seniors to consult with a health professional about creating a living will, appointing a health care proxy, or plan for similar issues resulting from a severe illness. The counseling is an option Medicare will offer seniors if they wish to take advantage of it. Assertions that government doctors will be encouraging seniors to end their lives prematurely are simply not true.



THE TRUTH ABOUT: Social Security and Congress
Misinformation: Members of Congress do not receive Social Security and do not pay Social Security taxes (FICA).
Reality: Members of Congress pay into Social Security and receive benefits. Prior to 1983, member of Congress were covered under the Civil Service Retirement System (CSRS), which covered all federal employees. However, for 25 years CSRS has been closed to members of Congress, along with all other federal employees. Current members of Congress are part of the same Social Security system that is available to all American.



THE TRUTH ABOUT: Hate Crimes Legislation
Misinformation: The Matthew Shepard Hate Crimes Prevention Act will make it illegal to teach certain religious interpretations of sexuality. Members of the clergy will be jailed for teaching biblical Christianity or other religions.
Reality: The Matthew Shepard Hate Crimes Prevention Act punishes action, not speech. The bill provides for stiffer punishments for crimes such as assault or homicide, should a court determine the criminal targeted his or her victims because of their sexual orientation. Federal hate crimes laws have existed since 1968 for crimes based on factors such as race and religion, and no one has been charged or jailed for speech under any of these laws. Additionally, 45 states have hate crime legislation on the books, 32 specifically protecting sexual orientation. No state has ever prosecuted a minister, or anyone else, for preaching traditional interpretations of sexuality under their laws. In fact, a section of the bill specifically states that "Nothing in this Act shall be construed to prohibit any constitutionally protected speech."


Misinformation: The Matthew Shepard Hate Crimes Prevention Act protects "sexual orientation" but does not define the term. Because of this, the bill protects pedophilia and other illegal and damaging sexual behaviors.
Reality: The Matthew Shepard Hate Crimes Prevention Act does not define sexual orientation because the term is unambiguous: it refers only to homosexuality, heterosexuality, and bisexuality. All courts in the federal and state legal systems use the term regularly without any expansion of its meaning. Even attempts to expand the definition to include transsexuality have repeatedly failed. Psychologists as well adhere to this definition, classifying pedophilia as a sexual disorder, not a sexual orientation. Sexual orientation requires no additional definition, any more than the terms race or religion in previous hate crimes laws were in need of clarification. Pedophilia is a crime.



THE TRUTH ABOUT: The Newspaper Revitalization Act
Misinformation: The Newspaper Revitalization Act is a federal bailout of newspapers, which would lead to government control of the media.
Reality: The Newspaper Revitalization Act would allow newspapers to operate as 501(c)(3) tax-exempt non-profit entities, similar to what happens with churches, educational institutions and the public broadcasting system. My legislation would not inject federal funds into the newspaper industry and there is no underlying intent for the government to take over or get involved in the business of news collection. In fact, I would not support legislation to provide the newspaper industry will a federal bailout.

Additionally, my legislation would not influence the editorial boards of newspapers. Because of the IRS requirements governing 501(c)(3) status, newspapers would be prohibited from making political endorsements. My bill is focused on creating a new business model that will help community papers survive so they can continue to gather the news and keep us informed about what is happening in our communities.



THE TRUTH ABOUT: Illegal Immigration and Social Security
Misinformation: A recent change in law has allowed illegal immigrants to receive Social Security, even though they never paid into the system.
Reality: No one in this country without documentation is allowed to collect Social Security. Since the 1996 Personal Responsibility and Work Opportunity Reconciliation Act was passed, illegal immigrants have not been eligible for regular government services apart from primary education, emergency room care, and short-term disaster relief. The source of this rumor was a 2006 immigration law proposed by Senator John McCain (R-AZ), which contained a provision allowing illegal immigrants who became legal later in life to get credit for any taxes they had payed into Social Security while they were undocumented. However, this bill never became law, and certainly no one in Congress has ever proposed legislation allowing illegal immigrants access to our Social Security system.



THE TRUTH ABOUT: Cap and Trade
Misinformation: The cap and trade bill will raise energy costs for the average American household by $3,000 dollars a year.
Reality: The cap and trade program outlined in the American Clean Energy and Security Act of 2009 will place a limit on the volume of greenhouse gas pollution a company can produce a year, while allowing companies to buy "pollution credits" from companies that are under the limit. This proven, cost-effective system will create market incentives for a cleaner, more energy efficient America. A recent study by the non-partisan Congressional Budget Office found that cutting greenhouse gas pollution in this way will cost the average American household less than 50 cents a day. The legislation also contains provisions to help prevent economic disruptions and to prevent economic hardships on Middle-class Americans.



THE TRUTH ABOUT: Global Warming
Misinformation: The globe has been cooling over the last decade, proving that global warming is a myth.
Reality: Claims that global warming has reversed over the last ten years are highly inaccurate. Of the 10 hottest years on record, eight were in the last decade. The National Oceanic and Atmospheric Administration has said the upward trend in global temperatures is still occurring. Those who question global warming, have attempted to show otherwise by measuring the trend of temperature changes from 1998, a year in which temperatures were unusually high because of El Nino. Scientists agree a 10-year measurement of temperature is not very accurate, and current global warming projections are based on a .3 to .6 degree Celsius rise in global temperatures in the last 100 years.



THE TRUTH ABOUT: President Obama's Birth Certifcate
Misinformation: President Obama may not be eligible to be President of the United States, as he has never proven he was actually born in Hawaii, and has never released his birth certificate.
Reality: These rumors, dating back to last summer's presidential campaign, have never been based on anything other than speculation and are easily refuted by available fact. President Obama has released his birth certificate more than once. The independent website FactCheck.org, for instance, has posted pictures of the certificate on their website. The State of Hawaii issues two different birth certificates, usually referred to as the "long form" and the "short form." The short form is given to the family, the long form is kept on file in the Hawaii Department of Health. It should be noted that both forms are legal birth certificates, and both contain the information necessary to prove President Obama's birth place. The Hawaii Department of Health does not release the long form birth certifcate to the public. However, both the Hawaii director of health, Chiyome Fukino, and the Registar of vital statistics, Alvin Onaka, have personally verified the long form is on file in Hawaii.

Most convincingly, reporters have searched microfilm archives of Hawaiian newspapers and found that two of them, the Honolulu Advertiser and the Honolulu Star-Bulletin, published birth announcements for President Obama in August, 1961. These announcements are only published at the notification of the state Department of Health, they provide additional proof that the president was born in Hawaii.