Sherrod Brown on Homeland Security
Democratic Sr Senator; previously Representative (OH-13)
BROWN: You know better than making charges like that, that are just unsubstantiated.
DEWINE: The roll call was there.
BROWN: I ultimately voted every time for those intelligence budgets. And he knows that.
DEWINE: The majority of times of those 10 times where Sherrod Brown voted to cut our intelligence spending, he was the minority even of his own party.
Proponent's Argument for voting Yes:
[Rep. Smith, R-TX]: America is safe today not because terrorists and spies have given up their goal to destroy our freedoms and our way of life. We are safe today because the men and women of our Armed Forces, our intelligence community, and our law enforcement agencies work every single day to protect us. And Congress must ensure that they are equipped with the resources they need to counteract continuing terrorist threats. On Feb. 28, three important provisions of the USA PATRIOT Act will expire. These provisions give investigators in national security cases the authority to conduct "roving" wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe.
Opponent's Argument for voting No:
[Rep. Conyers, D-MI]: Section 215 of the Patriot Act allows a secret FISA court to authorize our government to collect business records or anything else, requiring that a person or business produce virtually any type record. We didn't think that that was right then. We don't think it's right now. This provision is contrary to traditional notions of search and seizure which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. And so I urge a "no" vote on the extension of these expiring provisions.
Status: Passed 86-12
Sen. CORNYN. The problem I have with this bill is that the US Treasury is not bottomless, and the funding that is being provided to create this new pension would literally be at the expense of US veterans. The $221 million that is addressed by Sen. Burr's amendment would actually go back in to supplement benefits for US veterans. And while we appreciate and honor all of our allies who fought alongside of us in WWII, certainly that doesn't mean we are going to grant pension benefits to all of our allies, [like] the British or the Australians. Vote for the Burr Amendment because certainly our American veterans should be our priority.
[The PAA allows] acquiring all the calls and e-mails between employees of a US company and a foreign company, with no requirement to get a warrant and no requirement that there be some link to terrorism. So any American who works at a company that does business overseas should think about that.
OPPONENT'S ARGUMENT FOR VOTING NO: Sen. BOND: The purpose of this bill is, and always has been, to enable the intelligence community to act to target foreign terrorists and spies overseas.
The amendment, as it is drafted, will have a totally unexpected impact. It is difficult to explain, in an unclassified session, why this amendment is unworkable. There are only certain communications which the intelligence community is lawfully permitted to acquire, and which it has any desire to acquire, because to acquire all the communications from all foreigners is an absolutely impossible task.
I cannot describe in a public setting how they go about ascertaining which collections are important. But to say that if Osama bin Laden calls somebody in the US, we cannot listen in to that communication, unless we have an independent means of verifying it has some impact or a terrorist threat--That is the most important communication we need to intercept.
LEGISLATIVE OUTCOME:Amendment Rejected, 38-57
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.
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.
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.
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.
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...
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.
Repeals current Department of Defense policy [popularly known as "Don't-Ask-Don't-Tell"] concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.
Nothing in this Act shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of 'marriage' and 'spouse' and referred to as the 'Defense of Marriage Act').
Press Release from Sen. Merkley's officeCiting the dangers to US national security posed by terrorists and rogue states seeking nuclear weapons, a bipartisan group of 26 senators sent a letter last week to the Office of Management and Budget (OMB), calling on the President to support increased funding in the FY2016 budget to more rapidly secure and permanently dispose of nuclear and radiological materials. The letter comes in response to the President's proposals in recent years to decrease funding for nuclear material security and nonproliferation programs.
The senators indicated that unsecured nuclear material poses unacceptably high risks to the safety of Americans and argued that the rate at which nuclear and radiological materials are secured and permanently disposed of must be accelerated. The senators expressed concern that cutting funds would slow what has been a successful process of elimination and reduction of highly enriched uranium (HEU) and separated plutonium in the international community. In just the last five years, nuclear security and non-proliferation programs have proven successful in eliminating HEU and separated plutonium from 13 countries, including Ukraine.
"Reducing budgets for agencies and programs that help keep nuclear and radiological materials out of the hands of terrorists is out of sync with the high priority that the President has rightly placed on nuclear and radiological material security and signals a major retreat in the effort to lock down these materials at an accelerated rate," the senators wrote. "The recent spate of terrorism in Iraq, Pakistan, and Kenya is a harrowing reminder of the importance of ensuring that terrorist groups and rogue states cannot get their hands on the world's most dangerous weapons and materials."
In the past two fiscal years, Congress has enacted $280 million additional dollars to the President's proposed funding for core non-proliferation activities.
The Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 or the USA FREEDOM Act: Congressional Summary:
Opposing argument: (ACLU, "Surveillance Reform After the USA Freedom Act", June 3, 2015): The USA Freedom Act that passed by a 67-32 margin is not as strong as we wanted. It is markedly weaker than the original version of the USA Freedom Act that the ACLU first supported in 2013. We supported a sunset of the provisions in an effort to advance more comprehensive reform, including rejecting surveillance through cybersecurity information-sharing legislation. Notwithstanding this, however, it is very clear that the USA Freedom Act is a historic step forward.
Opposing argument: (Cato Institute , "Cato scholars differ on USA Freedom Act", Oct., 2015): The privacy community remained divided over the USA Freedom Act. The final version of the bill reauthorized several expiring Patriot Act provisions, but limited bulk collection. Some legislators argued that to pass new legislation would only provide the government convenient new legal justification for its spying--which it would interpret broadly. On the opposite side of the argument stood some pro-privacy groups who held that modest reforms were better than no reforms at all.
Excerpts from Letter from 53 Senators to President Trump We are deeply troubled that your freeze on the hiring of federal civilian employees will have a negative and disproportionate impact on our nation's veterans. As such, we urge you to take stock of this hiring freeze's effect on our nation's veterans and exempt the Department of Veterans Affairs (VA) from your Hiring Freeze.
Opposing argument: (Heritage Foundation, "Eliminate Redundant Government Hiring," May 9, 2017): It's not hard to find federal programs that are duplicative or ineffective. The president's executive order requires all agency heads to submit plans for reorganizing their operations. Their proposals are to "include recommendations to eliminate unnecessary agencies and programs." That all sounds great, but what does it actually mean?
Well, for starters, it means the previous federal hiring freeze is no more. But it doesn't mean programs and departments are free to hire willy-nilly. Instead, they've been instructed to follow a smart-hiring plan, consistent with the President's America First Budget Blueprint.
A few agencies, like the Defense Department and Veterans Affairs, will beef up staff. Most, however, will have to pare down employment. All federal employees can expect to see resources shift to higher-priority ones. Many may be asked to do something new or different with the goal of optimizing employees' skills and time.
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."
A bill to require a report setting forth the global strategy of the United States to combat and defeat al Qaeda and its affiliates. Directs the Secretaries of Defense, State, and Homeland Security to jointly submit to Congress a report setting forth U.S. global strategy to defeat al Qaeda and its affiliates.
Authorizes the Secretary to furnish care to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child.
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Senate races 2017-8:
AZ: Flake(R) vs. Ward(R) vs.Sinema(D) vs.Abboud(D) vs.McSally(R) vs.Arpaio(R) vs.Marks(L)
CA: Feinstein(D) vs. Eisen(I) vs. Sanchez?(D) vs.de_Leon(D)
CT: Murphy(D) vs.Adams(D) vs.Corey(R)
DE: Carper(D) vs.
FL: Nelson(D) vs.
HI: Hirono(D) vs.
IN: Donnelly(D) vs.
MA: Warren(D) vs. Ayyadurai(I) vs.
MD: Cardin(D) vs.Vohra(L) vs.Manning(D) vs.Faddis(R)
ME: King(I) vs.Brakey(R) vs.Lyons(L)
MI: Stabenow(D) vs.
MN-6: Klobuchar(D) vs.Newberger(R) vs.Overby(G)
MO: McCaskill(D) vs.Petersen(R) vs.Monetti(R) vs.Hawley(R)
MS-2: vs.Hyde-Smith(R) vs. McDaniel(R) vs.Espy(D) vs.
MS-6: Wicker(R) vs.Bohren(D)
MT: Tester(D) vs.Olszewski(R) vs.Rosendale(R)
ND: Heitkamp(D) vs.Peyer(D) vs.Cramer(R) vs.
NE: Fischer(R) vs.Raybould(D)
NJ: Menendez(D) vs.
NM: Heinrich(D) vs.Rich(R)
NV: Heller(R) vs.
NY: Gillibrand(D) vs.
OH: Brown(D) vs.
PA: Casey(D) vs.
RI: Whitehouse(D) vs.Nardolillo(R)
TN: Corker(R) vs.Bredesen(D) vs.
TX: Cruz(R) vs.
UT: Hatch(R) vs.
VA: Kaine(D) vs.
VT: Sanders(I) vs.Milne(D) vs.MacGovern(D)
WA: Cantwell(D) vs.Ferguson(D) vs.Luke(L) vs.Strider(L)
WI: Baldwin(D) vs.Vukmir(R)
WV: Manchin(D) vs.
WY: Barrasso(R) vs.Trauner(D)
Senate Votes (analysis)
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