Robert Menendez on Homeland Security
Democratic Sr Senator; previously Representative (NJ-13)
KEAN: Yes, I support the use of surveillance techniques to win the war on terror while protecting civil liberties and staying within the law.
MENENDEZ: We must do all we can to combat terrorism, but we must also enforce the current system of court oversight to protect individuals’ privacy rights.
KEAN: I supported the Senate compromise legislation. It was tailored to respect the Geneva Convention, while providing the flexibility to prosecute the war against terrorism.
MENENDEZ: We must protect innocent people from terrorists, punish those who attack Americans, and do both in a humane manner consistent with the Geneva Convention.
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.
Sen. GRAHAM [recommending NO]: The fundamental question for the Senate to answer when it comes to determining enemy combatant status is, Who should make that determination? Should that be a military decision or should it be a judicial decision? That is something our military should do.
Sen. SPECTER [recommending YES]: My amendment would retain the constitutional right of habeas corpus for people detained at Guantanamo. The right of habeas corpus was established in the Magna Carta in 1215 when, in England, there was action taken against King John to establish a procedure to prevent illegal detention. What the bill seeks to do is to set back basic rights by some 900 years. This amendment would strike that provision and make certain that the constitutional right of habeas corpus is maintained.
GRAHAM: Do we really want enemy prisoners to bring every lawsuit known to man against the people fighting the war and protecting us? No enemy prisoner should have access to Federal courts--a noncitizen, enemy combatant terrorist--to bring a lawsuit against those fighting on our behalf. No judge should have the ability to make a decision that has been historically reserved to the military. That does not make us safer.
SPECTER: The US Constitution states that "Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." We do not have either rebellion or invasion, so it is a little hard for me to see, as a basic principle of constitutional law, how the Congress can suspend the writ of habeas corpus.
GRAHAM: If the Supreme Court does say in the next round of legal appeals there is a constitutional right to habeas corpus by those detained at Guantanamo Bay, then Sen. Specter is absolutely right.
Opponents recommend voting NO because:
I question the need for a very lengthy, detailed report every 3 months. We will probably see those reports leaked to the press.
This amendment would spread out for the world--and especially for al-Qaida and its related organizations--precisely what interrogation techniques are going to be used.
If we lay out, in an unclassified version, a description of the techniques by the Attorney General, that description will be in al-Qaida and Hezbollah and all of the other terrorist organizations' playbook. They will train their assets that: This is what you must be expected to do, and Allah wants you to resist these techniques.
We are passing this bill so that we can detain people. If we catch someone like Khalid Shaikh Mohammed, we have no way to hold him, no way to ask him the questions and get the information we need, because the uncertainty has brought the program to a close. It is vitally important to our security, and unfortunately this amendment would imperil it.
A bill to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes.
The Administration’s announcement today that the Navy must leave the island of Vieques, Puerto Rico in May 2003 was received by the Congressional Hispanic Caucus with a mix of optimism and concern. “There are only two ways to order the Navy to cease all training operations on Vieques: One is a referendum; the other is certification by the Navy that the Vieques Naval Training is no longer needed for training. It is not clear from the news reports we have seen that the certification has been made,” said Silvestre Reyes (D-TX), Chairman of the Congressional Hispanic Caucus.
Other members of the CHC expressed their dissatisfaction with the announcement. “Today’s decision is a hollow victory. The announcement condemns the people of Vieques, US citizens, to two more years of pain and suffering at the hand of the US Navy. The issue of Vieques is not about the Navy leaving today, tomorrow, or in two years; it’s about the immediate and unconditional cessation of the bombing exercises,” said Rep. Bob Menendez (D-NJ).
“The President’s statement is a recognition that the people of Vieques have suffered as a result of the bombings and that the government must respect the people’s will. The decision also shows that Vieques is not necessary for the military preparedness of the US Atlantic Fleet. However, it falls short of resolving the problem, because any continuation of the bombing is simply unacceptable for the people of Puerto Rico,” said the Resident Commissioner of Puerto Rico, Anibal Acevedo-Vila.
Recent CHC hearings brought to light the civil and human rights violations of those arrested during acts of civil disobedience on Vieques in April. The Caucus has requested Secretary of Defense Donald Rumsfeld to assist in an investigation [of trespassing arrests on Navy property] after the Navy refused to answer to the Caucus questions and a specific request to produce videotapes taken during the detention.
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.
OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide increased rail transportation security.
SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: We must do what is possible to protect Americans at home. Our Nation's transit system, Amtrak, and the freight railroads, I am sad to say, remain vulnerable to terrorist attacks. Though we have increased dramatically our security capabilities since 9/11, we have more to do. In fact, the Department of Homeland Security has not yet completed a vulnerability assessment for the rail system, nor is there an integrated security plan that reflects the unique characteristics of passenger and freight rail operations.
This legislation would authorize resources to ensure rail transportation security receives a high priority in our efforts to secure our country from terrorism. The legislation directs DHS to complete a vulnerability assessment for the rail system and make recommendations for addressing security weaknesses within 180 days of enactment.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Commerce, Science, and Transportation; never came to a vote.
Sponsor's introductory remarks: Sen. Biden: Our counterterrorism authorities should not only thwart attacks; these authorities should also strengthen international coalitions, draw Muslim populations around the world closer to us, and deprive terrorists of a recruitment narrative. In our long term effort to stem the tide of international terrorism, our commitments to the rule of law and to individual rights and civil liberties are among our most formidable weapons. They are what unite foreign governments behind us in effective counterterrorism coalitions.
This bill maintains rendition as a robust and agile tool in our fight against international terrorism, but it brings that tool within the rule of law, and prohibits rendering individuals to countries that will torture or mistreat them or to secret, extra-territorial prisons.
This bill also closes a hole intentionally left open by the President's recent Executive Order on the treatment of detainees. The President's order is notably silent on some of the more controversial techniques the CIA has allegedly used in the past, such as waterboarding, extreme sleep deprivation, extreme sensory deprivation, and extremes of heat and cold.
Congressional Summary: Prohibitsa US agent from:
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').
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.
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