Tom Udall on Homeland Security Democratic Jr Senator; previously Representative (NM-3)

9/11 justified eliminating Taliban, but not nation-building

But over the past 10 years, our mission expanded to include a fourth goal: nation-building. That is what we are bogged down in now: a prolonged effort to create a strong central government, a national police force and an army, and civic institutions in a nation that never had any to begin with. Let's not forget that Afghanistan has been a tribal society for millenniums.

Voted NO on extending the PATRIOT Act's roving wiretaps.

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

Voted YES on requiring FISA warrants for wiretaps in US, but not abroad.

SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. CONYERS: Earlier this year, in the Protect America Act, PAA, amendments were made to FISA, giving the Government enhanced flexibility to collect foreign intelligence information. But the broad scope of the authority without up-front court approval raised grave concerns about the need for more safeguards of innocent Americans' communications. The RESTORE Act improves upon the PAA by providing a series of checks and balances while still allowing maximum flexibility. The RESTORE Act does not require individual warrants when persons are abroad, but it is firm that a FISA warrant is required to obtain communications of people in the US.

OPPONENT'S ARGUMENT FOR VOTING NO:Rep. KING of N.Y.: Electronic surveillance is one of the strongest weapons in our arsenal. The real enemy is al Qaeda and Islamic terrorism, not our own government working so hard to protect us. The PAA updated FISA and struck the appropriate balance between protecting our citizens from terrorist attacks and protecting our civil liberties. Today's bill, the RESTORE Act, marks an undeniable retreat in the war against Islamic terrorism. It limits the type of foreign intelligence information that may be acquired and actually gives foreign targets more protections than Americans get in criminal cases here at home.

LEGISLATIVE OUTCOME:Bill passed, 213-197.

Voted YES on Veto override: Congressional oversight of CIA interrogations.

SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. REYES: This legislation goes a long way towards strengthening oversight of the intelligence community, which the President seems to consistently want to fight. That's why the President vetoed it. He wants the authority to do whatever he wants, in secret, with no oversight or authorization or without any checks and balances. Well, I don't agree. The Constitution gives us a role in this process. We do have a say in what the intelligence community does. That's why we need to override this veto.

OPPONENT'S ARGUMENT FOR VOTING NO:Rep. HOEKSTRA: This bill fails to give the intelligence community the tools that it needs to protect the American people from radical jihadists. The debate on this authorization bill is not about a single issue, [waterboarding], as some would have you believe. It is about the need to ensure that we give the right tools to our intelligence professionals in this time of enhanced threat.

LEGISLATIVE OUTCOME:Veto override failed, 225-188 (2/3rds required)

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

A modified version, S.2011, failed in the Senate; 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.

Voted YES on restricting no-bid defense contracts.

1. Improving the Quality of Contracts--to restrict the contract period of noncompetitive contracts to the minimum period necessary to meet urgent requirements; and not more than one year unless the the government would be seriously injured.
2. Increasing Contract Oversight--to make publicly available (on websites) justification documents for using noncompetitive contract procedures.
3. Promoting Integrity in Contracting--to prohibit former federal officials from accepting compensation from contractors as lawyers or lobbyists.

Proponents support voting YES because:

In Iraq, we were told we needed Halliburton to get a contract without any competition because they were the only ones who know how to put out oil well fires. So they got a contract on a cost-plus basis even though they had a history of overcharging the taxpayers. And then later we found out that they didn't do anything about putting out oil well fires in the first Gulf war; it was Bechtel, not Halliburton. Contractors were given special treatment by not having healthy competition.

In dealing with Hurricane Katrina, and we have seen the same mistakes again: No-competition contracts; cost-plus contracts. We have seen what the result has been: Wasted taxpayer dollars. This bill requires that if there is an emergency to give a contract, give it. But then have bidding within a year.

Opponents support voting NO because:

We support transparency and accountability in decision-making, but this bill asks for audit reports that are only advisory. To provide those to Congress not only gives you too much information, a lot of it can be misleading and can increase the number of contract disputes.

When you are fighting a war, you need to move quickly. You don't give a 6-month appeal to the folks that lose the competition. You don't give small business set-asides because there is one thing you don't have, you don't have time.

Voted NO on allowing electronic surveillance without a warrant.

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.

Voted YES on continuing intelligence gathering without civil oversight.

• This bill could have and should have required a dedicated funding line for the Privacy and Civil Liberties Oversight Board. The 9/11 Commission recommended this board to serve as a civil liberties watchdog on the potential erosion of the basic constitutional rights. Now, 15 months later, we find our concerns about basic civil rights to have been well founded, but the oversight board is barely up and running [and is not funded].
• Many of us believe that when the President authorized the NSA surveillance of Americans, he broke the law, plain and simple.
• We are talking about the most basic fundamental civil liberties that protect the American people, and the Republican leadership will not even let us debate it. What are they afraid of?
• If you believe that this President should have the ability to spy on Americans without a warrant and without going to the FISA court, then they should write that bill and bring it to the floor, then have a debate and a vote.

The resolution's proponents say:
• We have had the good fortune in this country for the last 4 1/2 years to have not had another terrorist attack on our soil, and it is not because they haven't tried. The reason for that success boils down to two things: the courage of our soldiers and the quality of our intelligence. Exceptional intelligence is the first line of defense for America in the long war on terrorism.
• I think as a responsible body we have to start out by getting the facts. That means hard work that is done largely in secret. Oversight is under way, and, for the most part, the National Security Agency has been very forthcoming.

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

• Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - defining more factors relevant to credibility determinations in asylum cases.
• Title II: Improved Security for Driver's Licenses and Personal Identification Cards - setting minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features. Title III: Border Infrastructure and Technology Integration - studying ground surveillance technologies.

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

Voted NO on adopting the recommendations of the 9/11 Commission.

• Title I: Reform of the Intelligence Community
  • Subtitle A: Establishment of National Intelligence Director
  • Subtitle B: National Counterterrorism Center and Civil Liberties Protections
  • Subtitle C: Joint Intelligence Community Council
  • Subtitle D: Improvement of Human Intelligence (HUMINT)
  • Subtitle E: Improvement of Education for the Intelligence Community
• Title II: Terrorism Prevention and Prosecution
  • Subtitle A: Individual Terrorists as Agents of Foreign Powers
  • Subtitle B: Stop Terrorist and Military Hoaxes Act of 2004
  • Subtitle C: Material Support to Terrorism Prohibition Enhancement Act of 2004
  • Subtitle D: Weapons of Mass Destruction Prohibition Improvement Act of 2004
  • Subtitle E: Money Laundering and Terrorist Financing
  • Subtitle F: Criminal History Background Checks
  • Subtitle G: Protection of United States Aviation System From Terrorist Attacks

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

Voted YES on permitting commercial airline pilots to carry guns.

Voted YES on $266 billion Defense Appropriations bill.

Voted NO on deploying SDI.

Take US nuclear missiles off high alert.

Title: To take the 50 Peacekeeper (MX) missiles off of high-alert status.

• Requires the Secretary of Defense, during FY 2002, to remove the warheads from the 50 Peacekeeper (MX) intercontinental ballistic missiles.

• Urges the Secretary to take measures to lengthen the time for launch of U.S. nuclear weapons while remaining consistent with national security.

• Requires an annual report from the Secretary on the inventory of Russian nuclear forces, their alert status, and the condition of Russian early-warning systems.

End the use of anti-personnel mines.

Expresses the sense of Congress that:
1. the Department of Defense should field currently available weapons and other technologies, and use tactics and operational concepts, that provide suitable alternatives to anti-personnel mines and mixed anti-tank mine systems; and

2. the United States should end its use of such mines and join the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

3. Amends the National Defense Authorization Act for Fiscal Year 1993 to make permanent (currently terminates on October 23, 2003) the prohibition on the transfer of anti-personnel landmines.

4. Directs the President to establish an interagency working group to develop a comprehensive plan for expanded mine action programs, including victim rehabilitation, social support, and economic reintegration.

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

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...

• That every person has the right to live without the threat of nuclear weapons.
• That war is not a suitable response to conflict.
• That America has the resources to both protect and provide for its citizens.

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.

Appoint chiropractors as commissioned officers.

A concurrent resolution expressing the sense of Congress that the Secretary of Defense should take immediate steps to appoint doctors of chiropractic as commissioned officers in the Armed Forces.

• Whereas the urgent needs of military personnel in the field of operations include access to the widest possible range of health care options, especially in the area of care of the spine and related structures of the body;
• Whereas providing military personnel in the field of operations with access to chiropractic care will increase the cost effectiveness of military health care expenditures by taking advantage of the conservative, drugless, and non-surgical care option offered by chiropractic care;
• Whereas back injuries are the leading cause of lost service time and disability in the Armed Forces;
• Whereas military personnel in the field of operations or on shipboard can access chiropractic care only through commissioned chiropractic officers;
• Whereas access to chiropractic care through commissioned chiropractic officers will enhance the combat readiness of military personnel by offering a non-pharmaceutical option for the health care needs of such personnel;
• Now, therefore, be it Resolved: That the Secretary of Defense should take immediate steps to establish a career path for doctors of chiropractic to be appointed as commissioned officers in all branches of the Armed Forces for purposes of providing chiropractic services to members of the Armed Forces.

Repeal Don't-Ask-Don't-Tell, and reinstate discharged gays.

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').

Non-proliferation includes disposing of nuclear materials.

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.

Restrict domestic monitoring of phone calls.

The Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 or the USA FREEDOM Act: Congressional Summary: