Barbara Mikulski on Homeland Security Democratic Sr Senator (MD)

Safer, stronger and smarter: provide necessary resources

A: My goal is to be safer, stronger and smarter. My foreign policy principles are treat your allies with respect, deal with our enemies with resolve and fight terrorism relentlessly. I support a strong military. That means providing the resources, technology and necessary training.

Voted YES 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 NO on cutting $221M in benefits to Filipinos who served in WWII US Army.

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.

Voted YES on requiring FISA court warrant to monitor US-to-foreign calls.

[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

Voted YES on removing need for FISA warrant for wiretapping abroad.

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.

Voted YES on limiting soldiers' deployment to 12 months.

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.

Voted YES on implementing the 9/11 Commission report.

• I: Improving Intelligence and Information Sharing within the Federal Government and with State, Local, and Tribal Governments
• II: Homeland Security Grants
• III: Communications Operability and Interoperability
• IV: Emergency Management Performance Grants Program
• V: Enhancing Security of International Travel
• VI: Privacy and Civil Liberties Matters
• VII: Enhanced Defenses Against Weapons of Mass Destruction
• VIII: Private Sector Preparedness
• IX: Transportation Security Planning and Information Sharing
• X: Incident Command System
• XI: Critical Infrastructure Protection
• XII: Congressional Oversight of Intelligence
• XIII: International Cooperation on Antiterrorism Technologies
• XIV: Transportation and Interoperable Communication
• XV: Public Transportation Terrorism Prevention
• XVII: 911 Modernization
• XIX: Advancement of Democratic Values

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.

Voted YES on preserving habeas corpus for Guantanamo detainees.

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.

Voted YES on requiring CIA reports on detainees & interrogation methods.

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.

Voted YES on reauthorizing the PATRIOT Act.

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.

Opponents of the bill say to vote NAY because:
• Some may see the vote we are about to have as relatively trivial. They are mistaken. While the bill we are voting on makes only minor cosmetic changes to the PATRIOT Act, it will allow supporting the PATRIOT Act conference report that was blocked in December. Cosmetic changes simply don't cut it when we are talking about protecting the rights and freedoms of Americans from unnecessarily intrusive Government powers.
• The White House has tried to make life uncomfortable for Senators. It has suggested they are soft on terrorism, that they don't understand the pressing threat facing this country, that they are stuck in a pre-9/11 mindset. Those attacks should be rejected.
• We can fight terrorism aggressively without compromising our most fundamental freedoms against Government intrusion. The Government grabbed powers it should not have when it passed the original PATRIOT Act and we should not be ratifying that power grab today. The PATRIOT Act reauthorization conference report is flawed. S. 2271 pretends to fix it but I don't think anyone is fooled, least of all our constituents.
• Because the Republican leadership obstructed efforts to improve the bill, the "police state" provisions regarding gag orders remain uncorrected. The Senate should get down to the serious business of legislating real fixes to the PATRIOT Act.

Voted NO on extending the PATRIOT Act's wiretap provision.

Voted YES on restricting business with entities linked to terrorism.

• Empower the President under the Trading with the Enemy Act to prohibit US businesses and their subsidiaries from transacting with foreign businesses identified as having links to terrorism.
• Forbid US businesses and their subsidiaries from engaging in transactions with any foreign business whose parent country has been identified as a supporter of international terrorism.
• Require the President to publish a list of foreign businesses identified as having links to terrorism, and bans US ownership or control of foreign businesses engaged in transactions with such businesses.
• Call for US businesses to disclose in their annual reports any ownership stake of at least 10% in a foreign business that is itself engaging in transactions with a proscribed foreign business.

Voted YES on restoring $565M for states' and ports' first responders.

Voted YES on adopting the Comprehensive Nuclear Test Ban Treaty.

Voted NO on allowing another round of military base closures.

Voted NO on cutting nuclear weapons below START levels.

Voted YES on deploying National Missile Defense ASAP.

Voted YES on military pay raise of 4.8%.

Voted NO on prohibiting same-sex basic training.

Voted YES on favoring 36 vetoed military projects.

Voted YES on banning chemical weapons.

Voted NO on considering deploying NMD, and amending ABM Treaty.

Voted YES on 1996 Defense Appropriations.

Establish Maritime Security grants for ports and vessels.

Directs the Secretary of Transportation to:
• identify vessel types and U.S. port facilities that pose a high risk of being involved in a transportation security incident
• assess vulnerability of U.S. port facilities and vessels that may be involved in a transportation security incident.
• Requires owners or operators of vessels or facilities to prepare a vessel or facility security plan for deterring a transportation security incident to the maximum extent practicable.
• Requires such plans to be consistent with the National Maritime Transportation Security Plan.
• Requires transportation security cards for entry into a secured area of a vessel or facility.
• Directs the Secretary of Transportation to establish maritime safety and security teams to protect vessels, harbors, ports, facilities, and cargo in U.S. waters.
• Establishes a grant program for port authorities, facility operators, and State and local agencies required to provide security services.
• Directs the Secretary of Transportation to assess the effectiveness of antiterrorism measures maintained at specified foreign ports and make recommendations for improvements for foreign ports that do not maintain effective antiterrorism measures

Federalize aviation security.

Establishes the Transportation Security Administration, including:
• civil aviation security, and related research and development activities;
• day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation;
• policies, strategies, and plans for dealing with threats to transportation;
• domestic transportation during a national emergency, including aviation, rail, and other surface transportation
• management of security information, including notifying airport or airline security officers of the identity of individuals known to pose a risk of air piracy or terrorism or a threat to airline or passenger safety.

Small business in developing homeland security technologies.

Expresses the sense of the Senate that: (1) small business participation is vital to U.S. defense and should play an active role in assisting the military, Federal intelligence and law enforcement agencies, and State and local police to combat terrorism through the design and development of innovative products; and (2) Federal, State, and local governments should aggressively seek out and purchase innovative technologies and services from, and promote research opportunities for, American small businesses to help in homeland defense and the fight against terrorism. Passed/agreed to in Senate.

Rated 90% 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.

Hiding sources made post-9-11 analysis impossible.

CONCLUSIONS - TERRORISM
• Conclusion 8. Intelligence Community analysts lack a consistent post-September 11 approach to analyzing and reporting on terrorist threats.
• Conclusion 9. Source protection policies within the Intelligence Community direct or encourage reports officers to exclude relevant detail about the nature of their sources. As a result, analysts community-wide are unable to make fully informed judgments about the information they receive, relying instead on nonspecific source lines to reach their assessments. Moreover, relevant operational data is nearly always withheld from analysts, putting them at a further analytical disadvantage.
• Conclusion 10. The Intelligence Community relies too heavily on foreign government services and third party reporting, thereby increasing the potential for manipulation of U.S. policy by foreign interests.
• Conclusion 11. Several of the allegations of pressure on Intelligence Community (IC) analysts involved repeated questioning. The Committee believes that IC analysts should expect difficult and repeated questions regarding threat information. Just as the post 9/11 environment lowered the Intelligence Community's reporting threshold, it has also affected the intensity with which policymakers will review and question threat information.

CIA depends too heavily on defectors & not enough on HUMINT.

WEAPONS OF MASS DESTRUCTION (WMD) COLLECTION CONCLUSIONS
• Conclusion 77. The Intelligence Community relied too heavily on United Nations (UN) BLACKED OUT information about Iraq's programs and did not develop a sufficient unilateral collection effort targeting Iraq's weapons of mass destruction programs and related activities to supplement UN-collected information and to take its place upon the departure of the UN inspectors.
• Conclusion 78. The Intelligence Community depended too heavily on defectors and foreign government services to obtain human intelligence (HUMINT) information on Iraq's weapons of mass destruction activities. Because the Intelligence Community did not have direct access to many of these sources, it was exceedingly difficult to determine source credibility.
• Conclusion 79. The Intelligence Community waited too long after inspectors departed Iraq to increase collection against Iraq's weapons of mass destruction programs.
• Conclusion 80. Even after the departure of United Nations (UN) inspectors, placement of human intelligence (HUMINT) agents and development of unilateral sources inside Iraq were not top priorities for the Intelligence Community.
• Conclusion 81. The Central Intelligence Agency (CIA) continues to excessively compartment sensitive human intelligence (HUMINT) reporting and fails to share important information about HUMINT reporting and sources with Intelligence Community analysts who have a need to know.
• Conclusion 82. BLACKED OUT. The lack of in-country human intelligence (HUMINT) collection assets contributed to this collection gap.

Administration did not pressure CIA on WMD conclusions.

PRESSURE CONCLUSIONS
• Conclusion 83. The Committee did not find any evidence that Administration officials attempted to coerce, influence or pressure analysts to change their judgments related to Iraq's weapons of mass destruction capabilities.
• Conclusion 84. The Committee found no evidence that the Vice President's visits to the Central Intelligence Agency were attempts to pressure analysts, were perceived as intended to pressure analysts by those who participated in the briefings on Iraq's weapons of mass destruction programs, or did pressure analysts to change their assessments.
• Conclusion 102. The Committee found that none of the analysts or other people interviewed by the Committee said that they were pressured to change their conclusions related to Iraq's links to terrorism. After 9/11, however, analysts were under tremendous pressure to make correct assessments, to avoid missing a credible threat, and to avoid an intelligence failure on the scale of 9/11. As a result, the Intelligence Community's assessments were bold and assertive in pointing out potential terrorist links. For instance, the June 2002 Central Intelligence Agency assessment Iraq and al-Qaida: Interpreting a Murky Relationship was, according to its Scope Note, "purposefully aggressive" in drawing connections between Iraq and al-Qaida in an effort to inform policymakers of the potential that such a relationship existed. All of the participants in the August 2002 coordination meeting on the September 2002 version of Iraqi Support/or Terrorism interviewed by the Committee agreed that while some changes were made to the paper as a result of the participation of two Office of the Under Secretary of Defense for Policy staffers, their presence did not result in changes to their analytical judgments.

Maintain role of women in armed forces in Iraq.

OFFICIAL CONGRESSIONAL SUMMARY:

Expresses the sense of Congress that:
1. women play a critical role in accomplishing the mission of the Armed Forces; and
2. there should be no change to existing statutes, regulations, or policy that would have the effect of decreasing the roles or positions available to women in the Armed Forces.

1. Women have a prominent role in American military history, with involvement as far back as the American Revolution.
2. Opportunities for servicewomen have increased dramatically since 1948, when the Women's Armed Services Integration Act of 1948 gave women a permanent place in the Armed Forces.
3. The Department of Defense began to expand its programs on women in the Armed Forces in earnest in 1973.
4. From 1973 to 2005, the number of women as a percentage of the total force of the Armed Forces increased from only 2.5% to approximately 17%, with more than 200,000 women currently serving in the Armed Forces.
5. The admission of women to the service academies began in Autumn 1976 and has increased steadily so that women currently comprise approximately 16% to 19% of the incoming class each year at the service academies.
6. The current policy excludes women units whose primary mission is to engage in direct combat on the ground.

It is the sense of Congress that--
1. women play a critical role in the accomplishment of the mission of the Armed Forces; and
2. there should be no change to existing statutes, regulations, or policy that would have the effect of decreasing the roles or positions available to women in the Armed Forces.

LEGISLATIVE OUTCOME:Referred to Senate Committee

Study & address suicides among veterans.

Veterans Suicide Study Act - Directs the Secretary of Veterans Affairs conduct a study to determine the number of veterans who have committed suicide between January 1, 1997, and the date of the enactment of this Act. Congress makes the following findings:

• Suicide among the veteran population is a serious problem.
• There is lack of information on the number of veterans who commit suicide each year.
• Study Required- The Secretary of Veterans Affairs shall conduct a study to determine the number of veterans who have committed suicide between January 1, 1997 and the date of the enactment of this Act.
• Coordination- In carrying out the study, the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense; Veterans Service Organizations; and States' public health offices and veterans agencies.
• Report to Congress- Not later than 180 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the study and the findings of the Secretary.

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').

Expand health services for women veterans.

A bill to expand and improve health care services available to women veterans, especially those serving in Operation Iraqi Freedom and Operation Enduring Freedom. Directs the Secretary of Veterans Affairs to:
1. report on barriers to the receipt of comprehensive health care through the Department of Veterans Affairs (VA) encountered by women veterans, especially those of Operations Iraqi Freedom and Enduring Freedom;
2. provide for an independent study on health consequences for women veterans serving on active duty in deployments in such Operations; and
3. report on the employment of full-time managers for women veterans programs at VA medical centers.

Requires the Secretary to:
1. develop a plan to improve the provision of VA health care services to women veterans;
2. carry out a program of education, training, certification, and continuing medical education for mental health professionals providing care for veterans suffering from sexual trauma;
3. carry out a pilot program of providing reintegration and readjustment services in group retreat settings to women veterans recently separated from service after a prolonged deployment; and
4. carry out a pilot program on subsidies for child care for certain women veterans receiving health care from VA facilities.

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.