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Patrick Leahy on Homeland SecurityDemocratic Sr Senator (VT) |
In a statement after the vote, Leahy said, "Momentum is on the side of surveillance reform. The USA FREEDOM Act of 2015 is a true bipartisan compromise. I would prefer more reforms as anyone can see from previous versions of the bill that I have introduced. Other Senators would prefer more dragnet surveillance. The USA FREEDOM Act achieves the important goal of ending the NSA's bulk collection program while ensuring the intelligence community's capabilities. Senate Republicans have an opportunity to avoid brinkmanship on this important national security issue. The Senate should take up and pass the USA FREEDOM Act." The bill now heads to the Senate.
Lawmakers recognized the urgency of the threat and passed the PATRIOT Act 98-1 in the Senate and 357-66 in the House. I signed the bill into law on Oct. 26, 2001.
"We took time to look at it, we took time to read it, and we took time to remove those parts that were unconstitutional and those parts that would have actually hurt liberties of all Americans," Democratic Senator Patrick Leahy of Vermont said. His Democratic colleague, Senator Chuck Schumer of New York, added, "If there is one key word that underscores this bill, it is 'balance.' In the new post-September 11 society that we face, balance is going to be a key word. . Balance and reason have prevailed."
ALITO: I don't see any connection between the concept of a unitary executive and the weight that should be given to signing statements in interpreting statutes. If a statute is not unconstitutional, then the statute is binding on the president and everyone else.
LEAHY: But does the president have unlimited power just to declare a statute--especially if it is a statute he had signed into law--unconstitutional, and that he's not going to follow it?
ALITO: It is emphatically the duty of the courts to say what is constitutional.
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`).
Leahy sponsored restricting 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:
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.
Congressional summary:: Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act:
Opponent`s argument against (Electronic Frontier Foundation): The bill only addresses a small portion of the problems created by NSA spying. It does not touch problems like NSA programs to sabotage encryption standards; it does not effectively tackle the issue of collecting information on people outside of the US; and it doesn`t address the authority that the government is supposedly using to tap the data links between service provider data centers, such as those owned by Google and Yahoo. The bill also does not address excessive secrecy; it won`t deal with the major over-classification issues or the state secrets privilege.
Opponent`s argument against (J. Kirk Wiebe, former NSA Senior Intelligence Analyst interview with TheRealNews.com): It`s window dressing. Stopping bulk collection is a good step, but the only thing that`s going to fix this is direct access into NSA`s databases by an independent group of hackers, techie types, people like Snowden who know how to get into a network and look at things and verify that the data they`re collecting and what they`re doing with it complies with the Constitution. The NSA has essentially operated illegally--unconstitutionally--for 60% of its existence.
Congressional Summary: HR 1735: The National Defense Authorization Act authorizes FY2016 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), and military construction. This bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. The bill authorizes appropriations for base realignment and closure (BRAC) activities and prohibits an additional BRAC round.
Wikipedia Summary: The NDAA specifies the budget and expenditures of the United States Department of Defense (DOD) for Fiscal Year 2016. The law authorizes the $515 billion in spending for national defense and an additional $89.2 billion for the Overseas Contingency Operations fund (OCO).
Opposition statement by Rep. Gerry Connolly (May 15, 2015): Congressman Connolly said he opposed the bill because it fails to end sequestration, and pits domestic investments versus defense investments. Said Connolly, `This NDAA uses a disingenuous budget mechanism to circumvent sequestration. It fails to end sequestration.`
Support statement by BreakingDefense.com(Sept, 2015): Republicans bypassed the BCA spending caps (the so-called sequester) by shoving nearly $90 billion into the OCO account, designating routine spending as an emergency war expenses exempted from the caps. This gimmick got President Barack Obama the funding he requested but left the caps in place on domestic spending, a Democratic priority. `The White House`s veto announcement is shameful,` Sen. John McCain said. `The NDAA is a policy bill. It cannot raise the budget caps. It is absurd to veto the NDAA for something that the NDAA cannot do.`
Legislative outcome: House rollcall #532 on passed 270-156-15 on Oct. 1, 2015; Senate rollcall #277 passed 70-27-3 on Oct. 7, 2015; vetoed by Pres. Obama on Oct. 22, 2015; passed and signed after amendments.
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.
A bill to provide educational assistance to the dependents of Federal law enforcement officials who are killed or disabled in the performance of their duties.