|
Mike Fitzpatrick on Homeland Security
Former Republican Representative (PA-8, 2005-2007)
|
|
|
Voted NO on extending the PATRIOT Act's roving wiretaps.
Congressional Summary: To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content, including: - broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations
- cooperating with foreign broadcasting networks
- assisting and supporting noncommercial educational radio broadcasting
- paying dues to such organizations
- or acquiring radio programs for public broadcast.
Proponent's Argument for voting Yes:
[Rep. Blackburn, R-TN]: This bill gets the Federal Government--and Federal taxpayers--out of the business of buying radio programming they do not agree with. This is a bill that is long overdue. Regardless of what you think of NPR, its programming or statements by its management, the time has come to cut the umbilical cord from the taxpayer support that has become as predictable as an entitlement program. Much has changed in the media landscape since the
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.
Reference: FISA Sunsets Extension Act;
Bill H.514
; vote number 11-HV066
on Feb 17, 2011
Voted YES on allowing electronic surveillance without a warrant.
Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow the President & Attorney General to authorize electronic surveillance without a court order to acquire foreign intelligence information, after certifying that the surveillance is directed at the acquisition of communications of foreign agents. 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.
Reference: Update the Foreign Intelligence Surveillance Act of 1978;
Bill H.R.5825
; vote number 2006-502
on Sep 28, 2006
Voted YES on continuing intelligence gathering without civil oversight.
A resolution providing for consideration of the bill (H.R. 5020) to authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities. Voting YES indicates support of the current methods for intelligence-gathering used by the CIA and other agencies. The resolution's opponents say: - 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.
Reference: Intelligence Authorization Act;
Bill HR 5020 resolution H RES 774
; vote number 2006-108
on Apr 26, 2006
Voted YES on federalizing rules for driver licenses to hinder terrorists.
REAL ID Act of 2005: To establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence. - 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.
Reference: Bill sponsored by Rep. James Sensenbrenner [R, WI-5];
Bill H.R.418
; vote number 2005-031
on Feb 10, 2005
Voted YES on continuing military recruitment on college campuses.
Expresses the continued support of Congress for, and encourages the executive branch to continue challenging any judicial decision against, specified provisions of Federal law prohibiting making certain Federal contracts with or grants to institutions of higher education that prevent military recruiters from having access to their campuses and to certain information about their students.
Reference: Resolution sponsored by Rep Mike Rogers [R, AL-3];
Bill H.CON.RES.36
; vote number 2005-016
on Feb 2, 2005
End bulk data collection under USA PATRIOT Act.
Fitzpatrick co-sponsored USA FREEDOM Act
Congressional summary:: Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act:
- Amends the Foreign Intelligence Surveillance Act (FISA) to require that the records sought pertain to an individual in contact with a foreign power.
- Amends the USA PATRIOT Act to minimize the acquisition and retention of information and to prohibit its unauthorized dissemination.
- Imposes additional requirements on the authorized use of pen registers and trap and trace devices (devices for recording incoming and outgoing telephone numbers).
- Prohibits the searching of collections of communications of US persons.
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.
Source: HR3361 & S1599 14-H3361 on Oct 29, 2013
Page last updated: Jun 30, 2017