Ted Poe on Homeland Security Republican Representative (TX-2)

Voted YES 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:
1. broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations
2. cooperating with foreign broadcasting networks
3. assisting and supporting noncommercial educational radio broadcasting
4. paying dues to such organizations
5. 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.

Voted NO 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 NO 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 YES 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 NO 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 YES 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 YES 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 continuing military recruitment on college campuses.

Extend reserve retirement pay parity back to 9/11.

Congress makes the following findings:
1. Since September 11, 2001, members of the reserve components of the Armed Forces have been sent into harm's way and fought alongside members of the regular components of the Armed Forces.
2. Between September 11, 2001, and December 7, 2007, more than 600,000 members of the reserve components have been mobilized in support of military operations in Iraq and Afghanistan and for other contingency operations.
3. More than 142,000 members of the reserve components have been mobilized more than once during this same period.
4. On December 7, 2007, the conference report for H. R. 1585 offered an earlier retirement benefit for members of the reserve components who are mobilized in support of contingency operations.
5. The House of Representatives and the Senate agreed to the conference report on December 14, 2007.
6. However, the conference report only considers service performed after the date of the enactment, and this effective date fails to recognize the service and sacrifice made by members of the reserve components since September 11, 2001.

Sponsored opposing the United Nations Arms Trade Treaty.

Congressional Summary:Expressing the conditions for the US becoming a signatory to the UN Arms Trade Treaty (ATT).

• WHEREAS the ATT poses significant risks to the national security, foreign policy, and economic interests of the US as well as to the constitutional rights of US citizens and US sovereignty;
• WHEREAS the ATT fails to expressly recognize the fundamental, individual right to keep and to bear arms;
• WHEREAS the ATT places free democracies and totalitarian regimes on a basis of equality, recognizing their equal right to transfer arms, and is thereby dangerous to the security of the US;
• WHEREAS the ATT will create opportunities to engage in 'lawfare' against the US via the misuse of the treaty's tribunals;
• WHEREAS the ATT could hinder the US from fulfilling its strategic and moral commitments to provide arms to allies such as Taiwan & Israel;
• Now, therefore, be it RESOLVED that--

1. the President should not sign the Arms Trade Treaty, and that the Senate should not ratify the ATT; and
2. that no Federal funds should be authorized to implement the ATT.

Opponent's argument against bill:(United Nations press release, June 3, 2013):

Secretary-General Ban Ki-moon str

End bulk data collection under USA PATRIOT 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

  No transfers of Gitmo prisoners to US or abroad.

  Poe co-sponsored H.R.401 & S.165

  Congressional Summary: To extend and enhance limitations on the transfer or release of individuals detained at Guantanamo Bay. No amounts appropriated for any agency of the US Government may be used, for two years, to construct or modify any facility in the US, to house an individual detained at Guantanamo.

  Proponents reasons for voting YEA: Rep. WALORSKI: 21 terrorists have been released just in November alone to foreign countries. This measure would repeal current law that has allowed the administration to transfer prisoners to foreign countries and reduce the population at GTMO down to 127. Detainees at GTMO pose a real threat to our national security. HR 401 would prohibit any detainee transfers to Yemen. Yemen's branch of al Qaeda was founded by former GTMO detainees. We cannot risk trusting the world's most dangerous terrorists to its most dangerous places, nor should we simply cut them loose in rich, stable countries with no security safeguards in place.

  Opponents reasons for voting NAY: (CloseGuantanamo.org article, Jan. 2015): The prison at Guantanamo Bay has been open for 13 years. In 2009, President Obama pledged to close Guantanamo within a year. Yet it remains open, undermining America's values and national security. Almost half of the remaining 122 prisoners--55 men in total--were cleared for release in 2010 through 2013. Some of these men were previously cleared by the Bush Administration--some as long ago as 2004. It is unacceptable that the U.S. government continues to hold men that its own national security experts have recommended for release or transfer, and that Congress has intervened to maintain this deplorable state of affairs. We call for the immediate closure of Guantanamo. Guantanamo harms our nation every day it stays open, and it continues to serve as a potent symbol for terrorist recruitment.

  Source: Detaining Terrorists to Protect America Act 15_H401 on Jan 16, 2015

  Military spouses don't lose voting residency while abroad.

  Poe signed Military Spouses Residency Relief Act
  A bill to amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency, and for other purposes.
  • Prohibits, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders.
  • Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders.
  • Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.
  Source: S.475&HR.1182 2009-S475 on Feb 25, 2009

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