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Lee Terry on Homeland Security

Republican Representative (NE-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.

Reference: FISA Sunsets Extension Act; Bill H.514 ; vote number 11-HV066 on Feb 17, 2011

Voted NO on requiring FISA warrants for wiretaps in US, but not abroad.

CONGRESSIONAL SUMMARY: Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007 or RESTORE Act: Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for electronic surveillance directed at the acquisition of communication between non-US citizens outside the US, whether or not the communication passes through the US or the surveillance device is located within the US; and provides procedures when one party is located inside the US or is a US citizen.

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.

Reference: RESTORE Act; Bill H.R.3773 ; vote number 08-HR3773 on Mar 14, 2008

Voted NO on Veto override: Congressional oversight of CIA interrogations.

PRESIDENT'S VETO MESSAGE:This bill would impede efforts to protect [against] terrorist attacks because it imposes several unnecessary and unacceptable burdens on our Intelligence Community. [I reject] subjecting two additional vital positions to a more protracted process of Senate confirmation [and I reject] a new office of Inspector General for the Intelligence Community as duplicative. [Most sigficantly,] it is vitally important that the CIA be allowed to maintain a separate and classified interrogation program, [and not] use only the interrogation methods authorized in the Army Field Manual on Interrogations. My disagreement over section 327 is not over any particular interrogation technique such as waterboarding. Rather, my concern is the need to maintain a separate CIA program that will shield from disclosure to terrorists the interrogation techniques they may face upon capture.

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)

Bill Veto override on H.R. 2082 ; vote number 08-HR2082 on Mar 11, 2008

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

Vote on passage of S.1927, the Protect America Act: Amends the Foreign Intelligence Surveillance Act (FISA) to state that the restrictions on "electronic surveillance" should not encompass surveillance directed at any person reasonably believed to be located outside the US.

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.

Reference: Protect America Act; Bill S.1927 ; vote number 2007-0836 on Aug 4, 2007

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.

Reference: Accountability in Contracting Act; Bill H R 1362 ; vote number 2007-156 on Mar 15, 2007

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:
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.
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

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

Intelligence Reform and Terrorism Prevention Act of 2004: Establishment of Director of National Intelligence, to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.
Reference: Bill sponsored by Sen. Susan Collins {R, ME}; Bill S.2845 ; vote number 2004-544 on Dec 7, 2004

Voted YES on adopting the recommendations of the 9/11 Commission.

9/11 Recommendations Implementation Act:
Reference: Bill sponsored by Rep Denny Hastert [R, IL-14]; Bill H.R.10 ; vote number 2004-523 on Oct 8, 2004

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

Emergency Wartime Supplemental Appropriations Act of 2003: Vote to pass the bill that would supply $77.9 billion in emergency supplemental appropriations in fiscal 2003, including $62.5 billion for military operations in Iraq and the war on terrorism. The bill would also provide for $4.2 billion for homeland security, $8 billion in aid to allies and for Iraqi relief and rebuilding; $3.2 billion for U.S. airlines to cover additional security costs; and $1 billion in aid to Turkey.
Reference: Bill sponsored by Young, R-FL; Bill HR 1559 ; vote number 2003-108 on Apr 3, 2003

Voted YES on permitting commercial airline pilots to carry guns.

Armed Airline Pilots Bill: Vote to pass a bill that would create a program where commercial pilots would be deputized as federal law enforcement officers and would then be permitted to carry guns aboard airlines. To participate in the program, commercial pilots would have to undergo specialized training. At least 250 commercial pilots would undergo the training. Within two months of the bill's enactment, the Transportation Security Agency or TSA, would then be required to begin weapons training for pilots who had volunteered for the program. Airlines and pilots will not be held legally accountable when defending planes from terrorist acts except in cases of willful misconduct or gross negligence The TSA could temporarily put the program on hold if a pilot's gun unintentionally discharges and causes injury to a crew member or passanger. The bill also would entail flight attendants to undergo self-defense training. Also study training all federal law enforcement officers on aviation anti-terrorism.
Reference: Bill sponsored by Young, R-FL; Bill HR 4635 ; vote number 2002-292 on Jul 10, 2002

Voted YES on $266 billion Defense Appropriations bill.

Vote to pass a bill appropriating $266 billion in defense spending for FY 2000. Among other provisions the bill would allot $1.2 billion for research and development for next-generation tactical aircraft, yet would not include $1.8 billion in procurement funds for the new F-22 Raptor combat aircraft. The bill would also fund a 4.8 percent pay increase for military personnel. The bill would also allot $93.7 billion for operations and maintenance to be used to maintain military properties and spare parts that have been reduced due to overseas military combat missions.
Reference: Bill introduced by Lewis, R-CA; Bill HR 2561 ; vote number 1999-334 on Jul 22, 1999

Voted YES on deploying SDI.

Vote to declare it to be the policy of the United States to deploy a national missile defense.
Reference: Bill introduced by Weldon, R-PA; Bill HR 4 ; vote number 1999-4 on Mar 18, 1999

Allow assassination of terrorist leaders.

Terry co-sponsored allowing assassination of terrorist leaders

OnTheIssues.org explanation: The US Army and the CIA are currently prohibited by law from assassinating enemies, including terrorist leaders. These prohibitions were put into place after the Kennedy assassination, and after the CIA attempted to assassinate Fidel Castro, so that enemy countries would have no incentive to assassinate American leaders. This bill undoes those prohibitions. Pres. Bill Clinton claimed during his presidency, he interpreted this law to NOT apply to terrorist leaders, since "assassination" only applies to government officials. Hence Pres. Clinton DID attempt to assassinate Osama bin Laden, by cruise missile attack. Under that interpretation (which is not universally accepted) this bill would clarify that Pres. Clinton's actions were and are legal, and hence Pres. Bush may take the same action.

EXCERPTS FROM BILL and from ORIGINAL EXECUTIVE ORDERS:

Source: Terrorist Elimination Act (H.R.19) 01-HR0019 on Jan 3, 2001

Rated 11% by SANE, indicating a pro-military voting record.

Terry scores 11% by SANE on peace issues

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...

As the Pentagon’s budget soars to $400 billion, 17% of American children live in poverty. For what the US will spend on Missile Defense in one year we could: put over a million children through Head Start OR provide healthcare for over 3.5 million children OR create over 100,000 units of affordable housing OR hire over 160,000 elementary school teachers. At Peace Action our priorities are clear.

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.

Source: SANE website 03n-SANE on Dec 31, 2003

Extend reserve retirement pay parity back to 9/11.

Terry co-sponsored extending 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.
Source: Reservists Parity for Patriots Act (S.2836/H.R.4930) 07-S2836 on Dec 19, 2007

Include post-traumatic stress disorder in vet's disability.

Terry co-sponsored including post-traumatic stress disorder in vet's disability

Full Faith in Veterans Act of 2008 - To accept as sufficient proof of service-connection of post-traumatic stress disorder (PTSD) alleged to have been incurred in or aggravated by active military service a diagnosis of PTSD by a mental health professional, together with a written determination that such disorder is related to the veteran's service, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding that there is no official record of such incurrence or aggravation during such service. Requires the Secretary to resolve every reasonable doubt in favor of the veteran. Allows PTSD service-connection to be rebutted by clear and convincing evidence. Requires the Secretary of Veterans Affairs to:

  1. conduct audits of examinations of veterans who submit claims for disability compensation for PTSD;
  2. update the schedule for rating disabilities with respect to PTSD, traumatic brain injury, and other mental disorders;
  3. implement new PTSD criteria;
  4. implement a holistic treatment approach for veterans with PTSD; and
  5. require VA employees responsible for adjudicating disability compensation ratings to take into consideration veterans' treatment records from readjustment counseling centers and written opinions of mental health professionals.
Source: Full Faith in Veterans Act (H.R.5448) 08-H5448 on Feb 14, 2008

Improve educational assistance for veterans.

Terry co-sponsored improving educational assistance for veterans

A bill to improve educational assistance for members of the Armed Forces and veterans in order to enhance recruitment and retention for the Armed Forces.

Congress makes the following findings:
  1. The World War II-era GI Bill assisted almost 8,000,000 members of the Armed Forces in readjusting to civilian life after completing their service to the nation.
  2. The establishment of the All Volunteer Force in 1973 has produced highly professional Armed Forces.
  3. The Sonny Montgomery GI Bill was enacted in 1984 to sustain the All Volunteer Force by providing educational benefits to aid in the recruitment and retention of highly qualified personnel.
  4. The All Volunteer Force depends for its effectiveness and vitality on successful recruiting of highly capable men and women.
  5. The achievement of educational goals, including obtaining the means to a college degree, has traditionally been a key reason for volunteering for service in the Armed Forces.
Source: Enhancement of Recruitment ThrU Education Act (S2938/HR5944) 08-S2938 on Apr 29, 2008

End bulk data collection under USA PATRIOT Act.

Terry 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: