Sheldon Whitehouse on Homeland Security

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.

Funding wars separately is gimmick against sequestration.

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.

Exempt Veterans Affairs from federal hiring freeze.

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.

• Have you considered how this hiring freeze will affect VA`s ability to provide veterans with access to health care?
• How it will affect VA`s ability to decide on appeals for disability compensation?
• How it will impact those veterans who apply to federal jobs?

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.

Restore habeas corpus for detainees in the War on Terror.

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.`

Establish global strategy to defeat al Qaeda.

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.

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.