Jared Polis on Homeland Security
Restore habeas corpus; end warrantless spying
Balance must be restored between the executive and the judicial branch (through the restoration of habeas corpus), between the executive and the legislative branch (by clarifying that the President does not have the Constitutional authority to
unilaterally alter legislation through signing statements), and between the executive and the people of the United States (by clarifying that the Fourth Amendment requires probable cause and a warrant for the government to spy on Americans).
Source: 2008 House campaign website, polisforcongress.com, "Issues"
, Nov 4, 2008
Allow gay veterans to receive certain state benefits
It means honoring those Coloradans who have bravely served our country yet been dismissed from the military and prevented from receiving certain state Veterans' benefits because of who they love.
With the leadership of Senator Moreno, Representative Ortiz, and Adjutant General Clellan, we will start to right this wrong. I will be excited to see the Restoration of Honor Act reach my desk.
Source: 2021 State of the State Address to the Colorado legislature
, Feb 17, 2021
Repeal Don't-Ask-Don't-Tell, and reinstate discharged gays.
Polis signed HR1283&S3065
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`).
Source: Military Readiness Enhancement Act 10-HR1283 on Mar 3, 2010
Sponsored defunding nuclear-armed aircraft and nuclear R&D or testing.
Polis co-sponsored SANE Act
Congressional Summary:Smarter Approach to Nuclear Expenditures Act: Prohibits using funds in 2014 or thereafter:
- to arm a B-2 or B-52 aircraft with a nuclear weapon;
- for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft;
- to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; or
- for the B61 or W78 life extension program.
- Requires that, beginning in FY2014, the Navy shall include no more than eight operational ballistic-missile submarines available for deployment.
- Prohibits using DOD funds for FY2014 or thereafter to maintain more than 200 intercontinental ballistic missiles (ICBMs), and 250 submarine-launched ballistic missiles
- Prohibits funding RDT&E or procurement of a new ICBM or for the medium extended air defense system.
Opponent`s argument against bill: (Twitchy blog, `Who said what?`, twitchy.com):
North Korea has evidently been conducting nuclear device tests, and the timing couldn`t be better, of course, as President Obama is expected to call for a reduction in nuclear arms tonight in his State of the Union address. Mass. Rep. Ed Markey is totall
Source: H.R.1506 13-H1506 on Apr 11, 2013
Restrict domestic monitoring of phone calls.
Polis signed 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: Requires the FBI, when seeking phone call records, to show both relevance and a reasonable suspicion that the specific selection term is associated with a foreign power engaged in international terrorism.Requires a judge approving the release, on a daily basis, of call detail records; and to limit production of records to a period of 180 days.Requires a declassification review of each decision issued by the FISA court; and make such decisions publicly available, subject to permissible redactions.
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.
Source: H.R.2048&S.2685 14-H2048 on Apr 28, 2015
End bulk data collection under USA PATRIOT Act.
Polis 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
Funding wars separately is gimmick against sequestration.
Polis voted NAY National Defense Authorization Act
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.
Source: Congressional vote 15-HR1735 on Apr 13, 2015
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