Jon Tester on Homeland Security
Democratic Jr Senator
Tester depicted Rehberg as an irresponsible spender during his 12 years in Congress. He described Rehberg as a politician who used a "credit card" to vote for a new federal prescription drug program and two wars, among other spending.
TESTER: It deals with the freedoms that so many people have fought and died for. If we want to get serious about the War on Terror, we need to make the investments to fight the war on terror. We ought not be taking rights away from honest citizens. If we’ve got terror cells around the world, then let’s invest in human intelligence. Let’s invest in our Special Forces. Let’s go after ‘em, and let’s be serious, and not get sidetracked by Iraq. Right now, we’re taking rights away from honest people. If they think you fall into their list, you’re a target. By the time they figure out there’s a terror cell, they can get a warrant. The Senator wants to let them have Carte Blanche. The government ought not be taking away our freedoms.
JONES: We’ve lost our Fourth Amendment rights; now there’s no protection to our privacy.
BURNS: The Patriot Act is a tool that is in place now for drug kingpins and organized crime.
TESTER: The Patriot Act has very little to do with the War on Terrorism and a lot to do with why the terrorists attacked this country, which is to take away our freedoms.
BURNS: The Patriot Act gave our law enforcement people the same tools that they had to go after organized crime and drug kingpins. That’s all it is. Mr. Tester doesn’t understand this enemy. It is global. He wants to weaken the Patriot Act, and take away the tools from the people who work for our protection.
TESTER: Let me be clear--I don’t want to weaken the Patriot Act, I want to repeal it. It’s two inches think, and it does far more than what Burns said--it takes away your freedoms. Hundreds of thousands of Americans have fought and died for our freedoms. If we lose our freedoms, the terrorists will have won. We need to be very forceful against the terrorists, and get ‘em. We’re taking away freedoms--first!--and that’s ridiculous.
Proponent's Argument for voting Yes:
[Rep. Smith, R-TX]: America is safe today not because terrorists and spies have given up their goal to destroy our freedoms and our way of life. We are safe today because the men and women of our Armed Forces, our intelligence community, and our law enforcement agencies work every single day to protect us. And Congress must ensure that they are equipped with the resources they need to counteract continuing terrorist threats. On Feb. 28, three important provisions of the USA PATRIOT Act will expire. These provisions give investigators in national security cases the authority to conduct "roving" 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.
Status: Passed 86-12
Sen. CORNYN. The problem I have with this bill is that the US Treasury is not bottomless, and the funding that is being provided to create this new pension would literally be at the expense of US veterans. The $221 million that is addressed by Sen. Burr's amendment would actually go back in to supplement benefits for US veterans. And while we appreciate and honor all of our allies who fought alongside of us in WWII, certainly that doesn't mean we are going to grant pension benefits to all of our allies, [like] the British or the Australians. Vote for the Burr Amendment because certainly our American veterans should be our priority.
[The PAA allows] acquiring all the calls and e-mails between employees of a US company and a foreign company, with no requirement to get a warrant and no requirement that there be some link to terrorism. So any American who works at a company that does business overseas should think about that.
OPPONENT'S ARGUMENT FOR VOTING NO: Sen. BOND: The purpose of this bill is, and always has been, to enable the intelligence community to act to target foreign terrorists and spies overseas.
The amendment, as it is drafted, will have a totally unexpected impact. It is difficult to explain, in an unclassified session, why this amendment is unworkable. There are only certain communications which the intelligence community is lawfully permitted to acquire, and which it has any desire to acquire, because to acquire all the communications from all foreigners is an absolutely impossible task.
I cannot describe in a public setting how they go about ascertaining which collections are important. But to say that if Osama bin Laden calls somebody in the US, we cannot listen in to that communication, unless we have an independent means of verifying it has some impact or a terrorist threat--That is the most important communication we need to intercept.
LEGISLATIVE OUTCOME:Amendment Rejected, 38-57
A modified version, S.2011, failed; 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.
Proponents support voting YES because:
Sen. HAGEL: The war in Iraq has pushed the US Army to the breaking point. When we deploy our military, we have an obligation to ensure that our troops are rested, ready, prepared, fully trained, and fully equipped. Today's Armed Forces are being deployed repeatedly for increasing periods of time. This is quickly wearing down the troops and their families, impacting the mental and physical health of our troops. Further, these deployments are affecting the recruiting and retention rates of the military. For example, the Army reached only a little over 80% of its recruiting goal for June. This is the second month in a row that the Army has failed to recruit the number of new soldiers needed to fill the ranks. And this is with $1 billion in large cash bonus incentives.
Opponents recommend voting NO because:
Sen. KYL: Time in theater and dwell times should be a goal, rather than an absolute fixed requirement that becomes the policy of the US military determined by congressional action. By mandating a certain policy for deployment time or dwell time, the Congress is engaged in the most explicit micromanaging of what is obviously a function for the Commander in Chief and military commanders to perform. This is not something Members of Congress are knowledgeable about or would have the ability to dictate in any responsible fashion. It also would be unconstitutional. Clearly, the dwell times of troops or the amount of time in theater is an obligation of the Commander in Chief, not something for the Congress to determine.
Opponents recommend voting NO because:
One of the authors of the 9/11 Commission report said, the President's announced strategy should be given a chance to succeed. That is what I think we should do, give this plan a chance to succeed. Our troops in theater, our commanders, and the Iraqi leaders all believe they can see early signs of success in this program, even though it has just begun, and they are cautiously optimistic that it can succeed. I think it would be unconscionable for the Congress, seeing the beginnings of success here, to then act in any way that would pull the rug out from under our troops and make it impossible for them to achieve their mission.
Veterans Suicide Study Act - Directs the Secretary of Veterans Affairs conduct a study to determine the number of veterans who have committed suicide between January 1, 1997, and the date of the enactment of this Act. Congress makes the following findings:
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').
Press Release from Sen. Merkley's officeCiting the dangers to US national security posed by terrorists and rogue states seeking nuclear weapons, a bipartisan group of 26 senators sent a letter last week to the Office of Management and Budget (OMB), calling on the President to support increased funding in the FY2016 budget to more rapidly secure and permanently dispose of nuclear and radiological materials. The letter comes in response to the President's proposals in recent years to decrease funding for nuclear material security and nonproliferation programs.
The senators indicated that unsecured nuclear material poses unacceptably high risks to the safety of Americans and argued that the rate at which nuclear and radiological materials are secured and permanently disposed of must be accelerated. The senators expressed concern that cutting funds would slow what has been a successful process of elimination and reduction of highly enriched uranium (HEU) and separated plutonium in the international community. In just the last five years, nuclear security and non-proliferation programs have proven successful in eliminating HEU and separated plutonium from 13 countries, including Ukraine.
"Reducing budgets for agencies and programs that help keep nuclear and radiological materials out of the hands of terrorists is out of sync with the high priority that the President has rightly placed on nuclear and radiological material security and signals a major retreat in the effort to lock down these materials at an accelerated rate," the senators wrote. "The recent spate of terrorism in Iraq, Pakistan, and Kenya is a harrowing reminder of the importance of ensuring that terrorist groups and rogue states cannot get their hands on the world's most dangerous weapons and materials."
In the past two fiscal years, Congress has enacted $280 million additional dollars to the President's proposed funding for core non-proliferation activities.
Congressional summary:: Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection, and Online Monitoring Act or the USA FREEDOM Act:
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.
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Senate races 2017-8:
AZ: Flake(R) vs. Ward(R) vs.Sinema(D) vs.Abboud(D) vs.McSally(R) vs.Arpaio(R) vs.Marks(L)
CA: Feinstein(D) vs. Eisen(I) vs. Sanchez?(D) vs.de_Leon(D)
CT: Murphy(D) vs.Adams(D) vs.Corey(R)
DE: Carper(D) vs.Arlett(R) vs.Truono(R) vs.
FL: Nelson(D) vs.
HI: Hirono(D) vs.Curtis(R) vs.
IN: Donnelly(D) vs.
MA: Warren(D) vs. Ayyadurai(I) vs.
MD: Cardin(D) vs.Campbell(R) vs.Vohra(L) vs.
ME: King(I) vs.Brakey(R) vs.Ringelstein(D) vs.Lyons(L)
MI: Stabenow(D) vs.
MN-6: Klobuchar(D) vs.Newberger(R) vs.Overby(G)
MO: McCaskill(D) vs.Petersen(R) vs.Petersen(R) vs.Monetti(R) vs.Hawley(R)
MS-2: vs.Hyde-Smith(R) vs. McDaniel(R) vs.Espy(D) vs.
MS-6: Wicker(R) vs.Baria(D) vs.
MT: Tester(D) vs.Olszewski(R) vs.Rosendale(R)
ND: Heitkamp(D) vs.Peyer(D) vs.Cramer(R) vs.
NE: Fischer(R) vs.Raybould(D)
NJ: Menendez(D) vs.
NM: Heinrich(D) vs.Rich(R) vs.Johnson(L)
NV: Heller(R) vs.
NY: Gillibrand(D) vs.
OH: Brown(D) vs.
PA: Casey(D) vs.
RI: Whitehouse(D) vs.Nardolillo(R)
TN: Corker(R) vs.Bredesen(D) vs.
TX: Cruz(R) vs.
UT: Hatch(R) vs.
VA: Kaine(D) vs.
VT: Sanders(I) vs.Milne(D) vs.MacGovern(D) vs.Paige(R)
WA: Cantwell(D) vs.Hutchison(R) vs.Ferguson(D) vs.Luke(L) vs.Strider(L)
WI: Baldwin(D) vs.Vukmir(R)
WV: Manchin(D) vs.
WY: Barrasso(R) vs.Trauner(D)
Senate Votes (analysis)
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