Kevin Yoder on Homeland Security | |
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.
Congressional Summary:Expressing the conditions for the US becoming a signatory to the UN Arms Trade Treaty (ATT).
Opponent's argument against bill:(United Nations press release, June 3, 2013):
Secretary-General Ban Ki-moon str
The Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 or the USA FREEDOM Act: Congressional Summary:
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.
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.
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.
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.
Excerpts from Letter to Pres. Obama: In 2008,the City of Leavenworth initially became aware of the possibility of a transfer of Guantanamo Bay detainees. We understand that the Disciplinary Barracks at Fort Leavenworth is the only maximum security prison within the Department of Defense. However, you must understand our justifiable trepidation about moving to Kansas some of the most dangerous terrorists in the world. Should this transfer move forward, many of our Middle Eastern allies who send officers to train at Fort Leavenworth will likely stop the practice. The people of Leavenworth, Kansas--regardless of political parties--are strongly against transferring Guantanamo detainees to American soil.
Opposing argument: (ACLU, "Wasted Opportunities," Feb. 2, 2017): The ACLU has repeatedly stated that the prison at Guantanamo Bay is an affront to American values and the rule of law. But detention at Guantanamo breaks the budget as much as it is wrong. This unnecessary and wasteful spending comes at a time when budgets are shrinking and even the most vital programs for veterans, service members, and their families are subject to painful cuts. The injustice of Guantanamo is costing us a fortune.
Supporting argument: (Cato Institute, "A Problem for the Next Person in Charge," Feb. 23, 2016) President Obama's plan to close the Guantanamo Bay prison is really a plea to Congress to stop banning the transfer of detainees to the US for trial or indefinite detention. The administration argues that closing Gitmo is a "national security imperative" and a resource drain. Both points are overstated. Yes, Gitmo is bad for the nation’s image but there is little evidence that the prison, as opposed to US wars, generates terrorism. Yes, closing the prison would save $335 million over 10 years, but that is .00005% of projected Pentagon spending over the decade, leaving aside war costs.