Dean Heller on Homeland Security
Support our troops and win the war on terrorism
Support our Troops and Win the War on Terrorism: Heller supports our troops as they defend our freedom and protect our nation from terrorism. He will work to strengthen our borders from unlawful entry and stop illegal immigration.
Source: 2006 Senate campaign website, www.deanheller.com, “Issues”
, Nov 7, 2006
Voted NO 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:
- broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations
- cooperating with foreign broadcasting networks
- assisting and supporting noncommercial educational radio broadcasting
- paying dues to such organizations
- 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:
Reference: FISA Sunsets Extension Act;
; vote number 11-HV066
on Feb 17, 2011
[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.
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;
; 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;
; vote number 2007-0836
on Aug 4, 2007
Voted YES on restricting no-bid defense contracts.
- 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.
- Increasing Contract Oversight--to make publicly available (on websites) justification documents for using noncompetitive contract procedures.
- 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
Sponsored opposing the United Nations Arms Trade Treaty.
Heller co-sponsored Resolution on UN
Congressional Summary:Expressing the conditions for the US becoming a signatory to the UN Arms Trade Treaty (ATT).
- WHEREAS the ATT poses significant risks to the national security, foreign policy, and economic interests of the US as well as to the constitutional rights of US citizens and US sovereignty;
- WHEREAS the ATT fails to expressly recognize the fundamental, individual right to keep and to bear arms;
- WHEREAS the ATT places free democracies and totalitarian regimes on a basis of equality, recognizing their equal right to transfer arms, and is thereby dangerous to the security of the US;
- WHEREAS the ATT will create opportunities to engage in 'lawfare' against the US via the misuse of the treaty's tribunals;
- WHEREAS the ATT could hinder the US from fulfilling its strategic and moral commitments to provide arms to allies such as Taiwan & Israel;
- Now, therefore, be it RESOLVED that--
- the President should not sign the Arms Trade Treaty,
and that the Senate should not ratify the ATT; and
- that no Federal funds should be authorized to implement the ATT.
Opponent's argument against bill:(United Nations press release, June 3, 2013):
Secretary-General Ban Ki-moon str
Source: S.CON.RES.7 & H.CON.RES.23 : 13-SC007 on Mar 13, 2013
Restrict domestic monitoring of phone calls.
Heller 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: USA FREEDOM Act 14-S1123 on Apr 28, 2015
End bulk data collection under USA PATRIOT Act.
Heller 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-S1599 on Oct 29, 2013
$515B for military plus $89B off sequester for wars.
Heller voted YEA 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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