Kenny Marchant on Homeland Security

Last Updated : Aug 02, 2010

Campaign Website Statements 

NATIONAL SECURITY

Congressman Marchant believes that the fundamental responsibility of the federal government is to protect its citizens from foreign and domestic threats.  To this end, Congressman Marchant is a strong advocate of a robust and well-equipped military.  Congressman Marchant believes that in order to secure our safety at home, we must be willing to use force abroad when necessary.  Congressman Marchant is an advocate of President Ronald Reagan’s doctrine of “Peace through Strength,” which holds that military strength is a necessary component of peace.  The United States of America is the greatest force for good in the world, and the policies of appeasement and apology must be rejected if we are to remain a great power.
Congressman Marchant has also been recognized as a “Champion of National Security” by the Center for Security Policy. This award is based on Congressman Marchant’s strong record of defending America’s sovereignty, safety, and freedom.
As an active member of the Anti-Terrorism Caucus, Congressman Marchant regularly attends meetings regarding the issues of terrorism and the jihadist ideology that remains a threat to our peace and security.
In January, President Obama signed an executive order to close the detention facility at Guantanamo Bay, Cuba.  Guantanamo Bay is a $200 million state-of-the-art facility from which no terrorist has ever escaped.  Guantanamo Bay houses some of the world’s most dangerous terrorists, including many who helped plan the attacks of September 11, 2001.  It has been reported that President Obama plans to transfer terrorist detainees to locations around the world, including locations on American soil. 
Congressman Marchant is strongly opposed to bringing terrorists onto American soil for trial in an American criminal court.  Congressman Marchant believes that terrorist detainees should be treated as enemy combatants, not as common criminals with all the constitutional rights of an American citizen. 
  • Congressman Marchant cosponsored the Enemy Combatant Detention Review Act,which prohibits federal courts from ordering the release or transfer of Gitmo detainees into the United States. 
  • Congressman Marchant cosponsored the Military Tribunals for Terrorists Act, whichrequires that all foreign terrorists with links to terrorist networks who attack the United States or its Government be considered enemy combatants to be tried by military tribunals instead of civilian courts. 
  • Congressman Marchant cosponsored the Prevent Terrorists from Reuniting with Terrorist Cells Act, which would prohibit the release or transfer of an individual detained at Naval Station, Guantanamo Bay, Cuba, into or to the custody of any country or region that is recognized by the Department of State or the Department of Defense as a haven for terrorist activity or that has been classified as a state sponsor of terrorism.
  • Congressman Marchant cosponsored the Detainee Transfer and Release Security Act of 2010, which would require the President to submit certain certifications to Congress before transferring or releasing an individual detained at Naval Station, Guantanamo Bay, Cuba, to the custody of another country.
  • Congressman Marchant cosponsored the Detainee Trials at Gitmo Act, which would provide that the detention facility at Naval Station, Guantanamo Bay, Cuba remains open indefinitely and to require that individuals detained at the facility be tried only by military commission.  
  • Congressman Marchant cosponsored the Keep Terrorists Out of America Act, which would guarantee that dangerous terrorists held at the Guantanamo Bay detention facility are kept off American soil and out of our courts. 
  • Congressman Marchant cosponsored H.R. 4127, to amend title 10, United States Code, to provide that alien unprivileged enemy belligerents may only be tried by military commissions. 
Iran and North Korea
Congressman Marchant believes that Iran and North Korea pose unique and significant challenges to our national security and the peace and security of the world. 
Iran ranks as the world’s foremost sponsor of terrorism and supports extremist groups in Iraq and Afghanistan that target American soldiers on a daily basis.  To deal with the threat posed by Iran,Congressman Marchant believes the United States should strengthen deterrence against an Iranian attack on our allies in the region by deploying a comprehensive missile defense system to counter the threat of Iranian ballistic missiles.  Iran has the largest ballistic missile arsenal in the Middle East and has the capability to strike U.S. bases in the region, Israel, Turkey, and Egypt using a medium-range ballistic missile.  The United States should increase missile defense cooperation with countries that are threatened by Iran in Europe and in the Middle East, and particularly Israel, a prime target of Iranian aggression. 
Congressman Marchant also believes the United States should continue to pursue the strongest possible sanctions on the Iranian regime.  Iran benefitted greatly from the 2007-2008 spike in world oil and natural gas prices.  However, Iran’s economy has been hurt by the subsequent fall in energy prices, and the fact that Iran relies on imports for about 40 percent of its domestic gasoline needs makes them especially vulnerable to sanctions on gasoline and other refined petroleum products.  In an effort to end Iran’s pursuit of nuclear weapons, Congressman Marchant cosponsored the Iran Refined Petroleum Sanctions Act (H.R. 2194).  This legislation would increase the size of financial penalties against Iran and bar a handful of foreign companies that sell gasoline and other refined petroleum products to Iran from doing business in the U.S.
  • Congressman Marchant cosponsored the Iran Threat Reduction Act, which would strengthen existing legislation sanctioning persons aiding and facilitating nonproliferation activities by the Government of Iran.   
  • Congressman Marchant cosponsored the Iran Diplomatic Sanctions Act, which would expand economic sanctions against Iran to include refined petroleum.
  • Congressman Marchant cosponsored the Iran Sanctions Enabling Act, which wouldauthorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector.
  • Congressman Marchant cosponsored the America Stands with Israel Act, would prohibit United States participation on the United Nations Human Rights Council (UNHRC) and prohibit contributions to the United Nations for the purpose of paying for any United Nations investigation into the flotilla incident.
  • Congressman Marchant cosponsored H.Con.Res. 260, recognizing the 62nd anniversary of the independence of the State of Israel, and reaffirming unequivocal support for the alliance and friendship between the United States and Israel. 
  • Congressman Marchant cosponsored H.Res. 557, expressing support for the State of Israel’s inalienable right to defend itself in the face of an imminent nuclear or military threat from Iran, terrorist organizations, and the countries that harbor them. 
  • Congressman Marchant cosponsored H.Res.1241, supporting the right of Israel to defend itself against terrorists and the Israeli construction of new security fences along the border of Egypt. 
Congressman Marchant believes that North Korea poses a significant threat to the United States and our allies, Japan and South Korea, because of their record of missile and nuclear technology proliferation.
In order to address the dangers posed by the North Korea regime, Congressman Marchant believes we must maintain punitive sanctions in order to prevent the proliferation of missiles and WMD technology.  These sanctions should include freezing North Korean financial assets as well as targeting both ends of the proliferation pipeline rather than focusing only on North Korea.  Also, we should resume enforcing U.S. and international law against North Korean illicit activities such as money laundering and currency counterfeiting. 
Congressman Marchant also believes it is critical that the U.S. continue a robust missile defense development program to defend ourselves and our allies against North Korea.  We should continue to develop and deploy missile defense systems, reverse budget cuts to missile defense, and call
 
 

Voting Record

Arrest and Detention of US Citizens

In December of 2011, the House voted on the Defense appropriations act for 2012 - HR 1540. Part of that legislation was a provision to express the authorization of the military to arrest and indefinitely detain US citizens. The only requirement for this was that the person be suspected of allying with al-Qaida. The legislation passed 283-136. Kenny Marchant voted in favor of the legislation.

Kenny Marchant voted in favor of the legislation.

Department of Homeland Security Appropriations Act, 2010

In October of 2010, the House voted on a funding bill for Homeland Security. Buried within that legislation was language to prevent any funds from being used to transfer detainees from Guantanamo Bay to the US or to their home nation. Also in that funding bill was a definition that made photos taken of prisoners at Guantanamo bay classified and unable to be released. The act passed the House 258-163. Kenny Marchant voted in favor of the act which prevented the movement of prisoners from Gitmo and classified photos of detainees.

Kenny Marchant voted in favor of the act which prevented the movement of prisoners from Gitmo and classified photos of detainees.

FISA Amendment Acts of 2008

In June of 2008, the House voted on the FISA Amendment Acts of 2008. The legislation passed the House with bipartisan support 293-129, but was never raised in the Senate. The legislation primarily contained provisions to allow for the monitoring of terrorists overseas that were a continuation of expired provisions in the Protect America Act. It also granted immunity to telecommunications companies against their customers for giving information to the government without a warrant. Kenny Marchant voted in favor of the FISA Amendment Acts of 2008.

Kenny Marchant voted in favor of the FISA Amendment Acts of 2008.

Protect America Act of 2007

The Protect America Act of 2007 was a bill that sought to allow electronic surveillance of people reasonable believed to be outside of the United States. The bill lists the requirements for initiating surveillance and gives it a 1 year limitation. The bill passed in the House in a 227-183 vote. Kenny Marchant voted in favor of the Protect America Act of 2007.

Kenny Marchant voted in favor of the Protect America Act of 2007.

Military Commission Act of 2006

The Military Commissions Act passed in response to a supreme court ruling which stated that stated that military tribunals established by the Bush administrations did not align with the UCMJ. The Act defined unlawful enemy combatants and allowed for the military tribunals to be held. It passed the House 250-170. Kenny Marchant voted in favor of the Military Commission Act of 2006.

Kenny Marchant voted in favor of the Military Commission Act of 2006.

Electronic Surveillance Modernization Act

In September of 2006, Congress passed the Electronic Surveillance Modernization Act by a margin of 232-191. Specifically, the legislation made FISAs definition of electronic surveillance technology-neutral in terms of wire and radio communications, Updated the definition of who is covered under FISA, provided the President with the authority to collect electronic surveillance to acquire foreign intelligence information without a court order for up to 90 days after an armed attack or a terrorist attack, and strengthened congressional oversight of the surveillance program through notification and reporting requirements. Kenny Marchant voted in favor of the Electronic Surveillance Modernization Act.

Kenny Marchant voted in favor of the Electronic Surveillance Modernization Act.

USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006

The USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 was a bill that sought to allow electronic surveillance of people reasonable believed to be outside of the United States. The bill lists the requirements for initiating surveillance and gives it a 1 year limitation. The bill passed in the House in a 227-183 vote. Kenny Marchant voted in favor of reauthorizing the PATRIOT Act.

Kenny Marchant voted in favor of reauthorizing the PATRIOT Act.

 

Sponsored and Cosponsored Legislation

Session-112; Bill Number-H R 459; Military Tribunals for Terrorists Act 2011 - Cosponsor

Requires trial only by a military commission for any foreign national who: (1) engages or has engaged in an offense relating to a terrorist attack against persons or property in the United States or U.S. government property or personnel outside the United States; and (2) is subject to trial for that offense by a military commission under the Uniform Code of Military Justice.

Session-111; Bill Number-H R 4490; Detainee Transfer and Release Security Act of 2010 - Cosponsor

Prohibits the President from releasing or transferring an individual currently detained at Naval Station, Guantanamo Bay, Cuba, to the custody of the individual's country of origin or to a third country unless the President certifies to Congress that: (1) such country is not a designated state sponsor of terrorism; (2) such country's government can secure and exercise control over all of its territory; (3) no portion of such country's territory serves as a safe haven for terrorists or insurgent groups, particularly al Qaeda; and (4) there is no confirmed case of any individual who had been detained at Guantanamo who reengaged in terrorist activities subsequent to being transferred or released to such country.

Session-111; Bill Number-H R 4463; Military Tribunals for Terrorists Act of 2010 - Cosponsor

Requires trial only by a military commission for any foreign national who: (1) engages or has engaged in an offense relating to a terrorist attack against persons or property in the United States or U.S. government property or personnel outside the United States; and (2) is subject to trial for that offense by a military commission under the Uniform Code of Military Justice.

Session-110; Bill Number-H R 1399; Implementing Recommendations of the 9/11 Commission Act of 2007 - Cosponsor

To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.

Session-110; Bill Number-H R 5440; FISA Amendments Act of 2008 - Cosponsor

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize the Attorney General (AG) and Director of National Intelligence (DNI) to jointly authorize, for periods up to one year, the targeting (electronic surveillance) of persons located outside the United States in order to acquire foreign intelligence information, under specified limitations and requirements. Authorizes the AG and DNI to direct an electronic communication service provider to: (1) immediately provide the government with all information, facilities, and assistance necessary to accomplish an acquisition of communications; and (2) maintain under security procedures any records concerning such acquisition.

User Comments