House Proceeding on Jul 26th, 2007 :: 2:35:30 to 2:43:49
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2:35:16 to 2:35:30( Edit History Discussion )

Christopher Shays: order. the clerk: amendment offered by mr. nadler of new york, at the end of the bill before the shortle, insert the following, section 701, none of the funds made available by this act may

2:35:30 to 2:35:40( Edit History Discussion )

Alan B. Mollohan: be used to enforce section 505 of the u.s.a. patriot act until the department of justice concuts a full review and delivers to congress the use of national security letters to collect information

2:35:30 to 2:43:49( Edit History Discussion )
Speech By: Alan B. Mollohan

2:35:40 to 2:35:52( Edit History Discussion )

Alan B. Mollohan: on u.s. persons who are not suspected to be agents of a foreign power as that term is defined in 50 united states code 1801. the chairman: the gentleman from new york is recognized for five

2:35:52 to 2:36:08( Edit History Discussion )

Alan B. Mollohan: minutes. mr. nadler: thank you, mr. speaker. i commend the chairman in the committee for including in this act an provision that no funds shall be made available to authorize or issue a national

2:36:08 to 2:36:22( Edit History Discussion )

Alan B. Mollohan: security letter in contravention of current law. that should go without saying, as we have seen apparently not with the current administration. my amendment asks for an accounting by the

2:36:22 to 2:36:36( Edit History Discussion )

Alan B. Mollohan: department of justice of the f.b.i.'s collection and use of information on u.s. person who are not suspected of being terrorists or agents of a foreign power before we provide further funding for

2:36:36 to 2:36:48( Edit History Discussion )

Alan B. Mollohan: the issuance of more national security letters. this amendment prohibits any funds from being used to issue a national security letter under the provisions amended by section 505 of the patriot

2:36:48 to 2:37:02( Edit History Discussion )

Alan B. Mollohan: act until the department of justice conducts a full review and delivers a report to congress on the use of n.s.l.'s to collect information on u.s. persons who are not suspected of being agents

2:37:02 to 2:37:14( Edit History Discussion )

Alan B. Mollohan: of a foreign power or terrorist as that term is defined in 50 u.s.c. 1801. the underlying bill asks for the f.b.i. to conduct a report within two months on what has been done to implement

2:37:14 to 2:37:24( Edit History Discussion )

Alan B. Mollohan: the inspector general's recommendations with respect to n.s.l.'s. this would simply ask that that report be more specific and more inclusive and include the following information. how many national

2:37:24 to 2:37:38( Edit History Discussion )

Alan B. Mollohan: security letters have been issued? what standards are used to determine when to seek information on a person who is not suspected of being an agent of a foreign power? the current guidance

2:37:38 to 2:37:48( Edit History Discussion )

Alan B. Mollohan: as to what is "relevant" to an investigation where the targets are not suspected of being agents of a foreign power. how that information is stored? how the information is used? whether the

2:37:48 to 2:38:01( Edit History Discussion )

Alan B. Mollohan: information is used? whether that information is ever destroyed. whether that information has led to any substantial leads in terrorism cases. whether that information has ever been used in

2:38:01 to 2:38:13( Edit History Discussion )

Alan B. Mollohan: criminal cases. and whether that information has led to any adverse government action against people not suscted of being enemy agents, agents of a foreign power or terrorist. almost limitless

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Alan B. Mollohan: sensitive private information from communication providers, financial institutions, and consumer credit agencies can now be collected secretly by simply issuing a national security letter

2:38:25 to 2:38:38( Edit History Discussion )

Alan B. Mollohan: on a f.b.i. field director's simple arcertification that the request is merely relevant to a national security investigation. these communications and records can be of people who are u.s.

2:38:38 to 2:38:52( Edit History Discussion )

Alan B. Mollohan: citizens, who are not suspected of being agents of foreign power or terrorist. these communications or records can be demanded without any court review or approval. worse yet, the target of

2:38:52 to 2:39:04( Edit History Discussion )

Alan B. Mollohan: the n.s.l. will never know his communications or records were inspected by the government agents, the company, the financial agent, the service provider, the bank is barred by law from telling

2:39:04 to 2:39:17( Edit History Discussion )

Alan B. Mollohan: him or anyone else of the demand. as we know from the attorney general -- from the f.b.i. inspector general's audit, this broad discretion has been abused by the f.b.i. whose agents may

2:39:17 to 2:39:26( Edit History Discussion )

Alan B. Mollohan: have violated either the law or internal rules more than 1,000 times while misusing the authority to issue national security letters. this recent i.g. report heightens the clear need for

2:39:26 to 2:39:43( Edit History Discussion )

Alan B. Mollohan: more adequate checks on the f.b.i.'s investigateor powers with respect to n.s.l.'s. the f.b.i. has far-reaching powers in terrorist investigations without n.s.l.'s. in criminal investigations the

2:39:43 to 2:39:56( Edit History Discussion )

Alan B. Mollohan: f.b.i. can obtain a search warrant if there is a finding of probable cause or grand jury subpoena issued under the supervision of a judge and u.s. attorney. and international terrorism cases

2:39:56 to 2:40:05( Edit History Discussion )

Alan B. Mollohan: the f.b.i.'s sweeping authority to obtain records under section 215 of the patriot act. all this separate from n.s.l.'s. i intend to introduce this week with congressman flake the national

2:40:05 to 2:40:16( Edit History Discussion )

Alan B. Mollohan: security letters reform act of 2007 to address more fully the issues presented by section 505 of the national security letters. the bill would restore a prepatriot act requirement that the

2:40:16 to 2:40:27( Edit History Discussion )

Alan B. Mollohan: f.b.i. make a factual individualized showing that the records sought pertain to a spy. it would give them an opportunity to obtain legal counsel and thus preserve the constitutional right

2:40:27 to 2:40:38( Edit History Discussion )

Alan B. Mollohan: to a day in court. already courts have found parts of the n.s.l. authority to be too broad and unconstitutional. they are forbidden from consulting with an attorney have already been struck down

2:40:38 to 2:40:51( Edit History Discussion )

Alan B. Mollohan: another court found the n.s.l. to be unconstitutional on its face because it violates the fourth amendment's protection end against unreasonable searches and seizures. the national security

2:40:51 to 2:41:07( Edit History Discussion )

letter reform act of 2007 would allow the f.b.i. to continue issuing national security letters by correcting the constitutional deficiencies in the law. the bill would enable the f.b.i. to obtain

2:41:07 to 2:41:18( Edit History Discussion )

documents it needs while protecting the privacy of law-abiding citizens. i ask my colleagues vote for this amendment so we can protect the privacy of u.s. persons who are not terrorists

2:41:18 to 2:41:29( Edit History Discussion )

or agents of terrorists before we provide funding for those broad and sweeping powers provided under the patri act. i urge my colleagues to vote for this amendment. i yield back the balance

2:41:29 to 2:41:42( Edit History Discussion )

Alan B. Mollohan: of my time. the chairman: the gentleman yields back the balance of his time. does the gentleman from new jersey continue to preserve his point of order? mr. frelinghuysen: i do insist

2:41:42 to 2:41:53( Edit History Discussion )

Alan B. Mollohan: on my point of order. >> mr. speaker, i'd like to strike the last word. the chairman: the gentleman from florida is recognized for ed five minutes. mr. mack: thank you. mr. chairman, i rise to

2:41:53 to 2:42:02( Edit History Discussion )

Alan B. Mollohan: briefly lend my support to the conservative goal of congressional oversight. i have heard from many individuals and business leaders in the private sector about section 505. it has caused the financial

2:42:02 to 2:42:19( Edit History Discussion )

Alan B. Mollohan: services sector to work overtime in complying with the section and it has laid the foundation for an explosion in the use of national security letters. section 505 allows the executive

2:42:19 to 2:42:26( Edit History Discussion )

Alan B. Mollohan: branch to bypass the constitution's procedures for search warrants and grants authority that congress has a legitimate in roll in monitoring. this amendment simply asks the d.o.j. to conduct

2:42:26 to 2:42:36( Edit History Discussion )

Alan B. Mollohan: the review of their activities and ensure that the civil liberties of law-abiding americans are not getting swept up in the process of keeping our nation safe. mr. chairman, we all agree that protecting

2:42:36 to 2:42:46( Edit History Discussion )

Alan B. Mollohan: this country is a top priority. but alongside that should be ensuring that our freedom is not threatened along the way. the best way this body can do that is through smart and direct

2:42:46 to 2:42:59( Edit History Discussion )

Alan B. Mollohan: oversight. this amendment callsnd for that. thank you, mr. chairman. the chairman: the gentleman from new jersey continues his reservation. the gentleman from new jersey is recognized for five minutes.

2:42:59 to 2:43:11( Edit History Discussion )

Alan B. Mollohan: mr. frelinghuysen: thank you, mr. chairman. i rise in opposition to this amendment and i reserved aa point of order. the f.b.i.'s use of national security letters is a very important issue and

2:43:11 to 2:43:25( Edit History Discussion )

Alan B. Mollohan: should be addressed by authorizing committees. i'd like to point out which i know the sponsor knows that it's his judiciary committee that is the authorizing committee. and i respect that and i know

2:43:25 to 2:43:37( Edit History Discussion )

Alan B. Mollohan: he exercises a very powerful position on that committee. this amendment requires the department of justice to report on its use of national security letters before they could issue any new

2:43:37 to 2:43:49( Edit History Discussion )

Alan B. Mollohan: national security letters. as we all know, the department of justice inspector general released a report on the f.b.i.'s abuse of the national security letters in march. i hope that the

2:43:49 to 2:43:59( Edit History Discussion )

judiciary committee has been asking the department of justice questions. i'm sure they have. perhaps they should even mark up a bill to reform the f.b.i.'s use of national security letters