[House Report 110-383]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-383
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2102) TO MAINTAIN THE
FREE FLOW OF INFORMATION TO THE PUBLIC BY PROVIDING CONDITIONS FOR THE
FEDERALLY COMPELLED DISCLOSURE OF INFORMATION BY CERTAIN PERSONS
CONNECTED WITH THE NEWS MEDIA
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October 15, 2007.--Referred to the House Calendar and ordered to be
printed
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Mrs. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 742]
The Committee on Rules, having had under consideration
House Resolution 742, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2102, the
``Free Flow of Information Act of 2007,'' under a structured
rule. The resolution provides for one hour of debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
the Judiciary shall be considered as adopted. The bill, as
amended, shall be considered as read. The resolution waives all
points of order against provisions of the bill. This waiver
does not affect the point of order available under clause 9 of
rule XXI (regarding earmark disclosure).
The resolution makes in order only the amendment printed in
this report if offered by Representative Boucher or his
designee. The amendment shall not be subject to a demand for
division of the question, shall be considered as read, and
shall be debatable for ten minutes equally divided and
controlled by the proponent and an opponent. The resolution
waives all points of order against the amendment printed in
this report except those arising under clause 9 or 10 of rule
XXI. The resolution provides one motion to recommit with or
without instructions. Finally, the resolution permits the
Chair, during consideration of the bill in the House, to
postpone further consideration of the bill to a time designated
by the Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against the
bill and its consideration (except for those arising under
clause 9 or 10 of rule XXI), the Committee is not aware of any
points of order against the bill or its consideration. The
waivers of all points of order against the bill and its
consideration (except those arising under clause 9 or 10 of
rule XXI) are prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 348
Date: October 15, 2007.
Measure: H.R. 2102.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 3-7.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 349
Date: October 15, 2007.
Measure: H.R. 2102.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Smith (TX), #2, which would
require that a party seeking to compel disclosure exhaust
reasonable alternative sources ``known to that party.'' It
would delete a requirement that, in a criminal investigation,
information that a crime has occurred be from a person other
than a covered person. It would allow the government to prove
that information sought is ``important'' (not critical) to the
resolution of a criminal or civil proceeding. It would require
that the government demonstrate that the disclosure of a source
``will help'' (instead of is necessary to) prevent or identify
the origin of an act of terrorism. It would require the
government to demonstrate that the disclosure of a source
``will help'' identify a person who has disclosed certain
information. It would delete the public interest balancing
test. It would delete the provision permitting access to source
information to prevent imminent death and replace it with a
provision regarding prevention of criminal misconduct.
Results: Defeated 3-7.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENT MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Boucher (VA)/Pence (IN): The amendment provides the
shield can be pierced to prevent or identify the perpetrator of
a terrorist attack or harm to national security. It also
provides that the disclosure of a leaker's identity can be
compelled in cases involving leaks of properly classified
information. It also permits law enforcement to obtain an order
compelling disclosure of documents and information obtained as
the result of eyewitness observations of alleged criminal or
tortious conduct. It also limits the Act's coverage to a person
who ``regularly'' engages in the listed journalistic
activities. Finally, it adds three new exceptions to the
definition of ``covered person:'' Specially Designated Global
Terrorist, as designated by the Treasury Department; a
specially designated terrorist, as defined by federal
regulations; and a terrorist organization, as defined by
immigration law. (10 minutes)
TEXT OF AMENDMENT TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Boucher of Virginia, or
His Designee, Debatable for 10 Minutes
Page 3, line 24, strike ``to prevent'' and insert ``to
prevent, or to identify any perpetrator of,''.
Page 4, line 6, strike ``or''.
Page 4, line 22, strike ``and'' and insert ``or''.
Page 4, after line 22, insert the following:
(D)(i) disclosure of the identity of such a
source is essential to identify in a criminal
investigation or prosecution a person who
without authorization disclosed properly
classified information and who at the time of
such disclosure had authorized access to such
information; and
(ii) such unauthorized disclosure has caused
or will cause significant and articulable harm
to the national security; and
Page 5, after line 19, insert the following:
(d) Exception Relating to Criminal or Tortious Conduct.--The
provisions of this section shall not prohibit or otherwise
limit a Federal entity in any matter arising under Federal law
from compelling a covered person to disclose any information,
record, document, or item obtained as the result of the
eyewitness observation by the covered person of alleged
criminal conduct or as the result of the commission of alleged
criminal or tortious conduct by the covered person, including
any physical evidence or visual or audio recording of the
conduct, if a Federal court determines that the party seeking
to compel such disclosure has exhausted all other reasonable
efforts to obtain the information, record, document, or item,
respectively, from alternative sources. The previous sentence
shall not apply, and subsections (a) and (b) shall apply, in
the case that the alleged criminal conduct observed by the
covered person or the alleged criminal or tortious conduct
committed by the covered person is the act of transmitting or
communicating the information, record, document, or item sought
for disclosure.
Page 7, strike lines 14 through 18 and insert the following:
(2) Covered person.--The term ``covered person''
means a person who regularly gathers, prepares,
collects, photographs, records, writes, edits, reports,
or publishes news or information that concerns local,
national, or international events or other matters of
public interest for dissemination to the public for a
substantial portion of the person's livelihood or for
substantial financial gain and includes a supervisor,
employer, parent, subsidiary, or affiliate of such
covered person. Such term shall not include--
Page 7, line 22, strike ``or''.
Page 7, line 26, strike the period and insert a semi-colon.
Page 7, after line 26, insert the following:
(C) any person included on the Annex to
Executive Order 13224, of September 23, 2001,
and any other person identified under section 1
of that Executive order whose property and
interests in property are blocked by that
section;
(D) any person who is a specially designated
terrorist, as that term is defined in section
595.311 of title 31, Code of Federal
Regulations (or any successor thereto); or
(E) any terrorist organization, as that term
is defined in section 212(a)(3)(B)(vi)(II) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).