Free Flow of Information Act of 2007

3.0.0 2102 2023-01-11T15:48:00Z 2023-01-11T20:25:42Z House H HR 2007-05-02 110 hsju00 Judiciary Committee House Standing Reported by 2007-10-10T16:51:10Z Markup by 2007-08-01T16:44:42Z Hearings by 2007-06-14T15:12:30Z Referred to 2007-05-02T14:00:10Z H. Rept. 110-370 Free Flow of Information Act of 2007 110 1267 S 2007-05-02 Read twice and referred to the Committee on the Judiciary. Identical bill CRS Free Flow of Information Act of 2007 110 2035 S 2008-07-30 Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7721) Companion bill Senate Related bill House 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. 110 742 HRES 2007-10-16 Motion to reconsider laid on the table Agreed to without objection. 13:39:15 Procedurally-related House 2007-10-18 Senate Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 428. Calendars 2007-10-17 Senate Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. Calendars 2007-10-16 17:35:54 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2007-10-16 17:35:53 On passage Passed by recorded vote: 398 - 21 (Roll no. 973). Floor H37100 2 House floor actions 973 https://clerk.house.gov/evs/2007/roll973.xml House 110 2007-10-16T21:35:53Z 1 2007-10-16 17:35:53 Passed/agreed to in House: On passage Passed by recorded vote: 398 - 21 (Roll no. 973). Floor 8000 9 Library of Congress 973 https://clerk.house.gov/evs/2007/roll973.xml House 110 2007-10-16T21:35:53Z 1 2007-10-16 17:27:12 On motion to recommit with instructions Agreed to by the Yeas and Nays: 388 - 33 (Roll no. 972). (text: CR H11601) Floor H36110 2 House floor actions hsju00 Judiciary Committee 972 https://clerk.house.gov/evs/2007/roll972.xml House 110 2007-10-16T21:27:12Z 1 2007-10-16 17:03:17 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H11601-11602; text: CR H11601) Floor H8A000 2 House floor actions 2007-10-16 16:55:34 DEBATE - The House proceeded with 10 minutes of debate on the Smith (TX) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment regarding authority to consider national security interest. Floor H8D000 2 House floor actions 2007-10-16 16:55:13 Mr. Smith (TX) moved to recommit with instructions to Judiciary. Floor H36100 2 House floor actions hsju00 Judiciary Committee 2007-10-16 16:54:59 The previous question was ordered pursuant to the rule. (consideration: CR H11601) Floor H35000 2 House floor actions 2007-10-16 16:47:23 DEBATE - Pursuant to the provisions of H.Res. 742, the House proceeded with 10 minutes of debate on the Boucher amendment. Floor H8D000 2 House floor actions 2007-10-16 15:41:34 DEBATE - The House proceeded with one hour of debate on H.R. 2102. Floor H8D000 2 House floor actions 2007-10-16 15:39:33 Rule provides for consideration of H.R. 2102 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. Floor H8D000 2 House floor actions 2007-10-16 15:39:28 Considered under the provisions of rule H. Res. 742. (consideration: CR H11587-11603; text of measure as introduced: CR H11587-11588; text of measure as reported in House: CR H11588-11589) Floor H30000 2 House floor actions 2007-10-16 13:39:14 Rule H. Res. 742 passed House. Floor H1L220 2 House floor actions 2007-10-15 20:11:03 Rules Committee Resolution H. Res. 742 Reported to House. Rule provides for consideration of H.R. 2102 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. Floor H1L210 2 House floor actions 2007-10-10 Placed on the Union Calendar, Calendar No. 229. Calendars H12410 2 House floor actions U00229 2007-10-10 Reported (Amended) by the Committee on Judiciary. H. Rept. 110-370. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2007-10-10 Reported (Amended) by the Committee on Judiciary. H. Rept. 110-370. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2007-08-01 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported (Amended) by Voice Vote. Committee 2007-08-01 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2007-06-14 hsju00 Judiciary Committee 1 House committee actions Committee Hearings Held. Committee 2007-05-02 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2007-05-02 Introduced in House IntroReferral Intro-H 9 Library of Congress 2007-05-02 Introduced in House IntroReferral 1000 9 Library of Congress B000657 Rep. Boucher, Rick [D-VA-9] RICK BOUCHER D VA 9 N P000587 Rep. Pence, Mike [R-IN-6] MIKE PENCE R IN 6 2007-05-02 True C000714 Rep. Conyers, John, Jr. [D-MI-14] JOHN CONYERS D MI 14 2007-05-02 True C000556 Rep. Coble, Howard [R-NC-6] HOWARD COBLE R NC 6 2007-05-02 True Y000062 Rep. Yarmuth, John A. [D-KY-3] John Yarmuth D KY A. 3 2007-05-02 True W000791 Rep. Walden, Greg [R-OR-2] GREG WALDEN R OR 2 2007-05-02 True F000444 Rep. Flake, Jeff [R-AZ-6] JEFF FLAKE R AZ 6 2007-05-09 False F000452 Resident Commissioner Fortuno, Luis G. [R-PR-At Large] Luis Fortuno R PR G. 0 2007-05-09 False S001144 Rep. Shays, Christopher [R-CT-4] CHRISTOPHER SHAYS R CT 4 2007-05-09 False U000039 Rep. Udall, Tom [D-NM-3] TOM UDALL D NM 3 2007-05-09 False J000032 Rep. Jackson-Lee, Sheila [D-TX-18] SHEILA JACKSON-LEE D TX 18 2007-05-09 False C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2007-05-09 False P000592 Rep. Poe, Ted [R-TX-2] Ted Poe R TX 2 2007-05-09 False B001231 Rep. Berkley, Shelley [D-NV-1] SHELLEY BERKLEY D NV 1 2007-05-09 False E000287 Rep. Emanuel, Rahm [D-IL-5] Rahm Emanuel D IL 5 2007-05-09 False M001155 Rep. Mack, Connie [R-FL-14] Connie Mack R FL 14 2007-05-09 False T000326 Rep. Towns, Edolphus [D-NY-10] EDOLPHUS TOWNS D NY 10 2007-05-17 False L000557 Rep. Larson, John B. [D-CT-1] JOHN LARSON D CT B. 1 2007-05-17 False D000216 Rep. DeLauro, Rosa L. [D-CT-3] ROSA DELAURO D CT 3 2007-05-17 False G000544 Rep. Gonzalez, Charles A. [D-TX-20] CHARLES GONZALEZ D TX A. 20 2007-05-17 False B001230 Rep. Baldwin, Tammy [D-WI-2] Tammy Baldwin D WI 2 2007-05-17 False E000215 Rep. Eshoo, Anna G. [D-CA-14] ANNA ESHOO D CA G. 14 2007-05-17 False C001036 Rep. Capps, Lois [D-CA-23] LOIS CAPPS D CA 23 2007-05-17 False C001066 Rep. Castor, Kathy [D-FL-11] Kathy Castor D FL 11 2007-05-17 False R000004 Rep. Radanovich, George [R-CA-19] GEORGE RADANOVICH R CA P. 19 2007-05-17 False P000586 Rep. Putnam, Adam H. [R-FL-12] ADAM PUTNAM R FL H. 12 2007-05-23 False M001147 Rep. McCotter, Thaddeus G. [R-MI-11] Thaddeus McCotter R MI G. 11 2007-05-23 False B000574 Rep. Blumenauer, Earl [D-OR-3] EARL BLUMENAUER D OR 3 2007-05-23 False U000031 Rep. Upton, Fred [R-MI-6] FRED UPTON R MI 6 2007-05-24 False F000443 Rep. Ferguson, Mike [R-NJ-7] MIKE FERGUSON R NJ 7 2007-05-24 False W000099 Rep. Walsh, James T. [R-NY-25] JAMES WALSH R NY T. 25 2007-05-24 False R000569 Rep. Reynolds, Thomas M. [R-NY-26] THOMAS REYNOLDS R NY M. 26 2007-06-07 False L000397 Rep. Lofgren, Zoe [D-CA-16] ZOE LOFGREN D CA 16 2007-06-07 False G000410 Rep. Green, Gene [D-TX-29] GENE GREEN D TX 29 2007-06-07 False G000535 Rep. Gutierrez, Luis V. [D-IL-4] LUIS GUTIERREZ D IL V. 4 2007-06-07 False C001069 Rep. Courtney, Joe [D-CT-2] Joe Courtney D CT 2 2007-06-07 False W000798 Rep. Walberg, Timothy [R-MI-7] Timothy Walberg R MI 7 2007-06-13 False R000576 Rep. Ruppersberger, C. A. Dutch [D-MD-2] C. A. Ruppersberger D MD Dutch 2 2007-06-13 False K000113 Rep. Kennedy, Patrick J. [D-RI-1] PATRICK KENNEDY D RI J. 1 2007-06-13 False M001169 Rep. Murphy, Christopher [D-CT-5] Christopher Murphy D CT S. 5 2007-06-13 False L000043 Rep. Lampson, Nick [D-TX-22] NICK LAMPSON D TX 22 2007-06-13 False M001137 Rep. Meeks, Gregory W. [D-NY-6] GREGORY MEEKS D NY W. 6 2007-06-13 False R000462 Rep. Rothman, Steven R. [D-NJ-9] STEVEN ROTHMAN D NJ R. 9 2007-06-13 False B001251 Rep. Butterfield, G. K. [D-NC-1] G. K. Butterfield D NC 1 2007-06-13 False O000107 Rep. Ortiz, Solomon P. [D-TX-27] SOLOMON ORTIZ D TX P. 27 2007-06-13 False D000210 Rep. Delahunt, William D. [D-MA-10] William Delahunt D MA D. 10 2007-06-15 False P000034 Rep. Pallone, Frank, Jr. [D-NJ-6] FRANK PALLONE D NJ 6 2007-06-15 False G000553 Rep. Green, Al [D-TX-9] Al Green D TX 9 2007-06-15 False H000324 Rep. Hastings, Alcee L. [D-FL-23] ALCEE HASTINGS D FL L. 23 2007-06-28 False D000327 Rep. Dicks, Norman D. [D-WA-6] NORMAN DICKS D WA 6 2007-06-28 False N000147 Del. Norton, Eleanor Holmes [D-DC-At Large] ELEANOR NORTON D DC HOLMES 0 2007-06-28 False W000314 Rep. Wexler, Robert [D-FL-19] ROBERT WEXLER D FL 19 2007-06-28 False M001157 Rep. McCaul, Michael T. [R-TX-10] Michael McCaul R TX T. 10 2007-06-28 False R000570 Rep. Ryan, Paul [R-WI-1] PAUL RYAN R WI 1 2007-06-28 False P000149 Rep. Payne, Donald M. [D-NJ-10] DONALD PAYNE D NJ M. 10 2007-06-28 False W000672 Rep. Wolf, Frank R. [R-VA-10] FRANK WOLF R VA R. 10 2007-06-28 False S001145 Rep. Schakowsky, Janice D. [D-IL-9] JANICE SCHAKOWSKY D IL D. 9 2007-07-11 False N000179 Rep. Napolitano, Grace F. [D-CA-38] GRACE NAPOLITANO D CA F. 38 2007-07-11 False F000453 Rep. Fallin, Mary [R-OK-5] Mary Fallin R OK 5 2007-07-11 False E000187 Rep. English, Phil [R-PA-3] PHIL ENGLISH R PA 3 2007-07-11 False D000482 Rep. Doyle, Michael F. [D-PA-14] MIKE DOYLE D PA 14 2007-07-11 False W000797 Rep. Wasserman Schultz, Debbie [D-FL-20] Debbie Wasserman Schultz D FL 20 2007-07-11 False G000548 Rep. Garrett, Scott [R-NJ-5] Scott Garrett R NJ 5 2007-07-11 False C001060 Rep. Carnahan, Russ [D-MO-3] Russ Carnahan D MO 3 2007-07-18 False L000293 Rep. Lewis, Ron [R-KY-2] RON LEWIS R KY 2 2007-07-18 False P000585 Rep. Platts, Todd Russell [R-PA-19] TODD PLATTS R PA RUSSELL 19 2007-07-18 False C000984 Rep. Cummings, Elijah E. [D-MD-7] ELIJAH CUMMINGS D MD E. 7 2007-07-18 False W000794 Rep. Watson, Diane E. [D-CA-33] Diane Watson D CA E. 33 2007-07-18 False C000754 Rep. Cooper, Jim [D-TN-5] JAMES COOPER D TN H. 5 2007-07-26 False K000364 Rep. Kuhl, John R. "Randy", Jr. [R-NY-29] John Kuhl R NY R. "Randy" 29 2007-07-26 False W000793 Rep. Wu, David [D-OR-1] DAVID WU D OR 1 2007-08-03 False B000575 Rep. Blunt, Roy [R-MO-7] ROY BLUNT R MO 7 2007-08-03 False 2007-09-05T04:00:00Z H.R. 2102, Free Flow of Information Act of 2007 http://www.cbo.gov/publication/19127 <p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on August 2, 2007</p> 2007-09-05T04:00:00Z H.R. 2102, Free Flow of Information Act of 2007 https://www.cbo.gov/publication/19127 Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on August 2, 2007 Law Arts, Culture, Religion Authors and authorship Business records Civil Rights and Liberties, Minority Issues Commerce Confidential communications Crime and Law Enforcement Criminal investigation Criminal procedure Discovery (Law) Evidence (Law) Freedom of the press Government Operations and Politics Informers Journalism Journalistic ethics Newspapers Periodicals Press Prosecution Radio stations Science, Technology, Communications Subpoena Television stations Witnesses Law

00 2007-05-02 Introduced in House 2007-10-30T19:18:20Z Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence.

Requires the content of compelled testimony or documents to be limited and narrowly tailored.

Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.

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36 2007-10-16 Passed House amended 2007-10-30T16:35:28Z Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations: (1) relating to exhaustion of alternative sources, (2) that the testimony or document sought is critical; (3) that disclosure of the information source's identity is necessary; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security.

Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals.

Requires the content of compelled testimony or documents to be limited and narrowly tailored.

Prohibits construing this Act as applying to civil defamation, slander, or libel claims or defenses under state law.

Exempts certain criminal or tortious conduct.

(Sec. 3) Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.

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Free Flow of Information Act of 2007 Display Title Free Flow of Information Act of 2007 Official Title as Introduced 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. Introduced in House IH Short Titles as Introduced Free Flow of Information Act of 2007 Short Titles as Reported to House Free Flow of Information Act of 2007 H House Short Titles as Passed House Free Flow of Information Act of 2007 H House 854 110 HAMDT Amendment establishes authority for a court to consider the extent of any harm to national security. 2022-02-03T05:22:57Z 2007-10-16 On agreeing to the Conyers amendment (A004) Agreed to by voice vote. 17:28:11 C000714 Rep. Conyers, John, Jr. [D-MI-14] JOHN CONYERS D MI 14 2007-10-16T04:00:00Z House of Representatives 110 HR House H 2102 Free Flow of Information Act of 2007 2023-01-11T20:25:42Z 7 2007-10-16 17:28:11 On agreeing to the Conyers amendment (A004) Agreed to by voice vote. Floor H34111 2 House floor actions 2007-10-16 17:27:50 Amendment (A004) offered by Mr. Conyers. (consideration: CR H11602-11603; text: CR H11602) Floor H3A100 2 House floor actions 2007-10-16 17:27:50 House amendment offered/reported by : Amendment (A004) offered by Mr. Conyers.(consideration: CR H11602-11603; text: CR H11602) NotUsed 71500 9 Library of Congress 2007-10-16 17:28:11 House amendment agreed to: On agreeing to the Conyers amendment (A004) Agreed to by voice vote. Floor 72000 9 Library of Congress 2007-10-16 House amendment offered Floor 71000 9 Library of Congress 2007-10-16 17:28:11 Amendment agreed to by House: On agreeing to the Conyers amendment (A004) Agreed to by voice vote. NotUsed 79000 9 Library of Congress 853 110 HAMDT Amendment provides that the shield can be pierced to prevent or identify the perpetrator of a terrorist attack or harm to national security and also provides that the disclosure of a leaker's identity can be compelled in cases involving leaks of properly classified information. An amendment numbered 1 printed in House Report 110-370 to provide the shiel 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 regualtions; and a terrorist organization, as defined by immigration law. 2022-02-03T05:22:57Z 2007-10-16 On agreeing to the Boucher amendment (A003) Agreed to by voice vote. 16:54:05 B000657 Rep. Boucher, Rick [D-VA-9] RICK BOUCHER D VA 9 2007-10-16T04:00:00Z House of Representatives 110 HR House H 2102 Free Flow of Information Act of 2007 2023-01-11T20:25:42Z House Report 110-370 https://www.congress.gov/congressional-report/110th-congress/house-report/370 7 2007-10-16 16:54:05 On agreeing to the Boucher amendment (A003) Agreed to by voice vote. Floor H34111 2 House floor actions 2007-10-16 16:47:18 Amendment (A003) offered by Mr. Boucher. (consideration: CR H11599-11601; text: CR H11599-11600) Floor H3A100 2 House floor actions 2007-10-16 16:47:18 House amendment offered/reported by : Amendment (A003) offered by Mr. Boucher.(consideration: CR H11599-11601; text: CR H11599-11600) NotUsed 71500 9 Library of Congress 2007-10-16 16:54:05 Amendment agreed to by House: On agreeing to the Boucher amendment (A003) Agreed to by voice vote. NotUsed 79000 9 Library of Congress 2007-10-16 16:54:05 House amendment agreed to: On agreeing to the Boucher amendment (A003) Agreed to by voice vote. Floor 72000 9 Library of Congress 2007-10-16 House amendment offered Floor 71000 9 Library of Congress 852 110 HAMDT An amendment in the nature of a substitute made in order as original text for further amendment is considered adopted. An amendment in the nature of a substitute made in order as original text for further amendment is considered adopted. 2022-02-03T05:22:57Z Rules Committee 2007-10-16T04:00:00Z House of Representatives 110 HR House H 2102 Free Flow of Information Act of 2007 2023-01-11T20:25:42Z 2 2007-10-16 House amendment offered Floor 71000 9 Library of Congress Placed on Calendar Senate 2007-10-18T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110hr2102pcs/xml/BILLS-110hr2102pcs.xml Engrossed in House 2007-10-16T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110hr2102eh/xml/BILLS-110hr2102eh.xml Reported in House 2007-10-10T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110hr2102rh/xml/BILLS-110hr2102rh.xml Introduced in House 2007-05-02T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110hr2102ih/xml/BILLS-110hr2102ih.xml 2007-10-18 Read the second time. Placed on Senate Legislative Calendar under General Orders. 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