[House Report 110-383]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-383

======================================================================

 
  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

                                _______
                                

  October 15, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  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)).

                                  
