69–008 

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 


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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; DiazBalart—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; DiazBalart—Yea; Hastings (WA)—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENT MADE IN ORDER

(Summaries derived from information provided by sponsors.) 


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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 


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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)). 

Æ 


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