H.Res. 742: H.R. 2102 - Free Flow of Information Act of 2007

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday October 15, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 222 - 194 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 224 - 196 on Tuesday, October 16, 2007.

MANAGERS:  SLAUGHTER/DIAZ-BALART, LINCOLN

110th Congress 
1st Session

H.RES. 742

[Report No. 110-383]

 

H.R. 2102 – Free Flow of Information Act of 2007

 

  1. Structured rule.
  1. Provides one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.
  1. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  1. Provides that 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.  The bill, as amended, shall be considered as read.
  1. Waives all points of order against provisions of the bill, as amended.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure). 
  1. Provides that the amendment printed in the Rules Committee report shall be in order if offered by Rep. Boucher or his designee.
  1. Provides that the amendment made in order shall not be subject to 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.
  1. Waives all points of order against the amendment printed in the Rules Committee report except those arising under clause 9 or 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  1. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill in the House to a time designated by the Speaker.

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RESOLUTION

            Resolved, That upon the adoption of this resolution it shall be in order to consider in the House 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.  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.  The bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; (2) the amendment printed in the report of the Committee on Rules, if offered by Representative Boucher of Virginia or his designee, which shall be in order without intervention of any point of order (except those arising under clause 9 or 10 of rule XXI) or demand for division of the question, shall be considered as read, and shall be separately debatable for ten minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

            Sec. 2.  During consideration of H.R. 2102 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

 

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)