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Oct 12, 2007

Summary and Text of Amendments to H.R. 2102 - Free Flow of Information Act of 2007

 

Summary of Amendments Submitted to the Rules Committee for
H.R. 2102 - Free Flow of Information Act of 2007

Listed in Alphabetical Order

October 15, 2007 3:05 PM

 

 *select the name of the amendment sponsor to retrieve amendment text in .pdf format.

Boucher (VA)/Pence (IN) 

 

 

 

#1

(REVISED) 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.

 

Smith, Lamar (TX)

 

 

 

 

 

 

 

#2

The amendment 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 obtained 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.