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.

1. 1

   Change 1: Replaces “to prevent” with “to prevent, or to identify any perpetrator of,”

   ReplacesPage 3, line 24Printed page

   [struck: to prevent][inserted: to prevent, or to identify any perpetrator of,]

   Original wording

   Page 3, line 24, strike “to prevent” and insert “to prevent, or to identify any perpetrator of,”.

2. 2

   Change 2: Strikes “or”

   StrikesPage 4, line 6Printed page

   Struck: or

   Original wording

   Page 4, line 6, strike “or”.

3. 3

   Change 3: Replaces “and” with “or”

   ReplacesPage 4, line 22Printed page

   [struck: and][inserted: or]

   Original wording

   Page 4, line 22, strike “and” and insert “or”.

4. 4

   Change 4: Inserts new text on page 4, line 22

   InsertsPrinted page

   Inserted: (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

   Inserted: (ii) such unauthorized disclosure has caused or will cause significant and articulable harm to the national security; and

   Original wording

   Page 4, after line 22, insert the following:

5. 5

   Change 5: Inserts new text on page 5, line 19

   InsertsPrinted page

   Inserted: (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.

   Original wording

   Page 5, after line 19, insert the following:

6. 6

   Change 6: Rewrites page 7, lines 14–18

   ReplacesPrinted page

   Removes page 7, lines 14–18 of the printed bill. See that page

   Inserted: (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--

   Original wording

   Page 7, strike lines 14 through 18 and insert the following:

7. 7

   Change 7: Strikes “or”

   StrikesPage 7, line 22Printed page

   Struck: or

   Original wording

   Page 7, line 22, strike “or”.

8. 8

   Change 8: Inserts new text on page 7, line 26

   InsertsPrinted page

   Inserted: (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;

   Inserted: (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

   Inserted: (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)).

   Original wording

   Page 7, after line 26, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed