Free Flow of Information Act of 2009
Latest action · Apr 1, 2009 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 11, 2009
- Passed HouseMar 31, 2009
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Free Flow of Information Act of 2009 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security.
Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals.
Requires the content of compelled testimony or documents to be limited and narrowly tailored.
Prohibits this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law.
Exempts certain criminal or tortious conduct.
Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
Cosponsors 50
Members who signed on, in the order they did. Signatures ran from Feb 11, 2009 to Mar 25, 2009; 38 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-FL | Adam H. Putnam | Original | Feb 11, 2009 |
| D-CA | Anna G. Eshoo | Original | Feb 11, 2009 |
| D-NY | Anthony D. Weiner | Original | Feb 11, 2009 |
| D-CA | Barbara Lee | Original | Feb 11, 2009 |
| D-MA | Bill Delahunt | Original | Feb 11, 2009 |
| R-VA | Bob Goodlatte | Original | Feb 11, 2009 |
| D-TX | Charles A. Gonzalez | Original | Feb 11, 2009 |
| D-CT | Christopher Murphy | Original | Feb 11, 2009 |
| R-FL | Connie Mack | Original | Feb 11, 2009 |
| D-OR | David Wu | Original | Feb 11, 2009 |
| D-FL | Debbie Wasserman Schultz | Original | Feb 11, 2009 |
| R-MT | Denny Rehberg | Original | Feb 11, 2009 |
| D-NJ | Donald M. Payne | Original | Feb 11, 2009 |
| D-DC | Eleanor Holmes Norton | Original | Feb 11, 2009 |
| R-VA | Frank R. Wolf | Original | Feb 11, 2009 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Feb 11, 2009Markup Mar 25, 2009Reported Mar 30, 2009 |
| Senate | Judiciary Committee | Referred Apr 1, 2009 |
Actions 13
Everything that happened, newest first.
- Apr 1, 2009Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Mar 31, 2009Mr. Conyers moved to suspend the rules and pass the bill.
- Mar 31, 2009Considered under suspension of the rules. (consideration: CR H4204-4209)
- Mar 31, 2009DEBATE - The House proceeded with forty minutes of debate on H.R. 985.
- Mar 31, 2009Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4204-4205)
- Mar 31, 2009Motion to reconsider laid on the table Agreed to without objection.
- Mar 30, 2009Reported by the Committee on Judiciary. H. Rept. 111-61.
- Mar 30, 2009Placed on the Union Calendar, Calendar No. 26.
- Mar 25, 2009Committee Consideration and Mark-up Session Held.
- Mar 25, 2009Ordered to be Reported by Voice Vote.
- Feb 11, 2009Introduced in House
- Feb 11, 2009Sponsor introductory remarks on measure. (CR E242-243)
- Feb 11, 2009Referred to the House Committee on the Judiciary.
In the Congressional Record 5
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S4996 | Patrick J. Leahy D-VT | Apr 30, 2009 |
| Extensions | Debate and remarks E853 | John Conyers, Jr. D-MI | Apr 2, 2009 |
| Extensions | Debate and remarks E844 | Sheila Jackson Lee D-TX | Apr 1, 2009 |
| House | Debate and remarks H4204–H4209Text printed H4204 | Bob Goodlatte R-VA, David Wu D-OR, John A. Yarmuth D-KY, John Conyers, Jr. D-MI, Lamar Smith R-TX, Mike Pence R-IN, Nancy Pelosi D-CA, Rick Boucher D-VA, Steve King R-IA, Ted Poe R-TX | Mar 31, 2009 |
| Extensions | Debate and remarks E242, E244 | Mike Pence R-IN, Rick Boucher D-VA | Feb 11, 2009 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Mar 27, 2009H.R. 985, Free Flow of Information Act of 2009<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on March 25, 2009</p>
- Mar 27, 2009H.R. 985, Free Flow of Information Act of 2009Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on March 25, 2009
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 111-299 | S. 372243 pages | Homeland Security and Governmental Affairs Committee | Jun 11, 2009 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Free Flow of Information Act of 2009
- Short Titles as Reported to House
- Free Flow of Information Act of 2009
- Short Titles as Passed House
- Free Flow of Information Act of 2009
Subjects
Assigned by the Library of Congress. Policy area: Law.
- Art, artists, authorship
- Business records
- Criminal investigation, prosecution, interrogation
- Evidence and witnesses
- First Amendment rights
- Health information and medical records
- Internet and video services
- Internet, web applications, social media
- Law
- News media and reporting
- Right of privacy
- Terrorism
- Trade secrets and economic espionage
Text 4
Each version as it was printed, newest first.
- Apr 1, 2009Referred in Senate
- Mar 31, 2009Engrossed in House
- Mar 30, 2009Reported in House
- Feb 11, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
