HR 985 · 111th Congress 2009–2011, ended

Free Flow of Information Act of 2009

Introduced Feb 11, 2009 Originated House Sponsor Rick Boucher D-VA

Fact sheet Spreadsheet

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.

  1. IntroducedFeb 11, 2009
  2. Passed HouseMar 31, 2009
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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.

SeatCosponsorSigned on
R-FLAdam H. PutnamOriginalFeb 11, 2009
D-CAAnna G. EshooOriginalFeb 11, 2009
D-NYAnthony D. WeinerOriginalFeb 11, 2009
D-CABarbara LeeOriginalFeb 11, 2009
D-MABill DelahuntOriginalFeb 11, 2009
R-VABob GoodlatteOriginalFeb 11, 2009
D-TXCharles A. GonzalezOriginalFeb 11, 2009
D-CTChristopher MurphyOriginalFeb 11, 2009
R-FLConnie MackOriginalFeb 11, 2009
D-ORDavid WuOriginalFeb 11, 2009
D-FLDebbie Wasserman SchultzOriginalFeb 11, 2009
R-MTDenny RehbergOriginalFeb 11, 2009
D-NJDonald M. PayneOriginalFeb 11, 2009
D-DCEleanor Holmes NortonOriginalFeb 11, 2009
R-VAFrank R. WolfOriginalFeb 11, 2009
R-MIFred UptonOriginalFeb 11, 2009
D-NCG. K. ButterfieldOriginalFeb 11, 2009
D-AZGabrielle GiffordsOriginalFeb 11, 2009
R-CAGeorge RadanovichOriginalFeb 11, 2009
R-ORGreg WaldenOriginalFeb 11, 2009
R-NCHoward CobleOriginalFeb 11, 2009
D-ILJanice D. SchakowskyOriginalFeb 11, 2009
D-TNJim CooperOriginalFeb 11, 2009
D-KYJohn A. YarmuthOriginalFeb 11, 2009
D-MIJohn Conyers, Jr.OriginalFeb 11, 2009
D-NYLouise McIntosh SlaughterOriginalFeb 11, 2009
D-CALynn C. WoolseyOriginalFeb 11, 2009
D-ARMarion BerryOriginalFeb 11, 2009
D-PAMichael F. DoyleOriginalFeb 11, 2009
R-TXMichael T. McCaulOriginalFeb 11, 2009
R-INMike PenceOriginalFeb 11, 2009
D-RIPatrick J. KennedyOriginalFeb 11, 2009
D-FLRobert WexlerOriginalFeb 11, 2009
R-MORoy BluntOriginalFeb 11, 2009
D-NVShelley BerkleyOriginalFeb 11, 2009
D-TNSteve CohenOriginalFeb 11, 2009
D-WITammy BaldwinOriginalFeb 11, 2009
D-CAZoe LofgrenOriginalFeb 11, 2009
D-WAJim McDermottMar 3, 2009
D-MOWm. Lacy ClayMar 12, 2009
R-NYChristopher J. LeeMar 23, 2009
D-TXEddie Bernice JohnsonMar 23, 2009
D-MNJames L. OberstarMar 23, 2009
R-TXKevin BradyMar 23, 2009
D-WIRon KindMar 23, 2009
D-TXSheila Jackson LeeMar 23, 2009
R-FLThomas J. RooneyMar 23, 2009
R-ARJohn BoozmanMar 24, 2009
R-TXTed PoeMar 24, 2009
D-NYDaniel B. MaffeiMar 25, 2009

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Feb 11, 2009Markup Mar 25, 2009Reported Mar 30, 2009
SenateJudiciary Committee
Referred Apr 1, 2009

Actions 13

Everything that happened, newest first.

  1. Apr 1, 2009Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Mar 31, 2009Mr. Conyers moved to suspend the rules and pass the bill.
  3. Mar 31, 2009Considered under suspension of the rules. (consideration: CR H4204-4209)
  4. Mar 31, 2009DEBATE - The House proceeded with forty minutes of debate on H.R. 985.
  5. 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)
Show all 13 actions

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.

WhereIn the RecordMembersDate
SenateDebate and remarks S4996Patrick J. Leahy D-VTApr 30, 2009
ExtensionsDebate and remarks E853John Conyers, Jr. D-MIApr 2, 2009
ExtensionsDebate and remarks E844Sheila Jackson Lee D-TXApr 1, 2009
HouseDebate and remarks H4204–H4209Text printed H4204Bob 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-TXMar 31, 2009
ExtensionsDebate and remarks E242, E244Mike Pence R-IN, Rick Boucher D-VAFeb 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

  1. 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>
  2. 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.

NumberHearingCommitteeHeld
S. Hrg. 111-299S. 372243 pagesHomeland Security and Governmental Affairs CommitteeJun 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.

Text 4

Each version as it was printed, newest first.

  1. Apr 1, 2009Referred in Senate
  2. Mar 31, 2009Engrossed in House
  3. Mar 30, 2009Reported in House
  4. Feb 11, 2009Introduced in House

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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.