Free Flow of Information Act of 2013
Latest action · Jun 14, 2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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.
- IntroducedMay 14, 2013
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Free Flow of Information Act of 2013 - 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.
Defines "covered person" as a person who, for financial gain or livelihood, is engaged in journalism, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain designated foreign terrorist organizations.
Defines "journalism" as the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.
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.
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 55
Members who signed on, in the order they did. Signatures ran from May 15, 2013 to Jul 14, 2014.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MI | John Conyers, Jr. | May 15, 2013 | |
| R-FL | Trey Radel | May 15, 2013 | |
| D-NJ | Bill Pascrell, Jr. | May 20, 2013 | |
| D-LA | Cedric L. Richmond | May 20, 2013 | |
| D-MA | Edward J. Markey | May 20, 2013 | |
| D-GA | Henry C. "Hank" Johnson, Jr. | May 20, 2013 | |
| R-NC | Howard Coble | May 20, 2013 | |
| D-NY | Jerrold Nadler | May 20, 2013 | |
| D-CA | Judy Chu | May 20, 2013 | |
| D-TX | Sheila Jackson Lee | May 20, 2013 | |
| D-TN | Steve Cohen | May 20, 2013 | |
| D-FL | Theodore E. Deutch | May 20, 2013 | |
| D-CA | Zoe Lofgren | May 20, 2013 | |
| R-TX | Blake Farenthold | May 21, 2013 | |
| D-NY | Hakeem S. Jeffries | May 21, 2013 |
Withdrew 1 Sean P. Duffy R-WI Jul 16, 2013
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred May 14, 2013 |
| Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee | Referred Jun 14, 2013 | |
| Crime and Federal Government Surveillance Subcommittee | Referred Jun 14, 2013 |
Actions 4
Everything that happened, newest first.
- Jun 14, 2013Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
- Jun 14, 2013Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
- May 14, 2013Introduced in House
- May 14, 2013Referred to the House Committee on the Judiciary.
In the Congressional Record 1
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 |
|---|---|---|---|
| House | Debate and remarks H3028 | Sheila Jackson Lee D-TX | Jun 4, 2013 |
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.
Constitutional authority
The sponsor’s statement, as printed in the page H2603.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 987 | Free Flow of Information Act of 2013 | Related bill | Nov 6, 2013 |
Titles 2
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 2013
Subjects
Assigned by the Library of Congress. Policy area: Law.
- 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
- Judicial procedure and administration
- Law
- News media and reporting
- Right of privacy
- Telephone and wireless communication
- Terrorism
- Trade secrets and economic espionage
Text 1
Each version as it was printed, newest first.
- May 14, 2013Introduced 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.