Free Flow of Information Act of 2009
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 225.
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 with the power to issue a subpoena or other compulsory process), in any proceeding or in connection with any issue arising under federal law, from compelling a covered person to disclose protected information, unless a federal court in the jurisdiction where the compulsory process has been or would be issued determines, after providing notice and an opportunity for the covered person to be heard, that all reasonable alternative sources have been exhausted and that separate specified conditions have been met depending on whether the matter is a criminal investigation or prosecution.
Defines a "covered person" as a person (including a supervisor, employer, parent company, subsidiary, or affiliate of such person) who:
with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning matters of public interest, regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes on such matters by conducting interviews, making direct observations of events, or collecting, reviewing, or analyzing original writings, statements, transcripts, photographs, recordings, tapes, data, or other information;
has such intent at the inception of the process of gathering the news or information sought; and
obtains such news or information to disseminate by print, broadcasting, mechanical, photographic, electronic, or other means.
Excludes from the definition of covered person foreign powers and their agents, members or affiliates of foreign terrorist organizations, specially designated global terrorists, and other organizations and people who are reasonably likely to commit, attempt, or provide support for terrorism.
Defines "protected information" as:
information identifying a source who provided information under a promise or agreement of confidentiality made by a covered person as part of engaging in journalism; or
any records, contents of a communication, documents, or information that a covered person obtained or created as part of engaging in journalism and upon a promise or agreement of confidentiality.
The summary continues for 15 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate with amendment(s)" stage on December 11, 2009. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on December 11, 2009: Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 111th Congress (2009-10), 383 of the 10,778 bills and joint resolutions introduced became law, about 3.6 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
ARLEN SPECTER (R-PA) introduced it on February 13, 2009, and 15 members have since signed on as cosponsors.
They come from both major parties: 11 Democrats, 3 Republicans, 1 independent.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 13, 2009, 6418 days ago. The most recent recorded action was 6117 days ago, on December 11, 2009.
Measures do not carry over. Anything the 111th Congress has not finished by January 3, 2011 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers