US Congress Senate Bill 448 (Prior Session Legislation)

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Sponsorship: Slight Partisan Bill (Democrat 12-3-1)
Status: Introduced on February 13 2009 - 25% progression, died in chamber
Action: 2009-12-11 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.
Text: Latest bill text (Introduced) [PDF]

Free Flow of Information Act of 2009 - Prohibits a federal entity from compelling a covered person (journalists and their employers, etc.) to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Creates exceptions relating to alleged criminal or tortious conduct, prevention of death, kidnapping, or substantial bodily injury, prevention of terrorist activity, or prevention of national security harm. Applies this Act to communications service providers with regard to: (1) a communication to which a covered person is a party; (2) any document relating to such a communication; or (3) the contents of such a communication. 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. Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, communication data, documents, or information obtained without a confidentiality promise.

Free Flow of Information Act of 2009

Sen. Christopher Dodd [D-CT]	Sen. Kirsten Gillibrand [D-NY]	Sen. Lindsey Graham [R-SC]	Sen. Kay Hagan [D-NC]
Sen. Johnny Isakson [R-GA]	Sen. Edward Kaufman [D-DE]	Sen. Amy Klobuchar [D-MN]	Sen. Mary Landrieu [D-LA]
Sen. Patrick Leahy [D-VT]	Sen. Richard Lugar [R-IN]	Sen. Claire McCaskill [D-MO]	Sen. Patty Murray [D-WA]
Sen. Bernard Sanders [I-VT]	Sen. Charles Schumer [D-NY]	Sen. Arlen Specter [D-PA]	Sen. Tom Udall [D-NM]

Date	Chamber	Action
2009-12-11		Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.
2009-12-11		Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
2009-12-10		Committee on the Judiciary. Ordered to be reported with amendments favorably.
2009-02-13		Read twice and referred to the Committee on the Judiciary.
2009-02-13		Sponsor introductory remarks on measure. (CR S2340-2342)

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/senate-bill/448/all-info
Text	https://www.congress.gov/111/bills/s448/BILLS-111s448is.pdf
Text	https://www.congress.gov/111/bills/s448/BILLS-111s448rs.pdf