3.0.0 2932 2023-01-11T13:22:24Z 2023-01-11T13:22:24Z House H HR 2011-09-14 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. PENCE:H.R. 2932.Congress has the power to enact this legislation pursuantto the following:The Congress enacts this bill pursuant to Amendment I ofthe United States Constitution.[Page H6182]]]> hsju00 Judiciary Committee House Standing hsju10 Constitution and Limited Government Subcommittee Referred to 2011-09-23T16:56:41Z hsju03 Courts, Intellectual Property, and the Internet Subcommittee Referred to 2011-09-23T16:56:34Z Referred to 2011-09-14T14:01:40Z 2011-09-23 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution. Committee 2011-09-23 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, Commercial and Administrative Law. Committee 2011-09-14 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2011-09-14 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-09-14 Introduced in House IntroReferral 1000 9 Library of Congress P000587 Rep. Pence, Mike [R-IN-6] MIKE PENCE R IN 6 N 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 Judicial procedure and administration News media and reporting Right of privacy Terrorism Trade secrets and economic espionage Law 00 2011-09-14 Introduced in House 2011-11-07T17:58:38Z Free Flow of Information Act of 2011 - 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.

]]> Free Flow of Information Act of 2011 Display Title Free Flow of Information Act of 2011 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. Introduced in House IH Short Titles as Introduced Free Flow of Information Act of 2011 Introduced in House 2011-09-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr2932ih/xml/BILLS-112hr2932ih.xml 2011-09-23 Referred to the Subcommittee on the Constitution. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.