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S. 987, Free Flow of Information Act of 2013 1 (October 30, 2013)

handle is hein.congrec/cbo11374 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE COST ESTIMATE October 30, 2013 S. 987 Free Flow of Information Act of 2013 As ordered reported by the Senate Committee on the Judiciary on September 12, 2013 S. 987 would exempt journalists from being compelled to disclose protected information (confidential sources or related records, communications, or documents) unless a court finds that a specified exception applies. Based on information provided by the Department of Justice (DOJ), CBO estimates that implementing the legislation would cost $2 million over the 2014-2017 period, subject to the availability of appropriated funds. Enacting S. 987 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. Under the legislation, journalists could be compelled to disclose protected information when at least one of the following exceptions applies: The party seeking protected information has exhausted reasonable alternative sources. In criminal investigations or prosecutions, there are reasonable grounds to believe a crime has occurred; the Attorney General has certified that the decision to request compelled disclosure is consistent with federal regulations; the sources or records sought are essential to the investigation, prosecution, or defense; and the journalist has not sufficiently shown that disclosure would be contrary to the public interest. The protected information sought is essential to the resolution of the matter, and the public interest in compelling disclosure of the information involved outweighs the public interest in gathering or disseminating news information. *The protected information was obtained during the alleged criminal conduct of the reporter. *The information sought is necessary to prevent certain actions, including death and kidnapping, among others. *The information sought would materially assist the government in preventing or mitigating an act of terrorism or other act that could harm national security.

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