H.R. 7930

119 HR 7930 IH: Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
 U.S. House of Representatives
 2026-03-12
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 I  119th CONGRESS  2d Session  H. R. 7930  IN THE HOUSE OF REPRESENTATIVES   March 12, 2026   Ms. Tlaib  (for herself,  Mr. García of Illinois ,  Ms. Lee of Pennsylvania ,  Ms. Norton ,  Ms. Omar ,  Mrs. Ramirez , and  Mr. Thanedar ) introduced the following bill; which was referred to the  Committee on the Judiciary    A BILL
To amend title 18, United States Code, to increase the mens rea requirements for offenses under the Espionage Act.
1.
Short title
This Act may be cited as the   Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026  .
2.
Espionage Act reform
(a)
Gathering, transmitting, or losing defense information
Section 793 of title 18, United States Code, is amended—
(1)
in subsection (a), by striking  with intent or reason to believe  and inserting  with specific intent ;
(2)
in subsection (b)—
(A)
by striking  or reason to believe ;
(B)
by inserting  that has been properly classified that is  after  of anything ; and
(C)
by striking  Whoever  and inserting  An individual who, while a covered person ;
(3)
in subsection (c)—
(A)
by inserting  that has been properly classified that is  after  of anything ; and
(B)
by striking  Whoever  and inserting  A foreign agent who ;
(4)
in subsection (d)—
(A)
by inserting after  willfully  each place it appears the following:  , and with specific intent to injure the United States or advantage any foreign nation, ; and
(B)
by striking  Whoever  and inserting  An individual who, while a covered person, ;
(5)
in subsection (e)—
(A)
by inserting after  willfully  each place it appears the following:  , and with specific intent to injure the United States or advantage any foreign nation, ; and
(B)
by striking  Whoever  and inserting  An individual who, while a covered person, ; and
(6)
by adding at the end the following:
(i)
Definitions
In this section:
(1)
Covered person
The term  covered person  means an individual who—
(A)
receives official access to classified information granted by the United States Government;
(B)
signs a nondisclosure agreement with regard to such classified information; and
(C)
is authorized to receive documents, writings, code books, signal books, sketches, photographs, photographic negatives, blue prints, plans, maps, models, instruments, appliances, or notes of anything connected with the national defense by—
(i)
the President; or
(ii)
the head of a deparment or agency of the United States Government which is expressly designated by the President to engage in activities relating to the national defense.
(2)
Foreign agent
The term  foreign agent —
(A)
has the meaning given the term ‘agent of a foreign power’ under section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); and
(B)
does not include a person who is an agent of a foreign power (as so defined) with respect to a foreign power described in section 101(a)(5) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(a)(5) ).
 .
(b)
Disclosure of classified information
Section 798 of title 18, United States Code, is amended—
(1)
in subsection (a)—
(A)
by inserting after  knowingly and willfully  the following:  , and with specific intent to injure the United States or advantage any foreign nation, ; and
(B)
by striking  Whoever  and inserting  Any individual who, while a covered person, ; and
(2)
in subsection (b), by adding at the end the following:
The term  covered person  means an individual who—
(A)
receives official access to classified information granted by the United States Government;
(B)
signs a nondisclosure agreement with regard to such classified information; and
(C)
is authorized to receive documents, writings, code books, signal books, sketches, photographs, photographic negatives, blue prints, plans, maps, models, instruments, appliances, or notes of anything connected with the national defense by—
(i)
the President; or
(ii)
the head of a deparment or agency of the United States Government which is expressly designated by the President to engage in activities relating to the national defense.
 .
(c)
Testimony of purpose
(1)
In general
 Chapter 37  of title 18, United States Code, is amended by adding at the end the following:
799A.
Testimony of purpose
A defendant charged with an offense under section 793 or 798 shall be permitted to testify about their purpose for engaging in the prohibited conduct.
799B.
Affirmative defense
It is an affirmative defense to a charge under section 793 or 798 that the defendant engaged in the prohibited conduct for the purpose of disclosing to the public—
(1)
any violation of any law, rule, or regulation, including any obligation under the Constitution, a treaty or customary international law (including international human rights law and international humanitarian law); or
(2)
gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
 .
(2)
Clerical amendment
The table of sections for  chapter 37  of title 18, United States Code, is amended by adding at the end the following:
799A. Testimony of purpose.
799B. Affirmative defense.
  .