Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
- Bill Number
- H.R. 7930
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-03-12: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-17T19:06:02Z
AI-Generated Summary
Summary of H.R. 7930: Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
Purpose
The bill aims to reform parts of the Espionage Act (sections 793 and 798 of title 18, U.S. Code) by raising the required level of intent (mens rea, meaning "guilty mind" or purposeful wrongdoing) for prosecutions. It seeks to protect whistleblowers and press freedom by making it harder to charge individuals for disclosing classified information unless they specifically intend to harm the U.S. or aid a foreign nation.
Key Provisions
- Amendments to Section 793 (Gathering, Transmitting, or Losing Defense Information):
- Replaces "intent or reason to believe" with "specific intent" in subsection (a).
- Removes "reason to believe" and limits charges to "properly classified" information; restricts applicability to "covered persons" (e.g., those with official access, nondisclosure agreements, and authorization for national defense materials) or "foreign agents."
- Adds "specific intent to injure the United States or advantage any foreign nation" after "willfully" in subsections (d) and (e).
- Defines "covered person" (authorized personnel with clearances and NDAs) and "foreign agent" (based on Foreign Intelligence Surveillance Act, excluding agents of certain U.S. allies).
- Amendments to Section 798 (Disclosure of Classified Information):
- Adds "specific intent to injure the United States or advantage any foreign nation" after "knowingly and willfully."
- Limits to "covered persons."
- New Sections 799A and 799B (Testimony of Purpose and Affirmative Defense):
- Allows defendants charged under 793 or 798 to testify about their purpose.
- Provides an affirmative defense (a claim the defendant must prove) if the disclosure was to the public about violations of law/Constitution/treaties, or gross mismanagement, waste, abuse of authority, or dangers to public health/safety.
Significant Changes to Existing Law
- Higher Intent Threshold: Shifts from broader standards like "reason to believe" or "willfully" alone to "specific intent" to harm the U.S. or aid foreign nations, narrowing prosecutable conduct.
- Scope Limitations: Applies only to "covered persons" or "foreign agents"; requires information to be "properly classified."
- Defenses Added: Introduces rights to testify on purpose and a new affirmative defense for public-interest disclosures, which did not exist before.
Potential Impacts
- Government Agencies: U.S. Department of Justice (DOJ) and intelligence agencies (e.g., CIA, NSA) may face fewer successful prosecutions for leaks, potentially complicating national security enforcement.
- Citizens: Protects government insiders (whistleblowers) from charges for good-faith public disclosures of wrongdoing, but offers no protection for intentional harm.
- International Relations: Excludes agents of certain allied nations from "foreign agent" definition, potentially easing tensions with partners while targeting adversaries.
- Overall: Could encourage whistleblowing on government misconduct but risk more unauthorized disclosures if perceived as a safe harbor.
Main Stakeholders Affected
- Covered Persons: Government employees/contractors with security clearances and NDAs (e.g., in defense/intelligence).
- Whistleblowers and Journalists: Gain protections for public-interest leaks.
- Federal Prosecutors (DOJ): Higher hurdles for Espionage Act cases.
- National Security Agencies: Potential challenges in deterring leaks.
- Foreign Agents: Stricter targeting of adversarial spies.
Notable Legal, Constitutional, or Political Implications
- Legal: Raises prosecution bar, aligning Espionage Act more closely with modern intent standards; affirmative defense shifts some burden to defendants but promotes transparency.
- Constitutional: Supports First Amendment free speech/press rights for whistleblowers (echoing cases like Pentagon Papers/Ellsberg), potentially reducing overbroad applications.
- Political: Named for Daniel Ellsberg (Pentagon Papers leaker); may spark debate on balancing security vs. accountability, with risks of perceived weakening of anti-espionage tools.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Lee, Summer L. [D-PA-12], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Omar, Ilhan [D-MN-5], Rep. Ramirez, Delia C. [D-IL-3], Rep. Thanedar, Shri [D-MI-13], Rep. McGovern, James P. [D-MA-2]
Recent Actions
- 2026-03-12: Referred to the House Committee on the Judiciary.
- 2026-03-12: Introduced in House
- 2026-03-12: Introduced in House
Bill Versions
- Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026 — issued 2026-03-12 — PDF (6 pages)