HR 7930
Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
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Bill overview
This bill, the Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026, amends the Espionage Act to strengthen penalties for those who mishandle classified information. Specifically, it raises the legal standard for proving intent when individuals are accused of leaking defense information, requiring ‘specific intent’ rather than simply ‘intent or reason to believe.’ It also clarifies the definition of a ‘covered person’ who has access to classified information and introduces an affirmative defense allowing whistleblowers to testify about their motivations and demonstrate that disclosures were made to expose wrongdoing.
Key provisions
- Increases the legal standard for proving intent in Espionage Act violations, requiring ‘specific intent.’
- Defines ‘covered person’ as individuals with official access to classified information and a nondisclosure agreement.
- Clarifies the definition of ‘foreign agent’ for the purposes of the Foreign Intelligence Surveillance Act.
- Allows defendants charged under the Espionage Act to testify about their purpose in leaking information.
- Establishes an affirmative defense: disclosing information to expose illegal activity or government misconduct is a valid justification.
Who is affected
- Individuals with access to classified government information
- Government employees
- Whistleblowers
- Foreign governments
- National security agencies
Notable changes
- Increases the ‘mens rea’ requirement for Espionage Act violations.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 2d Session
H. R. 7930
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 18, United States Code, to increase the mens rea requirements for offenses under the Espionage Act.
This Act may be cited as the Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
.
in subsection (a), by striking with intent or reason to believe
and inserting with specific intent
;
in subsection (b)—
by striking or reason to believe
;
by inserting that has been properly classified that is
after of anything
; and
by striking Whoever
and inserting An individual who, while a covered person
;
in subsection (c)—
by inserting that has been properly classified that is
after of anything
; and
by striking Whoever
and inserting A foreign agent who
;
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
by striking Whoever
and inserting An individual who, while a covered person,
;
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
by striking Whoever
and inserting An individual who, while a covered person,
; and
covered personmeans an individual who—
receives official access to classified information granted by the United States Government;
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—
the President; or
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.
The term foreign agent
—
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)).
in subsection (a)—
by inserting after knowingly and willfully
the following: , and with specific intent to injure the United States or advantage any foreign nation,
; and
by striking Whoever
and inserting Any individual who, while a covered person,
; and
in subsection (b), by adding at the end the following:
covered personmeans an individual who—
receives official access to classified information granted by the United States Government;
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—
the President; or
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.
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.
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—
gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
The table of sections for chapter 37 of title 18, United States Code, is amended by adding at the end the following: