H.R. 7930: Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

The bill, titled the Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026, seeks to amend the existing Espionage Act, which is part of Title 18 of the United States Code. Here is a breakdown of the key changes proposed in the bill:

1. Reform of Mens Rea Requirements

The bill aims to change the mental state required for someone to be found guilty of offenses under sections 793 and 798 of the Espionage Act. Specifically, it modifies the requirement from "intent or reason to believe" to "specific intent." This means that for a conviction, it would need to be proven that the individual had a clear and conscious intention to harm the United States or benefit a foreign nation.

2. Definition of 'Covered Person'

The bill introduces a specific definition for "covered person," which includes any individual who:

• Receives official access to classified information from the U.S. Government,
• Signs a nondisclosure agreement regarding classified information, and
• Is granted authorization to access various types of documents and materials related to national defense.

3. Changes to Provisions on Disclosure of Classified Information

In amendments to section 798, the bill adds requirements for an individual's intent when disclosing classified information. It specifies that an individual must have acted with "specific intent to injure the United States or advantage any foreign nation." The term "covered person" is again applied in the context of these offenses.

4. New Provisions for Testimony and Affirmative Defense

The bill proposes two new sections that permit individuals accused of violations to:

• Testify regarding their purpose for engaging in the alleged prohibited conduct.
• Raise an affirmative defense. This means that if an individual can show they disclosed classified information to reveal a violation of law or a substantial danger to health or safety, it could be used as a defense against charges under sections 793 or 798.

5. Additional Definitions

Definitions include:

• Foreign Agent: Refers to individuals defined under the Foreign Intelligence Surveillance Act who act on behalf of a foreign power.

6. Technical Amendments

The bill includes clerical amendments aimed at updating the table of sections in Chapter 37 of Title 18 to reflect the new provisions introduced.

Relevant Companies

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