What does ESPIONAGE ACT REFORM. of Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026 do?

This section amends the Espionage Act (18 U.S.C. § 793) to require 'specific intent' for offenses related to gathering, transmitting, or losing defense information. The amendments to § 793 define 'covered person' as an individual with official access to classified information, a related nondisclosure agreement, and authorization to receive specific defense-related materials. Section 798, concerning the disclosure of classified information, is also amended to require 'specific intent' and introduces the 'covered person' definition. A new section 799A allows defendants charged under § 793 or § 798 to testify about their purpose for engaging in the prohibited conduct. Section 799B establishes an affirmative defense for charges under § 793 or § 798 if the defendant engaged in the prohibited conduct to disclose violations of law, gross mismanagement, waste of funds, abuse of authority, or dangers to public health or safety. The term 'foreign agent' is defined based on the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. § 1801), excluding certain agents of foreign powers.

Back to bills

Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

Q: What does Preamble of Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026 do?

This bill proposes to amend Title 18, United States Code, specifically concerning offenses under the Espionage Act. The proposed amendment aims to increase the mens rea requirements for these offenses.

Q: What does SHORT TITLE. of Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026 do?

This bill is formally titled the Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026.

Last updated: 3/12/2026 · Introduced: 3/12/2026

Author: Rashida Tlaib (D-MI)

TL;DR (AI)

The bill amends the Espionage Act to require defendants to have 'specific intent' when accused of mishandling defense information.
It establishes a new affirmative defense allowing individuals to argue they disclosed classified information to expose government misconduct or dangers to public safety.
The bill defines 'covered person' as someone with official access to classified information and authorization to receive specific defense-related materials, impacting who can be charged under the Espionage Act.

119th Congressin committeeOfficial page

Verified Votes

No verified votes yet.

Community Votes

No community votes yet. Be the first!

Voting as guest · Sign in for verified votes

Other Sections

Includes provisions on preamble, short title., and 1 more.

3 sections

Click "Show details" to explore individual sections. Use the community vote above or visit All Sections to vote per section.

Read official text

Want the full experience?

Create a free account to cast verified votes on each section, get a personalized summary, and track your voting history.

Create Free Account