[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7930 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7930
To amend title 18, United States Code, to increase the mens rea
requirements for offenses under the Espionage Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2026
Ms. Tlaib (for herself, Mr. Garcia 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Ellsberg Press Freedom and
Whistleblower Protection Act of 2026''.
SEC. 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:
``Sec. 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.
``Sec. 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.''.
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