[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5288 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 5288

    To restore press access to the Pentagon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

Mr. Schatz (for himself, Mr. Schiff, Mrs. Shaheen, Mr. Ossoff, Mr. Van 
   Hollen, Ms. Duckworth, Mr. Kaine, Mr. Blumenthal, Ms. Warren, Mr. 
 Coons, Mr. Booker, Mr. Wyden, Mr. Merkley, and Ms. Rosen) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To restore press access to the Pentagon, and for other purposes.

    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 ``Protecting Pentagon Press Access 
Act''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to promote accurate and independent reporting about the 
        defense policy and military services of the United States by 
        restoring to credentialed journalists access to the Pentagon 
        that successive administrations permitted until 2025; and
            (2) to remove unreasonable restrictions on credentialed 
        journalists imposed by Secretary of Defense Peter Hegseth, 
        including restrictions imposed by the May 23, 2025, Secretary 
        of Defense Memorandum titled ``Updated Physical Control 
        Measures for Press/Media Access Within the Pentagon'' and the 
        October 6, 2025, Secretary of Defense Memorandum titled 
        ``Implementation of New Media In-brief''.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The Founders of the United States enshrined freedom of 
        the press in the First Amendment to the Constitution of the 
        United States because they recognized that democracy requires a 
        free and vibrant press capable of uncovering and disseminating 
        the knowledge necessary for citizens to hold the government to 
        account.
            (2) Independent journalists were invited to work from 
        inside the Pentagon before the building opened during World War 
        II because Secretary of War Henry Stimson understood the need 
        for accurate reporting on the national security efforts of the 
        United States and recognized the value to both the public and 
        leaders of the Armed Forces in providing reporters close 
        proximity to key sources of information.
            (3) Since the founding of the Department of Defense, 
        credentialed journalists have been allowed to access unsecured 
        areas of the Pentagon to conduct thorough, reliable, and timely 
        reporting.
            (4) From the earliest days of the Pentagon, the Department 
        has also provided credentialed journalists with dedicated 
        physical space, opening a combined National Defense press room 
        in 1948 and providing cubicles, desks, telephone lines, and 
        other tools for reporters to work from inside the building.
            (5) In 1972, Secretary of Defense Melvin Laird, under 
        President Richard Nixon, designated the Pentagon press space as 
        the ``Correspondents' Corridor'', and said, ``We here at the 
        Department of Defense firmly believe the government and the 
        press are interlocking parts of our nation's constitutional 
        system of checks and balances. When civilian and military 
        members of this department take the oath to support the 
        Constitution of the United States, that also, of course, 
        includes the First Amendment.''.
            (6) Robert Sims, Assistant Secretary of Defense for Public 
        Affairs for President Ronald Reagan, endorsed the view of 
        Secretary Laird and explained that effective reporting requires 
        access beyond press briefings because the ability to quickly 
        get the views of senior officials with ``significant policy 
        information'' promotes the accuracy and quality of reporting 
        from the Pentagon.
            (7) Over the course of many decades, the Department of 
        Defense had diligently worked to preserve the access of 
        reporters to the Pentagon, even during extraordinary 
        circumstances, including by ensuring reporters were able to 
        return to the Pentagon within hours of the attacks of September 
        11, 2001, and by maintaining access for reporters throughout 
        the COVID-19 pandemic.
            (8) In a policy imposed by Secretary Hegseth in 2025, the 
        Department, for the first time, restricted credentialed 
        journalists from actively ``soliciting'' unauthorized 
        information or engaging in activity the Department considers 
        ``unprofessional''.
            (9) In 2026, the Department announced a new policy that 
        would require journalists to work in an annex facility outside 
        the Pentagon, redesignated the Pentagon Press Office as a 
        secure space, and required reporters for the first time to have 
        a military escort when present anywhere within the Pentagon.
            (10) Secretary Hegseth identified no new security risk or 
        misconduct that required such a policy.
            (11) At the same time, the Department has drastically 
        curtailed formal live on-camera press briefings with 
        credentialed journalists.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) a press whose ability to investigate and publish is 
        overly constrained by government regulation is neither free nor 
        vibrant;
            (2) United States citizens have a right to better 
        understand the policies, programs, and operations being pursued 
        by the Department of Defense, the objectives of the leaders of 
        the Department, the effectiveness of such leadership, and how 
        the Department employs and deploys personnel and spends the tax 
        dollars of citizens;
            (3) press access to the Pentagon informs and serves the 
        public interests described in paragraph (2);
            (4) reliable, independent, and comprehensive reporting on 
        the Department of Defense--
                    (A) has led to policy and program changes that have 
                directly served the national interest and improved the 
                quality of life and service for members of the Armed 
                Forces;
                    (B) promotes the broad public understanding and 
                support of the Armed Forces needed to attain the 
                national security objectives of the United States; and
                    (C) requires information beyond official government 
                briefings and materials, including information 
                facilitated by the ability of reporters to work and 
                gather news inside the Pentagon; and
            (5) press access to the Pentagon is essential for 
        meaningful oversight and enables reporting that informs 
        Congress in carrying out its legislative authority, including 
        by surfacing information that serves as the basis for 
        investigative inquiries, reports, hearings, and legislation.

SEC. 5. RESTORING PENTAGON PRESS ACCESS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall--
            (1) restore to the press access to areas of the Pentagon 
        that were accessible to appropriately credentialed journalists 
        on May 22, 2025, including the ``Correspondents' Corridor'' and 
        other designated press working spaces;
            (2) restore to appropriately credentialed journalists 
        unescorted access to areas of the Pentagon that were accessible 
        without an escort on May 22, 2025;
            (3) require the Secretary to ensure the integrity of the 
        process to issue to reporters a Pentagon Facilities Alternative 
        Credential, including by--
                    (A) designating the Pentagon Force Protection 
                Agency as responsible for the security review;
                    (B) ensuring that the security review described in 
                subparagraph (A) is conducted by career officials 
                without unnecessary delays, political influence, or 
                other influence by the Office of Public Affairs of the 
                Department of Defense; and
                    (C) requiring that the security review described in 
                subparagraph (A) is timely, determinative, not subject 
                to reversal by or at the direction of political 
                appointees, and not subject to agreement with any 
                policy that seeks to restrict First Amendment 
                activities; and
            (4) prohibit any changes to press access at the Pentagon, 
        including the designation of press work spaces, access areas, 
        and press credentials, without prior consultation with the 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives.
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