[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.
<all>