[Congressional Record Volume 170, Number 8 (Tuesday, January 16, 2024)]
[House]
[Pages H143-H145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROTECT REPORTERS FROM EXPLOITATIVE STATE SPYING ACT

  Mr. KILEY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4250) to maintain the free flow of information to the public by 
establishing appropriate limits on the federally compelled disclosure 
of information obtained as part of engaging in journalism, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4250

       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 ``Protect Reporters from 
     Exploitative State Spying Act'' or the ``PRESS Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Covered journalist.--The term ``covered journalist'' 
     means a person who regularly gathers, prepares, collects, 
     photographs, records, writes, edits, reports, investigates, 
     or publishes news or information that concerns local, 
     national, or international events or other matters of public 
     interest for dissemination to the public.
       (2) Covered service provider.--
       (A) In general.--The term ``covered service provider'' 
     means any person that, by an electronic means, stores, 
     processes, or transmits information in order to provide a 
     service to customers of the person.
       (B) Inclusions.--The term ``covered service provider'' 
     includes--
       (i) a telecommunications carrier and a provider of an 
     information service (as such terms are defined in section 3 
     of the Communications Act of 1934 (47 U.S.C. 153));
       (ii) a provider of an interactive computer service and an 
     information content provider (as such terms are defined in 
     section 230 of the Communications Act of 1934 (47 U.S.C. 
     230));
       (iii) a provider of remote computing service (as defined in 
     section 2711 of title 18, United States Code); and
       (iv) a provider of electronic communication service (as 
     defined in section 2510 of title 18, United States Code) to 
     the public.
       (3) Document.--The term ``document'' means writings, 
     recordings, and photographs, as those terms are defined by 
     Federal Rule of Evidence 1001 (28 U.S.C. App.).
       (4) Federal entity.--The term ``Federal entity'' means an 
     entity or employee of the judicial or executive branch or an 
     administrative agency of the Federal Government with the 
     power to issue a subpoena or issue other compulsory process.
       (5) Journalism.--The term ``journalism'' means gathering, 
     preparing, collecting, photographing, recording, writing, 
     editing, reporting, investigating, or publishing news or 
     information that concerns local, national, or international 
     events or other matters of public interest for dissemination 
     to the public.
       (6) Personal account of a covered journalist.--The term 
     ``personal account of a covered journalist'' means an account 
     with a covered service provider used by a covered journalist 
     that is not provided, administered, or operated by the 
     employer of the covered journalist.
       (7) Personal technology device of a covered journalist.--
     The term ``personal technology device of a covered 
     journalist'' means a handheld communications device, laptop 
     computer, desktop computer, or other internet-connected 
     device used by a covered journalist that is not provided or 
     administered by the employer of the covered journalist.
       (8) Protected information.--The term ``protected 
     information'' means any information identifying a source who 
     provided information as part of engaging in journalism, and 
     any records, contents of a communication, documents, or 
     information that a covered journalist obtained or created as 
     part of engaging in journalism.
       (9) Specified offense against a minor.--The term 
     ``specified offense against a minor'' has the meaning given 
     that term in section 111(7) of the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20911(7)).

     SEC. 3. LIMITS ON COMPELLED DISCLOSURE FROM COVERED 
                   JOURNALISTS.

       In any matter arising under Federal law, a Federal entity 
     may not compel a covered journalist to disclose protected 
     information, unless a court in the judicial district in which 
     the subpoena or other compulsory process is, or will be, 
     issued determines by a preponderance of the evidence, after 
     providing notice and an opportunity to be heard to the 
     covered journalist, that--
       (1) disclosure of the protected information is necessary to 
     prevent, or to identify any perpetrator of, an act of 
     terrorism against the United States; or
       (2) disclosure of the protected information is necessary to 
     prevent a threat of imminent violence, significant bodily 
     harm, or death, including specified offenses against a minor.

     SEC. 4. LIMITS ON COMPELLED DISCLOSURE FROM COVERED SERVICE 
                   PROVIDERS.

       (a) Conditions for Compelled Disclosure.--In any matter 
     arising under Federal law, a Federal entity may not compel a 
     covered service provider to provide testimony or any document 
     consisting of any record, information, or other 
     communications stored by a covered provider on behalf of a 
     covered journalist, including testimony or any document 
     relating to a personal account of a covered journalist or a 
     personal technology device of a covered journalist, unless a 
     court in the judicial district in which the subpoena or other 
     compulsory process is, or will be, issued determines by a 
     preponderance of the evidence that there is a reasonable 
     threat of imminent violence unless the testimony or document 
     is provided, and issues an order authorizing the Federal 
     entity to compel the disclosure of the testimony or document.
       (b) Notice to Court.--A Federal entity seeking to compel 
     the provision of testimony or any document described in 
     subsection (a) shall inform the court that the testimony or 
     document relates to a covered journalist.
       (c) Notice to Covered Journalist and Opportunity To Be 
     Heard.--
       (1) In general.--A court may authorize a Federal entity to 
     compel the provision of testimony or a document under this 
     section only after the Federal entity seeking the testimony 
     or document provides the covered journalist on behalf of whom 
     the testimony or document is stored pursuant to subsection 
     (a)--
       (A) notice of the subpoena or other compulsory request for 
     such testimony or document from the covered service provider 
     not later than the time at which such subpoena or request is 
     issued to the covered service provider; and
       (B) an opportunity to be heard before the court before the 
     time at which the provision of the testimony or document is 
     compelled.
       (2) Exception to notice requirement.--
       (A) In general.--Notice and an opportunity to be heard 
     under paragraph (1) may be delayed for not more than 45 days 
     if the court involved determines there is clear and 
     convincing evidence that such notice would pose a clear and 
     substantial threat to the integrity of a criminal 
     investigation, or would present an imminent risk of death or 
     serious bodily harm, including specified offenses against a 
     minor.
       (B) Extensions.--The 45-day period described in 
     subparagraph (A) may be extended by the court for additional 
     periods of not more than 45 days if the court involved makes 
     a new and independent determination that there is clear and 
     convincing evidence that providing notice to the covered 
     journalist would pose a clear and substantial threat to the 
     integrity of a criminal investigation, or would present an 
     imminent risk of death or serious bodily harm, including 
     specified offenses against a minor, under current 
     circumstances.

     SEC. 5. LIMITATION ON CONTENT OF INFORMATION.

       The content of any testimony, document, or protected 
     information that is compelled under sections 3 or 4 shall--
       (1) not be overbroad, unreasonable, or oppressive, and, as 
     appropriate, be limited to the purpose of verifying published 
     information or describing any surrounding circumstances 
     relevant to the accuracy of such published information; and
       (2) be narrowly tailored in subject matter and period of 
     time covered so as to avoid compelling the production of 
     peripheral, nonessential, or speculative information.

     SEC. 6. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to--
       (1) apply to civil defamation, slander, or libel claims or 
     defenses under State law, regardless of whether or not such 
     claims or defenses, respectively, are raised in a State or 
     Federal court; or
       (2) prevent the Federal Government from pursuing an 
     investigation of a covered journalist or organization that 
     is--
       (A) suspected of committing a crime;
       (B) a witness to a crime unrelated to engaging in 
     journalism;
       (C) suspected of being an agent of a foreign power, as 
     defined in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801);
       (D) an individual or organization designated under 
     Executive Order 13224 (50 U.S.C. 1701 note; relating to 
     blocking property and prohibiting transactions with persons 
     who commit, threaten to commit, or support terrorism);
       (E) a specially designated terrorist, as that term is 
     defined in section 595.311 of title 31, Code of Federal 
     Regulations (or any successor thereto); or
       (F) a terrorist organization, as that term is defined in 
     section 212(a)(3)(B)(vi)(II) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Kiley) and the gentleman from Georgia (Mr. Johnson) 
each will control 20 minutes.

[[Page H144]]

  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. KILEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material on H.R. 4250.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. KILEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today, I am presenting bipartisan legislation to protect 
vital First Amendment freedoms from being infringed and chilled by 
overreaching government actions. I thank my colleagues across the aisle 
for their support of this issue.
  This bill prohibits the Federal Government from compelling a 
journalist to disclose documents, communications, or other information 
obtained or created as part of the journalist's job.
  Our Founders chose to enshrine the freedom of the press in the First 
Amendment of the Constitution, alongside freedom of speech and other 
fundamental freedoms, because it is a lynchpin of republican 
government. It is vital to the functioning of a free and democratic 
society.
  As James Madison said: ``A popular government without popular 
information, or the means of acquiring it, is but a prologue to a farce 
or a tragedy; or, perhaps both. . . . And a people who mean to be their 
own governors, must arm themselves with the power which knowledge 
gives.''
  Well, the most commonly understood form of potential abuse involves 
the output of a free press; that is, censorship. It is also critically 
important to protect the input; that is, the work of journalists in 
reporting on the affairs of the Nation. A key aspect of freedom of the 
press is the pursuit of the truth without government entanglements or 
intimidation.
  If the government forces journalists to reveal sources or work 
product, it could undermine the gathering of information that is in the 
public interest. That is why 32 States and the District of Columbia 
have expressly protected this right with statutory shield laws, and 49 
States have either a statutory or common law privilege that protects 
journalists from compelled disclosure. These laws allow journalists to 
do their jobs without fear that the government will unreasonably seize 
their records.
  Today's legislation, the PRESS Act, does the same thing at the 
Federal level. Administrations from both parties have been guilty of 
unjustly targeting journalists and using compulsory processes to obtain 
information from them and their sources.
  Now, over the years, versions of this very bill have received 
widespread support from across the political spectrum, and indeed, this 
bill passed through the Judiciary Committee on a unanimous, bipartisan 
vote.
  Mr. Speaker, liberty depends on the freedom of the press, and 
journalists are often the first to expose government fraud, waste, 
abuse, and encroachments on personal freedoms.
  In a free country, we need to make sure that the government cannot 
unmask journalists' sources without good cause, and that is why the 
need for this legislation is so strong. This bill provides those 
protections, and it is long past time for this legislation to be signed 
into law.
  I will close by again thanking my Democrat colleagues for their 
support and especially my fellow Judiciary Committee colleague, Mr. 
Raskin. This bill is proof that it is possible for Congress to set 
politics aside and act to protect the rights of all Americans.
  Mr. Speaker, I urge support, and I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise in strong support of H.R. 
4250, the Protect Reporters from Exploitive State Spying Act, or the 
PRESS Act, and I yield myself such time as I may consume in support of 
this bill.
  Introduced by my colleagues, Representatives Kevin Kiley, Darrell 
Issa, Harriet Hageman, Russell Fry, Jamie Raskin, and Ted Lieu, H.R. 
4250 is a reporter shield law that will ensure that journalists can 
engage in effective journalism while reducing the risks of putting 
themselves, or their confidential sources upon whom they rely to bring 
critical stories to the public's attention, in legal jeopardy.
  Specifically, H.R. 4250 would create a strong but qualified Federal 
statutory privilege that protects journalists from being compelled by 
the Federal Government to reveal confidential sources and information.
  The bill also allows the government to defeat this privilege under 
certain circumstances where a court determines that the disclosure is 
necessary to prevent or identify any perpetrator of an act of terrorism 
or to prevent a threat of imminent violence, significant bodily harm or 
death, and then only after the journalist is provided notice and an 
opportunity to be heard before the court.
  Additionally, the bill prohibits the Federal Government from 
compelling an electronic service provider that stores a journalist's 
information to disclose that information, as well as information 
relating to the journalist's personal account or technology device to 
the government. The government can defeat this privilege only if a 
court determines that there is a reasonable threat of imminent violence 
absent the information's disclosure and subject to notice and other 
requirements and exceptions.
  Lastly, the PRESS Act contains a rule of construction that provides 
that the act should not be construed to apply to civil defamation, 
slander, libel claims, or defenses under State law. The rule of 
construction also makes clear that the act does not prevent the Federal 
Government from pursuing an investigation of a journalist or 
organization that is suspected of engaging in criminal or terrorist 
activity, is a witness to a crime unrelated to journalism, or is 
suspected of being an agent of a foreign power.
  This is necessary and long-overdue legislation. Over the past several 
decades, Democratic and Republican Presidential administrations have 
attempted to crack down on leaks of classified information to media 
outlets, and these investigations have included efforts to obtain 
journalists' records.
  In 2021, the Washington Post, the New York Times, and CNN reported 
that the Department of Justice, under the Trump administration, sought 
the information and records of their reporters. Previously, during the 
Obama administration, the Department reportedly searched FOX News 
reporter Jeffrey Rosen's emails and even listed him as a co-conspirator 
in an Espionage Act case against the source of leaked information.
  These and other recent episodes further illustrate the need for 
stronger protections for journalists and their sources.
  Indeed, one of the most critical roles that the free press plays in 
our democracy is to keep the public informed about the functioning of 
government and the policymaking process, including allegations of 
government wrongdoing or incompetence. Yet, the press' ability to carry 
out this role would be seriously eroded if a reporter could not obtain 
complete and accurate information about such wrongdoing or incompetence 
by assuring confidential sources their anonymity.
  The PRESS Act would protect a journalist's ability to bring these 
important stories to the public's attention, stories which almost 
always hinge on protecting the identity of confidential sources without 
unwarranted interference by the Federal Government.

                              {time}  1730

  The lack of a Federal press shield law is quite striking given the 
broad and bipartisan support for such laws.
  Currently, over 40 States and the District of Columbia have enacted 
press shield laws or otherwise afford similar privileges through their 
State constitutions or common law.
  Here in Congress, there is longstanding and bipartisan support for a 
Federal press shield law. For example, former Vice President Mike 
Pence, when he was a Member of Congress back in 2005, introduced the 
Free Flow of Information Act, which was very similar in concept to H.R. 
4250.
  The Free Flow of Information Act subsequently passed the House twice 
in the 110th and the 111th Congresses, the first time by a 398-21 vote, 
and the second time by voice vote under suspension of the rules.
  Last Congress, the House passed the PRESS Act by voice vote under 
suspension of the rules, as well.

[[Page H145]]

  In this Congress, the bill passed the Judiciary Committee by a 23-0 
vote, and, unfortunately, despite this history of broad bipartisan 
support, the Senate has never acted on any of these bills, though hope 
springs eternal.
  I am encouraged that, even as stark differences among Members of this 
body remain, this important legislation continues to enjoy bipartisan 
support.
  I thank Chairman Jordan for his work in helping to bring H.R. 4250 to 
the floor today, and I urge my colleagues to vote ``yes.''
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILEY. Mr. Speaker, I have no further speakers. I am prepared to 
close, and I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself the balance of my 
time to close.
  Mr. Speaker, I note that the PRESS Act is endorsed by a number of 
First Amendment and press freedom organizations, including the ACLU, 
the Center for Democracy and Technology, the Committee to Protect 
Journalists, Demand Progress, the Electronic Frontier Foundation, the 
First Amendment Coalition, the Freedom of the Press Foundation, the 
Knight First Amendment Institute at Columbia University, the National 
Association of Broadcasters, PEN America, the Protect The 1st 
Foundation, the Radio Television Digital News Association, and the 
Reporters Committee for Freedom of the Press.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 4250, a 
necessary and long overdue Federal protection for journalists and their 
sources.
  Mr. Speaker, I yield back the balance of my time.
  Mr. KILEY. Mr. Speaker, I thank the gentleman for his remarks. I 
again thank Mr. Raskin for working with me on this legislation, as well 
as Chair Jordan and Ranking Member Nadler for helping to get it through 
the Judiciary Committee with unanimous bipartisan support.
  I very much look forward to seeing this bill get to the President's 
desk and get signed into law this year. I urge all of my colleagues 
here in the House to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Kiley) that the House suspend the rules 
and pass the bill, H.R. 4250.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. KILEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________