[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5053-S5054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2808. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

      DIVISION E--PROTECT REPORTERS FROM EXPLOITATIVE STATE SPYING

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Protect Reporters from 
     Exploitative State Spying Act'' or the ``PRESS Act''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (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) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (4) Document.--The term ``document'' means writings, 
     recordings, and photographs, as those terms are defined by 
     rule 1001 of the Federal Rules of Evidence (28 U.S.C. App.).
       (5) 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.
       (6) 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.
       (7) 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.
       (8) 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.
       (9) 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.
       (10) 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. 5003. 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;
       (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; 
     or
       (3) disclosure of the protected information is necessary to 
     prevent the destruction or incapacitation of critical 
     infrastructure.

     SEC. 5004. 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--
       (1) a court in the judicial district in which the subpoena 
     or other compulsory process is, or will be, issued--
       (A) determines by a preponderance of the evidence that--
       (i) providing the testimony or document is necessary to 
     prevent, or to identify any perpetrator of, an act of 
     terrorism against the United States;
       (ii) providing the testimony or document is necessary to 
     prevent a threat of imminent violence, significant bodily 
     harm, or death, including specified offenses against a minor; 
     or
       (iii) providing the testimony or document is necessary to 
     prevent the destruction or incapacitation of critical 
     infrastructure; and
       (B) issues an order authorizing the Federal entity to 
     compel the provision of the testimony or document; or
       (2) the covered journalist is the target of an ongoing 
     acquisition conducted in accordance with section 702 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a).
       (b) Notice to Court.--A Federal entity seeking to compel 
     the provision of testimony or any document described in 
     subsection (a) under paragraph (1) of such subsection 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 
     subsection (a)(1) that will include the disclosure of 
     protected information only after the Federal entity seeking 
     the testimony or document provides the covered journalist to 
     whom the testimony relates or on behalf of whom the document 
     is stored--
       (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

[[Page S5054]]

     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. 5005. LIMITATION ON CONTENT OF INFORMATION.

       The content of any testimony, document, or protected 
     information that is compelled under section 5003 or 5004 
     shall--
       (1) not be overbroad, unreasonable, or oppressive; 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. 5006. RULE OF CONSTRUCTION.

       Nothing in this division 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;
       (2) prevent the Federal Government from compelling the 
     disclosure of protected information from, or related to, a 
     covered journalist who is--
       (A) suspected of committing a crime, other than a crime 
     relating to the seeking, solicitation, receipt, possession, 
     communication, or withholding of protected information;
       (B) an agent of a foreign power, as defined in section 101 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801);
       (C) 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);
       (D) a specially designated terrorist, as that term is 
     defined in section 595.311 of title 31, Code of Federal 
     Regulations (or any successor thereto);
       (E) 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)); or
       (F) a member or affiliate of a foreign terrorist 
     organization designated under section 219(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1189(a));
       (3) authorize the intentional targeting of a covered 
     journalist under section 702 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881a) for the objective 
     of suppressing or burdening criticism, dissent, or the free 
     expression of ideas or political opinions by individuals or 
     the press;
       (4) authorize the Federal Government to compel, without 
     complying with the requirements of this division, the 
     disclosure of protected information from, or related to, a 
     covered journalist who has only sought, solicited, received, 
     possessed, or published information of the Federal 
     Government, including classified information, in the course 
     of engaging in journalism;
       (5) establish any additional authority to conduct 
     surveillance or compel a person to provide testimony, 
     documents, or information; or
       (6) limit the authority of the Government to seek or obtain 
     an order under title I or III of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1831 et 
     seq.).
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