Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

Protections for cleared employees and whistleblowers

If enacted, this bill would narrow who can be charged under core espionage rules and raise the mental state prosecutors must prove for people with classified access. It would define a "covered person" as someone with official classified access, a signed nondisclosure agreement, and authorization by the President or a designated agency head. The bill would tie the term "foreign agent" to the FISA definition with a specific exclusion. A defendant charged under these espionage rules would be allowed to testify about their purpose, and the bill would create a public‑interest affirmative defense for disclosures meant to show lawbreaking, gross mismanagement or waste, abuse of authority, or a substantial and specific danger to public health or safety.