Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026
Sponsored By: Representative Tlaib, Rashida [D-MI-12]
Introduced
Summary
This bill would raise the mens rea in core Espionage Act offenses to "specific intent", narrow who may be prosecuted, and create a public‑interest whistleblower defense that lets defendants explain their purpose.
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- People who disclose wrongdoing, gross mismanagement, waste, abuse of authority, or a substantial and specific danger to public health or safety could assert an affirmative public‑interest defense when charged under the amended Espionage Act. Defendants would also be allowed to testify about their purpose for disclosures.
- The bill defines who counts as a "covered person" by requiring official access to classified material, a nondisclosure agreement, and authorization from the President or a designated agency head. It also sets a specific definition for "foreign agent" tied to the Foreign Intelligence Surveillance Act rules with limited exclusions.
- For several 18 U.S.C. provisions the government would have to prove a defendant acted with specific intent to injure the United States or advantage a foreign nation. That higher intent standard and the new definitions narrow criminal liability for handling classified information.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
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.
Sponsors & CoSponsors
Sponsor
Tlaib, Rashida [D-MI-12]
MI • D
Cosponsors
Rep. García, Jesús G. "Chuy" [D-IL-4]
IL • D
Sponsored 3/12/2026
Rep. Lee, Summer L. [D-PA-12]
PA • D
Sponsored 3/12/2026
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 3/12/2026
Rep. Omar, Ilhan [D-MN-5]
MN • D
Sponsored 3/12/2026
Rep. Ramirez, Delia C. [D-IL-3]
IL • D
Sponsored 3/12/2026
Rep. Thanedar, Shri [D-MI-13]
MI • D
Sponsored 3/12/2026
Rep. McGovern, James P. [D-MA-2]
MA • D
Sponsored 3/27/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov