Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

Section 793 of title 18, United States Code, is amended—

(1) in subsection (a), by striking with intent or reason to believe and inserting with specific intent;

(2) in subsection (b)—

(A) by striking or reason to believe;

(B) by inserting that has been properly classified that is after of anything; and

(C) by striking Whoever and inserting An individual who, while a covered person;

(3) in subsection (c)—

(A) by inserting that has been properly classified that is after of anything; and

(B) by striking Whoever and inserting A foreign agent who;

(4) in subsection (d)—

(A) by inserting after willfully each place it appears the following:, and with specific intent to injure the United States or advantage any foreign nation,; and

(B) by striking Whoever and inserting An individual who, while a covered person,;

(5) in subsection (e)—

(A) by inserting after willfully each place it appears the following:, and with specific intent to injure the United States or advantage any foreign nation,; and

(B) by striking Whoever and inserting An individual who, while a covered person,; and

(6) by adding at the end the following:

In this section:

The term covered person means an individual who—

(A) receives official access to classified information granted by the United States Government;

(B) signs a nondisclosure agreement with regard to such classified information; and

(C) is authorized to receive documents, writings, code books, signal books, sketches, photographs, photographic negatives, blue prints, plans, maps, models, instruments, appliances, or notes of anything connected with the national defense by—

(i) the President; or

(ii) the head of a deparment or agency of the United States Government which is expressly designated by the President to engage in activities relating to the national defense.

The term foreign agent —

(A) has the meaning given the term ‘agent of a foreign power’ under section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and

(B) does not include a person who is an agent of a foreign power (as so defined) with respect to a foreign power described in section 101(a)(5) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)(5)).

Section 798 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by inserting after knowingly and willfully the following:, and with specific intent to injure the United States or advantage any foreign nation,; and

(B) by striking Whoever and inserting Any individual who, while a covered person,; and

(2) in subsection (b), by adding at the end the following:

(2) The term covered person means an individual who—

(A) receives official access to classified information granted by the United States Government;

(B) signs a nondisclosure agreement with regard to such classified information; and

(C) is authorized to receive documents, writings, code books, signal books, sketches, photographs, photographic negatives, blue prints, plans, maps, models, instruments, appliances, or notes of anything connected with the national defense by—

(i) the President; or

(ii) the head of a deparment or agency of the United States Government which is expressly designated by the President to engage in activities relating to the national defense.

Chapter 37 of title 18, United States Code, is amended by adding at the end the following:

A defendant charged with an offense under section 793 or 798 shall be permitted to testify about their purpose for engaging in the prohibited conduct.

It is an affirmative defense to a charge under section 793 or 798 that the defendant engaged in the prohibited conduct for the purpose of disclosing to the public—

(1) any violation of any law, rule, or regulation, including any obligation under the Constitution, a treaty or customary international law (including international human rights law and international humanitarian law); or

(2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

The table of sections for chapter 37 of title 18, United States Code, is amended by adding at the end the following: