H.R. 7930

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7930 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7930

To amend title 18, United States Code, to increase the mens rea 
requirements for offenses under the Espionage Act.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

Ms. Tlaib (for herself, Mr. Garcia of Illinois, Ms. Lee of 
Pennsylvania, Ms. Norton, Ms. Omar, Mrs. Ramirez, and Mr. Thanedar) 
introduced the following bill; which was referred to the Committee on 
the Judiciary

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to increase the mens rea 
requirements for offenses under the Espionage Act.

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 ``Daniel Ellsberg Press Freedom and 
Whistleblower Protection Act of 2026''.

SEC. 2. ESPIONAGE ACT REFORM.

(a) Gathering, Transmitting, or Losing Defense Information.--
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:
``(i) Definitions.--In this section:
``(1) Covered person.--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.
``(2) Foreign agent.--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)).''.
(b) Disclosure of Classified Information.--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:
``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.''.
(c) Testimony of Purpose.--
(1) In general.--Chapter 37 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 799A. Testimony of purpose
``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.
``Sec. 799B. Affirmative defense
``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.''.
(2) Clerical amendment.--The table of sections for chapter 
37 of title 18, United States Code, is amended by adding at the 
end the following:

``799A. Testimony of purpose.
``799B. Affirmative defense.''.
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