Daniel Ellsberg Press Freedom and Whistleblower Protection Act of 2026

This bill significantly amends sections 793 and 798 of title 18, United States Code, which constitute parts of the Espionage Act. Its primary purpose is to increase the mens rea , or culpable mental state, required for conviction under these statutes. Specifically, it changes the standard from "with intent or reason to believe" to "with specific intent " for certain offenses, and introduces a requirement of " specific intent to injure the United States or advantage any foreign nation " for others. The legislation also narrows the scope of some offenses by applying them only to " covered persons " or " foreign agents ." The bill defines a " covered person " as an individual with official access to classified information who has signed a nondisclosure agreement and is authorized to receive national defense information by specific government authorities. It also establishes a new right for defendants to testify about their purpose for engaging in the prohibited conduct. Crucially, the bill creates an affirmative defense for individuals who disclose information to the public to reveal: violations of law, rule, or regulation, including constitutional or international law obligations; or gross mismanagement, waste of funds, abuse of authority, or substantial danger to public health or safety.