[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4250 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 4250
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2024
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To maintain the free flow of information to the public by establishing
appropriate limits on the federally compelled disclosure of information
obtained as part of engaging in journalism, and for other purposes.
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 ``Protect Reporters from Exploitative
State Spying Act'' or the ``PRESS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered journalist.--The term ``covered journalist''
means a person who regularly gathers, prepares, collects,
photographs, records, writes, edits, reports, investigates, or
publishes news or information that concerns local, national, or
international events or other matters of public interest for
dissemination to the public.
(2) Covered service provider.--
(A) In general.--The term ``covered service
provider'' means any person that, by an electronic
means, stores, processes, or transmits information in
order to provide a service to customers of the person.
(B) Inclusions.--The term ``covered service
provider'' includes--
(i) a telecommunications carrier and a
provider of an information service (as such
terms are defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153));
(ii) a provider of an interactive computer
service and an information content provider (as
such terms are defined in section 230 of the
Communications Act of 1934 (47 U.S.C. 230));
(iii) a provider of remote computing
service (as defined in section 2711 of title
18, United States Code); and
(iv) a provider of electronic communication
service (as defined in section 2510 of title
18, United States Code) to the public.
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or issue other compulsory process.
(5) Journalism.--The term ``journalism'' means gathering,
preparing, collecting, photographing, recording, writing,
editing, reporting, investigating, or publishing news or
information that concerns local, national, or international
events or other matters of public interest for dissemination to
the public.
(6) Personal account of a covered journalist.--The term
``personal account of a covered journalist'' means an account
with a covered service provider used by a covered journalist
that is not provided, administered, or operated by the employer
of the covered journalist.
(7) Personal technology device of a covered journalist.--
The term ``personal technology device of a covered journalist''
means a handheld communications device, laptop computer,
desktop computer, or other internet-connected device used by a
covered journalist that is not provided or administered by the
employer of the covered journalist.
(8) Protected information.--The term ``protected
information'' means any information identifying a source who
provided information as part of engaging in journalism, and any
records, contents of a communication, documents, or information
that a covered journalist obtained or created as part of
engaging in journalism.
(9) Specified offense against a minor.--The term
``specified offense against a minor'' has the meaning given
that term in section 111(7) of the Adam Walsh Child Protection
and Safety Act of 2006 (34 U.S.C. 20911(7)).
SEC. 3. LIMITS ON COMPELLED DISCLOSURE FROM COVERED JOURNALISTS.
In any matter arising under Federal law, a Federal entity may not
compel a covered journalist to disclose protected information, unless a
court in the judicial district in which the subpoena or other
compulsory process is, or will be, issued determines by a preponderance
of the evidence, after providing notice and an opportunity to be heard
to the covered journalist, that--
(1) disclosure of the protected information is necessary to
prevent, or to identify any perpetrator of, an act of terrorism
against the United States; or
(2) disclosure of the protected information is necessary to
prevent a threat of imminent violence, significant bodily harm,
or death, including specified offenses against a minor.
SEC. 4. LIMITS ON COMPELLED DISCLOSURE FROM COVERED SERVICE PROVIDERS.
(a) Conditions for Compelled Disclosure.--In any matter arising
under Federal law, a Federal entity may not compel a covered service
provider to provide testimony or any document consisting of any record,
information, or other communications stored by a covered provider on
behalf of a covered journalist, including testimony or any document
relating to a personal account of a covered journalist or a personal
technology device of a covered journalist, unless a court in the
judicial district in which the subpoena or other compulsory process is,
or will be, issued determines by a preponderance of the evidence that
there is a reasonable threat of imminent violence unless the testimony
or document is provided, and issues an order authorizing the Federal
entity to compel the disclosure of the testimony or document.
(b) Notice to Court.--A Federal entity seeking to compel the
provision of testimony or any document described in subsection (a)
shall inform the court that the testimony or document relates to a
covered journalist.
(c) Notice to Covered Journalist and Opportunity To Be Heard.--
(1) In general.--A court may authorize a Federal entity to
compel the provision of testimony or a document under this
section only after the Federal entity seeking the testimony or
document provides the covered journalist on behalf of whom the
testimony or document is stored pursuant to subsection (a)--
(A) notice of the subpoena or other compulsory
request for such testimony or document from the covered
service provider not later than the time at which such
subpoena or request is issued to the covered service
provider; and
(B) an opportunity to be heard before the court
before the time at which the provision of the testimony
or document is compelled.
(2) Exception to notice requirement.--
(A) In general.--Notice and an opportunity to be
heard under paragraph (1) may be delayed for not more
than 45 days if the court involved determines there is
clear and convincing evidence that such notice would
pose a clear and substantial threat to the integrity of
a criminal investigation, or would present an imminent
risk of death or serious bodily harm, including
specified offenses against a minor.
(B) Extensions.--The 45-day period described in
subparagraph (A) may be extended by the court for
additional periods of not more than 45 days if the
court involved makes a new and independent
determination that there is clear and convincing
evidence that providing notice to the covered
journalist would pose a clear and substantial threat to
the integrity of a criminal investigation, or would
present an imminent risk of death or serious bodily
harm, including specified offenses against a minor,
under current circumstances.
SEC. 5. LIMITATION ON CONTENT OF INFORMATION.
The content of any testimony, document, or protected information
that is compelled under sections 3 or 4 shall--
(1) not be overbroad, unreasonable, or oppressive, and, as
appropriate, be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered so as to avoid compelling the production of
peripheral, nonessential, or speculative information.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) apply to civil defamation, slander, or libel claims or
defenses under State law, regardless of whether or not such
claims or defenses, respectively, are raised in a State or
Federal court; or
(2) prevent the Federal Government from pursuing an
investigation of a covered journalist or organization that is--
(A) suspected of committing a crime;
(B) a witness to a crime unrelated to engaging in
journalism;
(C) suspected of being an agent of a foreign power,
as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801);
(D) an individual or organization designated under
Executive Order No. 13224 (50 U.S.C. 1701 note;
relating to blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism);
(E) a specially designated terrorist, as that term
is defined in section 595.311 of title 31, Code of
Federal Regulations (or any successor thereto); or
(F) a terrorist organization, as that term is
defined in section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
Passed the House of Representatives January 18, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.