This bill, named after Pentagon Papers whistleblower Daniel Ellsberg, reforms how the government can prosecute people under the Espionage Act. The legislation increases the legal burden of proof prosecutors must meet by requiring them to prove that defendants acted with "specific intent" to harm the United States or help a foreign nation, rather than the current lower standard of simply having "reason to believe" such harm might occur. The bill primarily affects current and former government employees who have signed nondisclosure agreements and had access to classified information, as well as journalists and others who receive such information from them. It creates a legal defense for people charged with disclosing classified information if they did so to expose government violations of law, constitutional breaches, gross mismanagement, waste of funds, abuse of authority, or serious dangers to public safety. The bill does not include specific funding amounts or implementation timelines.
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