PRESS 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. 1. Short title This Act may be cited as the Protect Reporters from Exploitative State Spying Act PRESS Act 2. Definitions In this Act: (1) Covered journalist The term covered journalist (2) Covered service provider (A) In general The term covered service provider (B) Inclusions The term covered service provider (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 (4) Federal entity The term Federal entity (5) Journalism The term journalism (6) Personal account of a covered journalist The term personal account of a covered journalist (7) Personal technology device of a covered journalist The term personal technology device of a covered journalist (8) Protected information The term protected information 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 (as defined by section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20911(7) 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 (as defined by section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20911(7) (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 under current circumstances. 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. 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 13224 ( 50 U.S.C. 1701 (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) June 7, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Protect Reporters from Exploitative State Spying Act or the PRESS Act This bill prohibits the federal government from compelling journalists and providers of telecommunications services (e.g., phone and internet companies) to disclose certain protected information, except in limited circumstances such as to prevent terrorism or imminent violence. Specifically, the bill protects from disclosure any information identifying a source, as well as any records, contents of a communication, documents, or information obtained or created by journalists in the course of their work. Further, the bill protects specified third parties, such as telecommunications carriers or social media companies, from being compelled to provide testimony or any document consisting of a record, information, or other communication that is stored by the third party on behalf of a journalist.