H.R. 4330House117th Congress (2021-2023)Passed House

PRESS Act

Introduced July 1, 2021

AI-Generated Summary

Updated February 8, 2026 at 5:07 AM UTC

The PRESS Act (Protect Reporters from Exploitative State Spying Act) sets limits on when the federal government can force journalists or the services that store their work to reveal information. It protects journalists’ sources and materials unless a court finds a clear need to prevent terrorism or imminent violence. The law applies to journalists, their personal accounts and devices, and the service providers that host their data.

Key Provisions

  • Defines a “covered journalist” as anyone regularly gathering or publishing news for public dissemination, and a “covered service provider” as telecom, internet, cloud, or similar providers storing that journalist’s data.
  • Prohibits federal entities from compelling a journalist to disclose protected information (source identities or work) unless a court, by preponderance of evidence, finds it necessary to prevent terrorism or an imminent threat of serious violence.
  • Allows compelled disclosure from covered service providers only if a court finds a reasonable threat of imminent violence and issues an order, after the journalist is notified and given a chance to be heard, with possible 45‑day notice delay for urgent investigations.
  • Requires any compelled testimony or documents to be narrowly tailored, not overbroad, and limited to verifying the accuracy of published information.
  • Specifies the Act does not affect civil defamation or libel cases and does not stop investigations of journalists suspected of crimes, foreign espionage, or terrorism.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

September 20, 2022

View full timeline
HouseIntro Referral

Introduced in House

July 1, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

July 1, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 6, 2022

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

April 6, 2022

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 117-354.

June 7, 2022

HouseCalendars

Placed on the Union Calendar, Calendar No. 268.

June 7, 2022

HouseFloor

Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.

September 19, 2022 • 4:59 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7927-7930)

September 19, 2022 • 5:00 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4330.

September 19, 2022 • 5:00 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

September 19, 2022 • 5:15 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7927-7928)

September 19, 2022 • 5:15 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 19, 2022 • 5:15 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

September 20, 2022

Floor Debate

14 members

What members said about H.R. 4330 on the floor

5 Republicans9 Democrats
Christopher Murphy
Sen. Christopher MurphyD-CT · Dec 14, 2022

Mr. President, Jimmy Greene and his wife Nelba lost a daughter in Sandy Hook. Jimmy said this, leading up to the 10-year mark of the shooting in Newtown that we are commemorating today: There is a…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 14, 2022

Mr. President, 10 years ago today, when I first heard the news, I couldn't believe it. Then, as I heard the details and learned of what had happened in Connecticut, I thought to myself, This is the…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Dec 14, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, many of us in Connecticut and throughout the Nation awoke today with a heavy heart, with grief…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 19, 2022

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4330) to maintain the free flow of information to the public by establishing appropriate limits on the federally compelled disclosure…

Ron Wyden
Sen. Ron WydenD-OR · Dec 14, 2022

Mr. President, in a moment, I intend to put forward a unanimous consent request to pass my bipartisan bill with our colleague from Utah, Senator Lee, entitled the Protect Reporters from Excessive…

Show 8 more
Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Dec 14, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, in 2022, as America approaches its semiquincentennial of the independence of our Nation, the…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Sep 19, 2022

Mr. Speaker, I thank the gentlewoman for yielding and for her very distinguished and passionate advocacy for civil liberties and civil rights. I thank her for her excellent management of this…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 14, 2022

Today is December 14. The Senate Republicans have spent months--literally months--begging our Democratic colleagues to stop fiddling with partisan nonsense and focus on two core things: the NDAA and…

Tom Cotton
Sen. Tom CottonR-AR · Dec 14, 2022

Mr. President. Reserving the right to object--and I will--I want to make a few brief remarks here about why I object to the passage of this bill, the so-called PRESS Act, which would open a floodgate…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 14, 2022

Mr. President, last night, Chairman Leahy, Ranking Member Shelby, and Chairman DeLauro announced that the appropriators have agreed to a framework for an omnibus agreement that will fully fund the…

Patty Murray
Sen. Patty MurrayD-WA · Dec 14, 2022

Mr. President, I do know that lawmakers on both sides of the aisle support high-quality charter schools because they are an important part of many States' public school system, which is why I come to…

Scott Fitzgerald
Rep. Scott FitzgeraldR-WI-5 · Sep 19, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, there is a reason why the Founders chose to enshrine the freedoms of the press in the First Amendment to the Constitution. It is…

Tim Scott
Sen. Tim ScottR-SC · Dec 14, 2022

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, today, my CRA on public charter schools is a simple vote today. It is a vote for common sense;…

Show 1 more
John Thune
Sen. John ThuneR-SD · Dec 14, 2022

The following Senator is necessarily absent: the Senator from Texas (Mr. Cruz).

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued September 20, 2022

IIB

117th CONGRESS

2d Session

H. R. 4330

IN THE SENATE OF THE UNITED STATES

September 20, 2022

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.

1.

Short title

This Act may be cited as the Protect Reporters from Exploitative State Spying Act or the PRESS Act.

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.

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 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 September 19, 2022.

Cheryl L. Johnson,

Clerk.