Matthew Lawrence Perna Act of 2022

                                          H. R. 9583

To amend title 18, United States Code, to provide protections for nonviolent political protesters, and for other purposes.



                  IN THE HOUSE OF REPRESENTATIVES

                                    December 15, 2022

Mr. Gohmert introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Permanent Select Committee on Intelligence, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


           Matthew Lawrence Perna Act of 2022

To amend title 18, United States Code, to provide protections for nonviolent political protesters, 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 ``Matthew Lawrence Perna Act of 2022''.

SEC. 2. RELEASE OF A DEFENDANT PENDING TRIAL FOR NONVIOLENT POLITICAL PROTESTERS; RECOVERY FOR CERTAIN DEFENDANTS DETAINED.

Section 3142 of title 18, United States Code, is amended by adding at the end the following:

``(k) No Detention for Nonviolent Political Protesters.--
       ``(1) In general.--A person charged with a covered political protest offense, and not charged with any crime of violence (as such term is defined in section 16(a)) may not be detained under this section.
        ``(2) Covered political protest offense defined.--In this subsection, the term `covered political protest offense' means an offense--
       ``(A) arising out of political protest activities; and
        ``(B) which is not a crime of violence (as such term is defined in section 16(a)).
           ``(l) Civil Action.--A person who is tried for a Federal offense and is not convicted, or charged with an offense and the charges are dropped, and the person was detained during the pendency of the trial or charges, may bring an action in a district court of the United States against the United States and any officer or employee of the United States seeking compensatory damages.'' 

SEC. 3. SPEEDY TRIAL FOR NONVIOLENT POLITICAL PROTESTERS.

Section 3161(a) of title 18, United States Code, is amended by inserting after ``In any case involving a defendant charged with an offense'' the following: ``(including a covered political offense (as such term is defined in section 3142(k))''.

SEC. 4. REMEDIES AVAILABLE FOR MALICIOUS OVERPROSECUTION.

     (a) In General.--Section 2680(h) of title 28, United States Code, is amended by inserting ``malicious over-prosecution,'' after ``false arrest, malicious prosecution,''.
     (b) Definitions.--Section 2671 of title 28, United States Code, is amended by adding at the end the following:
``The term `malicious prosecution' means charging a person with an offense when the official filing such charges knows or has reason to know that there is not probable cause to believe that the person committed the offense, and because of personal or political animosity, bias, or otherwise not in the interest of justice.
``The term `malicious over prosecution means malicious prosecution that involves charging a person with an offense that is grossly disproportionate to conduct alleged.'' 

SEC. 5. LIMITATION ON USE OF NATIONAL SECURITY AUTHORITY.

    (a) In General.--Notwithstanding any other provision of law, a national security authority may not be used by a Government official against a citizen of the United States, unless the citizen is intentionally acting as agent of a foreign power or entity. 
    (b) Definition.--In this section, the term ``national security authority'' means--
        (1) any authority under the National Security Act of 1947 or any authority conferred onto any of the departments, agencies, councils, committees or any other entities created, established, restructured, or otherwise governed by such Act; and
        (2) any authority exercised by the National Security Division of the Department of Justice, the National Security Branch of the Federal Bureau of Investigation, or the Intelligence Branch of the Federal Bureau of Investigation.

SEC. 6. DISCLOSURE OF INVESTIGATIONS OF CITIZENS OF THE UNITED STATES.

The provisions of section 552(b) of title 5, United States Code, do not apply with respect to a request made by a United States citizen that requests information about whether the United States is or was surveilling or investigating the citizen.

SEC. 7. SENSE OF CONGRESS REGARDING SENTENCING COVERED POLITICAL PROTEST OFFENSES.

It is the sense of Congress that in sentencing a defendant for a covered political protest offense (as such term is defined in section 3142 of title 18, United States Code), a judge should impose a sentence that is consistent with the minimum sentence provided by the guideline range applicable to the defendant.

SEC. 8. TRANSFER OF VENUE.

Notwithstanding any other provision of law, in the criminal trial of any individual for the commission of a criminal offense in the District of Columbia, the individual on trial may choose venue for the proceedings and trial to be in the district court for the district and division embracing that individual's primary residence.