I 

118TH CONGRESS 

2D SESSION H. R. 7540 

To amend title 18, United States Code, to provide protections for nonviolent 

political protesters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2024 

Ms. GREENE of Georgia 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 

A BILL 

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

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Matthew Lawrence 

5 Perna Act of 2024’’. 


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1 SEC. 2. RELEASE OF A DEFENDANT PENDING TRIAL FOR 

2 NONVIOLENT POLITICAL PROTESTERS; RE3 COVERY FOR CERTAIN DEFENDANTS DE4 TAINED. 

5 Section 3142 of title 18, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(k) NO DETENTION FOR NONVIOLENT POLITICAL

8 PROTESTERS.— 

9 ‘‘(1) IN GENERAL.—A person charged with a 

10 covered political protest offense, and not charged 

11 with any crime of violence (as such term is defined 

12 in section 16(a)) may not be detained under this sec13 tion. 

14 ‘‘(2) COVERED POLITICAL PROTEST OFFENSE

15 DEFINED.—In this subsection, the term ‘covered po16 litical protest offense’ means an offense— 

17 ‘‘(A) arising out of political protest activi18 ties; and 

19 ‘‘(B) which is not a crime of violence (as 

20 such term is defined in section 16(a)). 

21 ‘‘(l) CIVIL ACTION.—A person who is tried for a Fed22 eral offense and is not convicted, or charged with an of23 fense and the charges are dropped, and the person was 

24 detained during the pendency of the trial or charges, may 

25 bring an action in a district court of the United States 


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1 against the United States and any officer or employee of 

2 the United States seeking compensatory damages.’’. 

3 SEC. 3. SPEEDY TRIAL FOR NONVIOLENT POLITICAL PRO4 TESTERS. 

5 Section 3161(a) of title 18, United States Code, is 

6 amended by inserting after ‘‘In any case involving a de7 fendant charged with an offense’’ the following: ‘‘(includ8 ing a covered political offense (as such term is defined in 

9 section 3142(k))’’. 

10 SEC. 4. REMEDIES AVAILABLE FOR MALICIOUS OVER11 PROSECUTION. 

12 (a) IN GENERAL.—Section 2680(h) of title 28, 

13 United States Code, is amended by inserting ‘‘malicious 

14 overprosecution,’’ after ‘‘false arrest, malicious prosecu15 tion,’’. 

16 (b) DEFINITIONS.—Section 2671 of title 28, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘The term ‘malicious prosecution’ means charging a 

20 person with an offense when the official filing such 

21 charges knows or has reason to know that there is not 

22 probable cause to believe that the person committed the 

23 offense, and because of personal or political animosity, 

24 bias, or otherwise not in the interest of justice. 


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1 ‘‘The term ‘malicious overprosecution’ means mali2 cious prosecution that involves charging a person with an 

3 offense that is grossly disproportionate to conduct al4 leged.’’. 

5 SEC. 5. LIMITATION ON USE OF NATIONAL SECURITY AU6 THORITY. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, a national security authority may not be used 

9 by a Government official against a citizen of the United 

10 States, unless the citizen is intentionally acting as agent 

11 of a foreign power or entity. 

12 (b) DEFINITION.—In this section, the term ‘‘national 

13 security authority’’ means— 

14 (1) any authority under the National Security 

15 Act of 1947 or any authority conferred onto any of 

16 the departments, agencies, councils, committees or 

17 any other entities created, established, restructured, 

18 or otherwise governed by such Act; and 

19 (2) any authority exercised by the National Se20 curity Division of the Department of Justice, the 

21 National Security Branch of the Federal Bureau of 

22 Investigation, or the Intelligence Branch of the Fed23 eral Bureau of Investigation. 


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1 SEC. 6. DISCLOSURE OF INVESTIGATIONS OF CITIZENS OF 

2 THE UNITED STATES. 

3 The provisions of section 552(b) of title 5, United 

4 States Code, do not apply with respect to a request made 

5 by a United States citizen that requests information about 

6 whether the United States is or was surveilling or inves7 tigating the citizen. 

8 SEC. 7. SENSE OF CONGRESS REGARDING SENTENCING 

9 COVERED POLITICAL PROTEST OFFENSES. 

10 It is the sense of Congress that in sentencing a de11 fendant for a covered political protest offense (as such 

12 term is defined in section 3142 of title 18, United States 

13 Code), a judge should impose a sentence that is consistent 

14 with the minimum sentence provided by the guideline 

15 range applicable to the defendant. 

16 SEC. 8. TRANSFER OF VENUE. 

17 Notwithstanding any other provision of law, in the 

18 criminal trial of any individual for the commission of a 

19 criminal offense in the District of Columbia, the individual 

20 on trial may choose venue for the proceedings and trial 

21 to be in the district court for the district and division em22 bracing that individual’s primary residence. 

Æ 


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