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Prohibits detaining people charged with nonviolent political protest offenses while their cases are pending, creates a cause of action and damages for people detained but not convicted or whose charges were dropped, and defines covered protest offenses and malicious overprosecution. It also restricts use of national-security authorities against U.S. citizens except when they knowingly act as agents of foreign powers, removes common FOIA exemptions for requests by citizens asking whether they were surveilled or investigated, urges judges to sentence in line with guideline minimums for covered protest offenses, and lets D.C. defendants elect trial in the federal district where they primarily live. Several provisions that would change speedy‑trial rules and certain remedy text are referenced but not shown in the supplied text.
Persons charged with a covered political protest offense and not charged with any crime of violence (as defined in 18 U.S.C. §16(a)) may not be detained under 18 U.S.C. §3142. (Subsection (k)(1))
Defines “covered political protest offense” as an offense that (A) arises out of political protest activities; and (B) is not a crime of violence (as defined in 18 U.S.C. §16(a)). (Subsection (k)(2))
A person who was tried for a Federal offense and not convicted, or who was charged and the charges were dropped, and who was detained while the trial or charges were pending, may bring a civil action in a United States district court against the United States and any officer or employee of the United States seeking compensatory damages. (Subsection (l))
Amend Section 3161(a) of title 18, United States Code, by inserting additional text after the specified passage. The exact text to be inserted is not included in the provided document.
Amends Section 2680(h) of title 28, U.S. Code, by inserting additional language after an existing provision; the excerpt does not show the text being inserted.
Who is affected and how
People who engage in nonviolent political protest: Directly affected because the bill forbids pretrial detention for defined nonviolent protest charges and permits damages for wrongful detention; it may reduce pretrial incarceration and increase incentives for prosecutors to reassess charging and bail decisions.
Individuals previously detained on protest‑related charges: Can bring compensatory suits against the United States and named officers if their charges were dropped or they were not convicted, likely increasing civil litigation against the government.
Federal prosecutors and charging officials (including DOJ): Face new definitions and limitations on charging conduct labeled "malicious prosecution" or "malicious overprosecution," and potential exposure to liability and administrative discipline; prosecutors may alter charging strategies or plea offers to avoid legal risk.
Federal law enforcement, intelligence, and national security components (FBI, DOJ units, and other agencies listed): Their use of enumerated national security authorities against U.S. citizens would be curtailed unless they can establish the person was knowingly acting as an agent of a foreign power; operational practices, approvals, and legal assessments would need revision and could constrain or complicate investigations involving U.S. persons.
Courts and litigation system: Will see new civil claims against the government and officers, potentially raising discovery and classified‑information issues; judges will be asked to apply new statutory definitions for malicious prosecution and to consider the Sense of Congress on sentencing (nonbinding).
FOIA offices and agency disclosure officers: May face an increase in citizen requests asking whether they were surveilled or investigated and be required to answer despite prior exemptions, increasing workload and raising legal questions about national security, privacy, and law enforcement secrecy.
Residents of the District of Columbia and defendants charged in D.C.: Defendants who primarily live outside D.C. may be able to move certain trials to the federal district covering their residence, which could alter case logistics and forum selection.
Practical effects and tradeoffs
Increased transparency and remedies for protestors aim to protect civil liberties, but could lead to more litigation and create tension with ongoing national security and sensitive law‑enforcement investigations.
Restricting national security tools may protect citizens from misuse of powerful authorities, yet could complicate investigations when foreign influence is suspected but not easily proven to the "knowing agent" standard.
Removing FOIA exemptions for citizen inquiries about surveillance raises administrative burdens and potential conflicts with classified‑information protections and existing law enforcement secrecy; the bill's success may depend on how courts and agencies reconcile those obligations with other statutory protections.
Uncertainties
Two referenced amendments (speedy‑trial language and FTCA insertion language) were not supplied, so important details about how the bill changes timing of prosecutions and the scope of civil remedies cannot be assessed here.
Implementation will raise operational and constitutional questions (e.g., lawsuits against officers, balancing classified information protections, interaction with existing national security statutes), likely generating additional litigation and guidance needs.
Provides that the provisions of 5 U.S.C. 552(b) do not apply to a request made by a United States citizen seeking information about whether the United States is or was surveilling or investigating that citizen.
Amends 28 U.S.C. 2680(h) by inserting new text after the indicated location (specific inserted text not provided in this section).
Amends 28 U.S.C. 2671 by adding at the end a definition for 'malicious prosecution' (also referred to as 'malicious overprosecution').
Amends 18 U.S.C. 3161(a) by inserting text after a specified location; the section text states only 'is amended by inserting after the following: .' with no specific inserted language provided in this section.
Adds new subsections (k) and (l) to 18 U.S.C. 3142: subsection (k) prohibits detention under this section of a person charged with a 'covered political protest offense' who is not charged with a crime of violence; subsection (l) creates a civil action allowing a person tried but not convicted, or whose charges are dropped, and who was detained during the pendency of the trial or charges, to sue the United States and any officer or employee for compensatory damages.
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Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
Introduced January 9, 2025 by Marjorie Taylor Greene · Last progress January 9, 2025
Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), 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.
Introduced in House