H.R. 277 — Matthew Lawrence Perna Act of 2025

This section adds to the federal pretrial detention statute (18 U.S.C. §3142) two new provisions: (1) prohibiting detention of any person charged solely with a covered political protest offense (i.e., a nonviolent offense, as defined in 18 U.S.C. §16(a), arising from political protest activities) and requiring release under subsection (b) or (c) (thus, barring consideration of detention under subsection (e)); and (2) authorizing a civil action in federal district court against the United States and its officers or employees for compensatory damages by any person detained pretrial for a federal offense who is acquitted, not convicted after trial, or has charges dropped.

This section applies the Speedy Trial Act's requirements to defendants charged with a covered political offense (as defined in 18 U.S.C. § 3142(k)). (The Speedy Trial Act generally requires federal criminal trials to commence within 70 days of indictment, information, or initial appearance, subject to exclusions.)

This section amends the Federal Tort Claims Act (FTCA) to (1) add "malicious overprosecution" to the list of intentional torts in 28 U.S.C. §2680(h) for which the United States is liable when committed by federal investigative or law enforcement officers or employees acting within the scope of their employment (i.e., alongside assault, battery, false imprisonment, false arrest, and malicious prosecution), and (2) define in 28 U.S.C. §2671 both "malicious prosecution" (charging a person with an offense when the official knows or has reason to know there is no probable cause and acts due to personal or political animosity, bias, or otherwise not in the interest of justice) and "malicious overprosecution" (malicious prosecution involving an offense grossly disproportionate to the alleged conduct). (As background, the FTCA generally waives sovereign immunity for tort claims against the United States but excepts intentional torts except for those specified in §2680(h) when committed by law enforcement. Thus, this change enables civil suits against the government for malicious overprosecution by qualifying federal personnel.)

This section prohibits a Government official from using a national security authority against a U.S. citizen unless the citizen is intentionally acting as an agent of a foreign power or entity. It defines “national security authority” to include (1) any authority under the National Security Act of 1947 or conferred on entities created, established, restructured, or governed by that Act; and (2) any authority exercised by the National Security Division of the Department of Justice, the National Security Branch of the FBI, or the Intelligence Branch of the FBI.

This section provides that the exemptions under the Freedom of Information Act (FOIA) do not apply to requests by a U.S. citizen for information about whether the United States is or was surveilling or investigating the citizen. (Thus, federal agencies must disclose such information upon request.)

This section states the sense of Congress that, in sentencing a defendant for a covered political protest offense (as defined in 18 U.S.C. § 3142), a judge should impose a sentence consistent with the minimum sentence provided by the applicable federal sentencing guideline range.

This section authorizes a defendant charged with a criminal offense in the District of Columbia to choose venue for pretrial proceedings and trial in the U.S. district court for the district and division encompassing the defendant’s primary residence, notwithstanding any other provision of law.