HR277-119

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: 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. In this subsection, the term covered political protest offense means an offense— arising out of political protest activities; and which is not a crime of violence (as such term is defined in section 16(a)). 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. (k)No detention for nonviolent political protesters(1)In generalA 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 definedIn 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 actionA 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. .

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)).

5. Limitation on use of national security authority 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. In this section, the term national security authority means— 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 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.

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.