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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6263 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6263
To amend the Omnibus Crime Control and Safe Streets Act of 1968 and the
Implementing Recommendations of the 9/11 Commission Act of 2007 to
limit eligibility for certain Federal law enforcement and public safety
grants based on minimum pretrial public safety standards, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2025
Mr. Harrigan (for himself and Mr. Nehls) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Homeland Security, 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 the Omnibus Crime Control and Safe Streets Act of 1968 and the
Implementing Recommendations of the 9/11 Commission Act of 2007 to
limit eligibility for certain Federal law enforcement and public safety
grants based on minimum pretrial public safety standards, 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 ``No Free Pass for Felons Act of
2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Violent offenders released on unsecured or cashless
bail pose a significant risk to public safety.
(2) Federal funds should not subsidize policies that
release repeat violent offenders without meaningful judicial
review.
(3) The Supreme Court has upheld preventive detention as
constitutional (United States v. Salerno, 481 U.S. 739 (1987)).
(4) Conditioning Federal grants on minimum public safety
standards is a valid exercise of Congress's spending power.
SEC. 3. JUSTICE ASSISTANCE AND COPS GRANTS.
(a) Bryne Justice Assistance Grant Eligibility.--The Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10153 et seq.) is
amended--
(1) in section 502(a), by adding at the end the following:
``(7) A certification that the applicant has in effect a
law or policy that prohibits pretrial release on personal
recognizance or upon execution of an unsecured appearance bond
of a covered defendant, unless a court first holds a
dangerousness hearing and makes a written finding on the record
that conditions of such pretrial release imposed by the court
will reasonably assure the appearance of such defendant before
the court and the safety of any other person and the community.
``(8) A certification that the applicant has a system to
collect and publish, not less than annually--
``(A) data on determinations by judges in that
jurisdiction to release defendants charged with covered
violent offenses pending trial;
``(B) data on rearrests for covered violent
offenses of such defendants; and
``(C) data on the failure of such defendants to
appear, disaggregated by the type of pretrial release
on which they were released pending trial.'';
(2) in section 502, by adding at the end the following:
``(c) Definitions.--In this section:
``(1) Covered defendant.--The term `covered defendant'
means an individual who is--
``(A) charged with a covered violent offense;
``(B) charged with any offense, in the case of an
individual who has been convicted of a covered violent
offense arising out of a separate course of conduct; or
``(C) charged with any offense while on probation,
parole, or supervised release for a covered violent
offense.
``(2) Covered violent offense.--The term `covered violent
offense' means an offense that has as an element the use,
attempted use, or threatened use of physical force against the
person or property of another.
``(3) Dangerousness hearing.--The term `dangerousness
hearing' means a hearing consistent with subsections (e), (f),
and (g) of section 3142 of title 18, United States Code.''; and
(3) in section 505, by adding at the end the following:
``(j) Reduction of Grant Award.--If the Attorney General determines
that a State or unit of local government has failed to meet the
application requirements described in section 502(a)(7) or (8), the
Attorney General shall, after giving notice and the opportunity to
cure, allocate in an amount that is not more than 85 percent of the
amount otherwise allocable to such State or unit of local government
under this section.''.
(b) Community Oriented Policing Service Grants.--The Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10382 et seq.) is
amended--
(1) in section 1702(c)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(12) certify that the applicant's State (or, in the case
of a local government with pretrial release authority, such
local government) has adopted and is enforcing laws or policies
that meet the requirements described in section 502(a)(7) and
(8).''; and
(2) in section 1706, by adding at the end ``Failure to
maintain the certification required under section 1702(c)(12)
shall constitute noncompliance for purposes of this section.''.
(c) Transit Security Grant Eligibility.--Section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135) is amended--
(1) by redesignating subsections (c) through (n) as
subsections (d) through (o);
(2) by adding after subsection (b), the following:
``(c) Pretrial Public Safety Condition.--
``(1) In general.--To receive a grant under this section,
an eligible public transportation agency shall submit to the
Secretary a certification that the State in which the public
transportation agency operates--
``(A) has in effect a law or policy that prohibits
pretrial release on personal recognizance or upon
execution of an unsecured appearance bond of a covered
defendant, unless a court first holds a dangerousness
hearing and makes a written finding on the record that
conditions of such pretrial release imposed by the
court will reasonably assure the appearance of such
defendant before the court and the safety of any other
person and the community; and
``(B) has a system to collect and publish, not less
than annually--
``(i) data on determinations by judges in
that jurisdiction to release defendants charged
with covered violent offenses pending trial;
``(ii) data on rearrests for covered
violent offenses of such defendants; and
``(iii) data on the failure of such
defendants to appear, disaggregated by the type
of pretrial release on which they were released
pending trial.
``(2) Waiver.--The Secretary may temporarily waive the
requirements described in paragraph (1) upon a determination
that a temporary waiver is necessary to address an acute site-
specific security threat.''; and
(3) by adding at the end the following:
``(p) Definitions.--In this section:
``(1) Covered defendant.--The term `covered defendant'
means an individual who is--
``(A) charged with a covered violent offense;
``(B) charged with any offense, in the case of an
individual who has been convicted of a covered violent
offense arising out of a separate course of conduct; or
``(C) charged with any offense while on probation,
parole, or supervised release for a covered violent
offense.
``(2) Covered violent offense.--The term `covered violent
offense' means an offense that has as an element the use,
attempted use, or threatened use of physical force against the
person or property of another.
``(3) Dangerousness hearing.--The term `dangerousness
hearing' means a hearing consistent with subsection (e), (f),
and (g) of section 3142 of title 18, United States Code.''.
(d) General Provisions.--
(1) Severability.--If any provision of this Act, an
amendment made by this Act, or the application thereof, is held
invalid, the remainder of the Act or amendment and its
application shall not be affected.
(2) Effective date.--The amendments made by this Act shall
apply to applications for grants submitted in the first fiscal
year beginning 18 months after the date of enactment of this
Act.
(3) Rules.--Not later than 180 days after the date of
enactment of this Act the Attorney General shall issue such
rules as may be necessary to carry out the amendments made by
subsection (a)(1).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
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