MOSSA Act

Bill Number

H.R. 4878

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-08-05: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Financial Services, 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.

Last Updated

2025-09-18T18:48:01Z

AI-Generated Summary

Purpose

The Make Our Streets Safe Again Act (MOSSA Act), or H.R. 4878, aims to reduce crime and disorder on U.S. streets by promoting civil commitments for individuals with mental illness who pose risks, enforcing laws against vagrancy and open drug use, redirecting federal resources away from certain homelessness policies toward treatment and accountability, and enhancing safety in federal homelessness programs. It emphasizes treatment, recovery, and public safety over approaches like harm reduction that facilitate illegal drug use.

Key Provisions

The bill directs federal agencies to take specific actions across several areas:

• Restoring Civil Commitment (Section 2(a)):
• The Attorney General, in consultation with the Secretary of Health and Human Services (HHS), must seek to reverse federal or state court decisions and end consent decrees (court-supervised agreements) that block civil commitments—temporary placements in facilities for treatment—of people with mental illness who are dangerous to themselves or others, or who are homeless and unable to care for themselves.
• Provide technical guidance, grants, or other support to state and local governments to adopt flexible standards for civil commitments, institutional treatment, and "step-down" programs (gradual transitions to less restrictive care).

• Fighting Vagrancy on America's Streets (Section 2(b)):
• Federal agencies (Attorney General, HHS Secretary, Secretary of Housing and Urban Development (HUD), and Secretary of Transportation) must prioritize discretionary grants (funds awarded based on judgment, not entitlement) to states and cities that enforce bans on open drug use, urban camping, loitering, and squatting (unauthorized occupation of property).
• Prioritize support for handling individuals with serious mental illness, substance use disorders, or homelessness through assisted outpatient treatment (mandatory community-based care) or civil commitments.
• Ensure compliance with the Sex Offender Registration and Notification Act, especially for homeless sex offenders, by tracking their locations.
• Attorney General duties include: evaluating homeless federal arrestees for civil commitment as sexually dangerous persons (under 18 U.S.C. § 4248); funding encampment removals via the Emergency Federal Law Enforcement Assistance program; directing resources to avoid releasing mentally ill detainees due to lack of beds in jails or hospitals; and requiring release plans for housing from federal prisons and reentry centers.

• Redirecting Federal Resources Toward Effective Methods of Addressing Homelessness (Section 2(c)):
• HHS Secretary must ensure Substance Abuse and Mental Health Services Administration grants fund only evidence-based programs for substance use prevention, treatment, and recovery, excluding "harm reduction" or "safe consumption" efforts that enable illegal drug use.
• Provide technical assistance for assisted outpatient treatment to help transition people from streets to private housing.
• Ensure federal funds for health centers and behavioral health clinics support services that reduce homelessness, including crisis intervention.
• Attorney General must prioritize funding for drug courts and mental health courts (specialized courts that divert eligible offenders to treatment instead of jail) to enhance public safety.

• Increasing Accountability and Safety in America's Homelessness Programs (Section 2(d)):
• HHS and HUD Secretaries must boost accountability in homelessness grants by ending support for "housing first" policies (providing housing without requiring treatment or sobriety), increasing grantee competition, and enforcing higher standards for reducing homelessness and improving safety.
• Require participants in federal housing programs with substance use or mental health issues to engage in treatment as a condition.
• Attorney General and HUD must review and penalize (via lawsuits or funding freezes) recipients of federal aid that operate drug injection sites, distribute drug paraphernalia (items for drug use), or allow illicit drugs on their property, checking for violations of laws like the Controlled Substances Act (21 U.S.C. § 856).
• Allow federally funded programs to house only women and children separately and prevent sex offenders from being placed with unrelated children.
• Mandate or allow collection and sharing of health data from program participants with law enforcement (where legally permitted) to improve care and connections to resources.

• Rule of Construction (Section 2(e)):
• Clarifies that the bill does not affect the Office of Management and Budget's roles or create enforceable rights against the federal government.

Significant Changes to Existing Law

• Seeks to overturn judicial barriers to civil commitments, potentially expanding involuntary treatment options beyond current precedents that prioritize individual rights.
• Introduces grant priorities favoring enforcement of anti-vagrancy and anti-drug laws, shifting from neutral allocation to rewarding strict compliance.
• Prohibits federal funding for harm reduction programs and "housing first" without accountability, redirecting toward mandatory treatment models.
• Enhances enforcement against drug-related activities in federally funded programs, including new reviews and penalties for violations.
• Strengthens sex offender tracking for the homeless and segregates housing in assistance programs, altering operational rules for grantees.
• Requires data collection and sharing in homelessness programs, which may expand federal oversight of personal health information.

Potential Impacts

• Government Agencies: The Department of Justice (DOJ), HHS, and HUD will face increased administrative duties, such as grant reviews, legal actions, and technical assistance, potentially straining resources but aligning funding with public safety goals. State and local governments may receive more grants for compliant programs but could need to adopt new enforcement and treatment standards.
• Citizens: Homeless individuals, those with mental illness or substance use disorders, and sex offenders may experience more civil commitments, mandatory treatment, and encampment removals, aiming to improve access to care but risking involuntary interventions. Urban residents could see reduced street disorder through stricter enforcement, enhancing public safety.
• International Relations: No direct impacts mentioned, as the bill focuses on domestic street-level issues.

Main Stakeholders Affected

• Federal Agencies: DOJ (Attorney General), HHS, HUD, and Department of Transportation, responsible for implementation, funding, and enforcement.
• State and Local Governments: Eligible for prioritized grants but must enforce specified laws and adopt treatment standards to qualify.
• Homeless Individuals and Vulnerable Populations: People experiencing homelessness, mental illness, substance use disorders, or sex offender status, who may face increased oversight, commitments, and treatment requirements.
• Program Grantees and Providers: Organizations receiving federal homelessness, health, and housing funds, subject to new accountability measures, data requirements, and potential funding cuts for non-compliance.
• Law Enforcement and Courts: Involved in evaluations, encampment removals, and specialized courts, with expanded roles in civil commitments and data sharing.
• Urban Communities: Residents and businesses benefiting from reduced vagrancy and disorder but potentially affected by enforcement actions.

Notable Legal, Constitutional, or Political Implications

• Legal: May prompt challenges to consent decrees and precedents, potentially leading to litigation over civil commitment standards. Introduces penalties for federal fund recipients violating drug laws, expanding DOJ's enforcement scope. Data collection raises privacy concerns under laws like HIPAA (Health Insurance Portability and Accountability Act, which protects health information).
• Constitutional: Civil commitments and mandatory treatment could implicate due process rights (Fourteenth Amendment protections against arbitrary government actions) and liberty interests, especially for involuntary placements. Enforcement of vagrancy laws might face Eighth Amendment scrutiny (prohibiting cruel and unusual punishment) if seen as punishing poverty.
• Political: Emphasizes a law-and-order approach prioritizing enforcement and treatment over permissive policies, which could polarize debates on homelessness and mental health. It signals a federal push for state/local alignment on public safety, potentially influencing elections and policy in urban areas.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Carter, Earl L. "Buddy" [R-GA-1]

Cosponsors (3)

Rep. Tenney, Claudia [R-NY-24], Rep. Moore, Barry [R-AL-1], Rep. Steube, W. Gregory [R-FL-17]

Recent Actions

• 2025-08-05: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Financial Services, 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.
• 2025-08-05: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Financial Services, 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.
• 2025-08-05: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Financial Services, 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.
• 2025-08-05: Introduced in House
• 2025-08-05: Introduced in House

Bill Versions

• Make Our Streets Safe Again Act — issued 2025-08-05 — PDF (10 pages)