H.R. 4878 — MOSSA Act

This section directs the Attorney General (AG), in consultation with the Secretary of Health and Human Services (HHS), to (1) seek reversal of federal or state judicial precedents and termination of consent decrees impeding civil commitment of individuals with mental illness who pose risks to themselves or the public or are homeless and unable to care for themselves; and (2) assist state and local governments via technical guidance, grants, or other means to adopt flexible civil commitment, institutional treatment, and step-down standards for such individuals. It further directs the AG, HHS Secretary, Secretary of Housing and Urban Development (HUD), and Secretary of Transportation to prioritize discretionary grants for state and local governments that enforce prohibitions on open illicit drug use, urban camping and loitering, and urban squatting; address dangerous individuals with serious mental illness or substance use disorder—or homeless individuals unable to care for themselves—via assisted outpatient treatment (AOT), civil commitment, or other means; and comply with Sex Offender Registration and Notification Act (SORNA) requirements, including for homeless registered sex offenders. The section requires the AG to (1) ensure homeless individuals arrested for federal crimes are evaluated under 18 U.S.C. §4248 (i.e., civil commitment of sexually dangerous persons in federal custody) for certification as sexually dangerous; (2) make Emergency Federal Law Enforcement Assistance funds available for encampment removal where public safety is at risk; (3) assess federal resources to retain detainees with serious mental illness due to insufficient forensic bed capacity; and (4) enhance in-custody housing release plans for prisons and residential reentry centers under AG authority or funding. It directs the HHS Secretary to (1) limit Substance Abuse and Mental Health Services Administration (SAMHSA) discretionary grants for substance use disorder to evidence-based programs, excluding harm reduction or safe consumption efforts; (2) provide technical assistance to AOT programs for transitioning individuals with serious mental illness or addiction from streets into private housing; and (3) ensure federal funds for federally qualified health centers and certified community behavioral health clinics support services reducing homelessness, including crisis intervention. The AG must prioritize funding for drug courts and mental health courts serving public safety. Finally, this section requires the HHS and HUD Secretaries to increase accountability in homelessness assistance and transitional living grants by (1) ending support for "housing first" policies that deprioritize treatment, recovery, and self-sufficiency; (2) broadening applicant pools for competition; and (3) imposing higher standards for reducing homelessness and enhancing public safety.