Forensic Assertive Community Treatment Pilot Program Act of 2025

Constitutional concerns with the original

1. The bill's grant program may exceed Congress's enumerated powers if it does not tie funding to a specific enumerated power such as the Commerce Clause or the Spending Clause.
2. The bill does not specify a funding source, raising concerns under Article I, Section 9, Clause 7 (Appropriations Clause) regarding the requirement that money be drawn from the Treasury only pursuant to appropriations made by law.
3. The bill lacks a sunset clause, which could lead to indefinite federal involvement in a state-level public health and criminal justice function, potentially violating the Tenth Amendment.

Solution text

Operative provisions

Bipartisan rationale

Democratic priorities honored: Expands access to community-based mental health services, reduces incarceration of individuals with mental illness, and supports evidence-based treatment. Republican priorities honored: Limits federal spending to existing funds (Crime Victims Fund), includes a sunset clause to prevent permanent federal programs, and emphasizes state and local control through grants to eligible entities.

Constitutional citations

• → Article I, Section 8, Clause 1 (Spending Clause)
• → Article I, Section 9, Clause 7 (Appropriations Clause)
• → Tenth Amendment

Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Amendment X