[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2877 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 2877
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2021
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To amend the Public Health Service Act to direct the Secretary of
Health and Human Services to develop best practices for the
establishment and use of behavioral intervention teams at schools, 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 ``Behavioral Intervention Guidelines
Act of 2021''.
SEC. 2. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.
The Public Health Service Act is amended by inserting after section
520G of such Act (42 U.S.C. 290bb-38) the following new section:
``SEC. 520H. BEST PRACTICES FOR BEHAVIORAL INTERVENTION TEAMS.
``(a) In General.--The Secretary shall identify and facilitate the
development of best practices to assist elementary schools, secondary
schools, and institutions of higher education in establishing and using
behavioral intervention teams.
``(b) Elements.--The best practices under subsection (a)(1) shall
include guidance on the following:
``(1) How behavioral intervention teams can operate
effectively from an evidence-based, objective perspective while
protecting the constitutional and civil rights of individuals.
``(2) The use of behavioral intervention teams to identify
concerning behaviors, implement interventions, and manage risk
through the framework of the school's or institution's rules or
code of conduct, as applicable.
``(3) How behavioral intervention teams can, when assessing
an individual--
``(A) access training on evidence-based, threat-
assessment rubrics;
``(B) ensure that such teams--
``(i) have trained, diverse stakeholders
with varied expertise; and
``(ii) use cross validation by a wide-range
of individual perspectives on the team; and
``(C) use violence risk assessment.
``(4) How behavioral intervention teams can help mitigate--
``(A) inappropriate use of a mental health
assessment;
``(B) inappropriate limitations or restrictions on
law enforcement's jurisdiction over criminal matters;
``(C) attempts to substitute the behavioral
intervention process in place of a criminal process, or
impede a criminal process, when an individual's
behavior has potential criminal implications;
``(D) endangerment of an individual's privacy by
failing to ensure that all applicable Federal and State
privacy laws are fully complied with; or
``(E) inappropriate referrals to, or involvement
of, law enforcement when an individual's behavior does
not warrant a criminal response.
``(c) Consultation.--In carrying out subsection (a)(1), the
Secretary shall consult with--
``(1) the Secretary of Education;
``(2) the Director of the National Threat Assessment Center
of the United States Secretary Service;
``(3) the Attorney General and the Director of the Bureau
of Justice Assistance;
``(4) teachers and other educators, principals, school
administrators, school board members, school psychologists,
mental health professionals, and parents of students;
``(5) local law enforcement agencies and campus law
enforcement administrators;
``(6) privacy experts; and
``(7) other education and mental health professionals as
the Secretary deems appropriate.
``(d) Publication.--Not later than 2 years after the date of
enactment of this section, the Secretary shall publish the best
practices under subsection (a)(1) on the internet website of the
Department of Health and Human Services.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to institutions of higher education, elementary schools, and
secondary schools to assist such institutions and schools in
implementing the best practices under subsection (a).
``(f) Definitions.--In this section:
``(1) The term `behavioral intervention team' means a team
of qualified individuals who--
``(A) are responsible for identifying and assessing
individuals exhibiting concerning behaviors,
experiencing distress, or who are at risk of harm to
self or others;
``(B) develop and facilitate implementation of
evidence-based interventions to mitigate the threat of
harm to self or others posed by an individual and
address the mental and behavioral health needs of
individuals to reduce risk; and
``(C) provide information to students, parents, and
school employees on recognizing behavior described in
this subsection.
``(2) The terms `elementary school', `parent', and
`secondary school' have the meanings given to such terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(3) The term `institution of higher education' has the
meaning given to such term in section 102 of the Higher
Education Act of 1965.
``(4) The term `mental health assessment' means an
evaluation, primarily focused on diagnosis, determining the
need for involuntary commitment, medication management, and on-
going treatment recommendations.
``(5) The term `violence risk assessment' means a broad
determination of the potential risk of violence based on
evidence-based literature.''.
Passed the House of Representatives May 13, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.