117TH CONGRESS 
1ST SESSION H. R. 2877 
AN ACT 
To amend the Public Health Service Act to direct the Sec-
retary 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Behavioral Interven-
tion Guidelines Act of 2021’’. 
SEC. 2. BEST PRACTICES FOR BEHAVIORAL INTERVENTION 
TEAMS. 
The Public Health Service Act is amended by insert-
ing after section 520G of such Act (42 U.S.C. 290bb–38) 
the following new section: 
‘‘SEC. 520H. BEST PRACTICES FOR BEHAVIORAL INTERVEN-
TION TEAMS. 
‘‘(a) IN GENERAL.—The Secretary shall identify and 
facilitate the development of best practices to assist ele-
mentary schools, secondary schools, and institutions of 
higher education in establishing and using behavioral 
intervention teams. 
‘‘(b) ELEMENTS.—The best practices under sub-
section (a)(1) shall include guidance on the following: 
‘‘(1) How behavioral intervention teams can op-
erate 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 interven-
tions, 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 restric-
tions on law enforcement’s jurisdiction over 
criminal matters; 
‘‘(C) attempts to substitute the behavioral 
intervention process in place of a criminal proc-
ess, or impede a criminal process, when an indi-
vidual’s behavior has potential criminal implica-
tions; 
‘‘(D) endangerment of an individual’s pri-
vacy by failing to ensure that all applicable
Federal and State privacy laws are fully com-
plied with; or 
‘‘(E) inappropriate referrals to, or involve-
ment 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 As-
sessment 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 par-
ents of students; 
‘‘(5) local law enforcement agencies and campus 
law enforcement administrators; 
‘‘(6) privacy experts; and 
‘‘(7) other education and mental health profes-
sionals as the Secretary deems appropriate. 
‘‘(d) PUBLICATION.—Not later than 2 years after the 
date of enactment of this section, the Secretary shall pub-
lish the best practices under subsection (a)(1) on the inter-