I 
116TH CONGRESS 
1ST SESSION 
H. R. 838 
To develop a national strategy to prevent targeted violence through behavioral 
threat assessment and management, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2019 
Mr. BABIN (for himself and Mrs. DEMINGS) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To develop a national strategy to prevent targeted violence 
through behavioral threat assessment and management, 
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 ‘‘Threat Assessment, 
Prevention, and Safety Act of 2019’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) incidents of targeted violence are impacting 
our Nation frequently and indiscriminately; 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means the Committee on Appropriations, the 
Committee on Homeland Security and the Com-
mittee on the Judiciary of the House of Representa-
tives and the Committee on Appropriations, the 
Committee on Homeland Security and Governmental 
Affairs, and the Committee on the Judiciary of the 
Senate. 
(2) BEHAVIORAL
THREAT
ASSESSMENT
AND 
MANAGEMENT.—The term ‘‘behavioral threat assess-
ment and management’’ means the systematic and 
evidence-based process of— 
(A) identifying individuals who are exhib-
iting patterns of concerning behavior that indi-
cate an interest, motive, intention, or capability 
of carrying out an act of violence; 
(B) investigating and gathering informa-
tion from multiple sources to assess whether an 
individual described in subparagraph (A) poses 
a threat, based on articulable facts; and 
(C) the subsequent management of such a 
threat, if necessary. 
(3) DEFINITIONS RELATED TO CERTAIN EDU-
CATIONAL TERMS.—The terms ‘‘early childhood edu-
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cation program’’, ‘‘elementary school’’, ‘‘local edu-
cational agency’’, ‘‘secondary school’’, and ‘‘State 
educational agency’’ have the meanings given those 
terms in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(4) EDUCATIONAL ENTITIES.—The term ‘‘edu-
cational entities’’ means— 
(A) a State educational agency; 
(B) a local educational agency; 
(C) an institution of higher education; 
(D) an elementary school or secondary 
school; 
(E) an early childhood education program; 
or 
(F) a postsecondary vocational institution. 
(5) FUSION CENTER.—The term ‘‘fusion cen-
ter’’ has the meaning given the term in section 
210A(j)(1) of the Homeland Security Act of 2002 (6 
U.S.C. 124h(j)(1)). 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(7) 
MENTAL
HEALTH
SERVICE
PROFES-
SIONAL.—The term ‘‘mental health service profes-
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sional’’ has the meaning given the term in section 
799B of the Public Health Service Act (42 U.S.C. 
295p). 
(8) NONGOVERNMENTAL ORGANIZATION.—The 
term ‘‘nongovernmental organization’’ means an or-
ganization that is not a Federal, State, or local gov-
ernmental agency. 
(9) POSTSECONDARY
VOCATIONAL
INSTITU-
TION.—The term ‘‘postsecondary vocational institu-
tion’’ has the meaning given such term in section 
102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c)). 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Homeland Security. 
(11) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands. 
(12) TARGETED
VIOLENCE.—The term ‘‘tar-
geted violence’’ means any incident of predatory vio-
lence with respect to which an identifiable individual 
or group focuses an attack on a particular target. 
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SEC. 4. ESTABLISHMENT OF A JOINT BEHAVIORAL THREAT 
ASSESSMENT 
AND 
MANAGEMENT 
TASK 
FORCE. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall establish 
within the Department of Homeland Security a Joint Be-
havioral Threat Assessment and Management Task Force 
(referred to in this Act as the ‘‘Task Force’’). 
(b) DEVELOPMENT OF NATIONAL STRATEGY.— 
(1) IN GENERAL.—It shall be the duty of the 
Task Force to provide recommendations to the ap-
propriate committees of Congress and the Secretary 
on the development and implementation of a na-
tional strategy for preventing targeted violence 
through behavioral threat assessment and manage-
ment (referred to in this Act as the ‘‘national strat-
egy’’). 
(2) REQUIREMENT.—In developing the national 
strategy required under paragraph (1), the Task 
Force shall take into account the different needs of 
communities across the United States. 
(3) RULE
OF
CONSTRUCTION.—The national 
strategy developed under this subsection shall not be 
construed to be a national standard. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.— 
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(A) IN GENERAL.—The Task Force shall 
be composed of not more than 24 members as 
follows: 
(i) The Secretary or a designee with a 
position classified at GS–15 or above. 
(ii) Not more than 2 representatives 
of a nongovernmental organization that is 
determined by the Secretary to have exper-
tise in behavioral threat assessment and 
management. 
(iii) Not more than 2 mental health 
service professionals with clinical experi-
ence who are determined by the Secretary 
to have expertise in behavioral threat as-
sessment and management. 
(iv) One State or local prosecutor who 
is determined by the Secretary to have ex-
pertise in behavioral threat assessment and 
management. 
(v) Not more than 2 representatives 
from an educational entity who are deter-
mined by the Secretary to have expertise in 
behavioral threat assessment and manage-
ment. 
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(vi) Not more than 2 representatives 
from local behavioral threat assessment 
and management units who are determined 
by the Secretary to have expertise in be-
havioral threat assessment and manage-
ment. 
(vii) Not more than 2 representatives 
from State behavioral threat assessment 
and management units who are determined 
by the Secretary to have expertise in be-
havioral threat assessment and manage-
ment. 
(viii) One expert in behavioral threat 
assessment and management appointed by 
the head of each of the following entities: 
(I) The National Threat Assess-
ment Center of the United States Se-
cret Service. 
(II) The Protective Intelligence 
and 
Assessment 
Division 
of 
the 
United States Secret Service. 
(III) The Behavioral Analysis 
Unit–1 of the Critical Incident Re-
sponse Group of the Federal Bureau 
of Investigation. 
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(IV) The Joint Terrorism Task 
Force of the Federal Bureau of Inves-
tigation. 
(V) The Office of Protective In-
telligence of the United States Mar-
shals Service of the Department of 
Justice. 
(VI) The Office on Violence 
Against Women of the Department of 
Justice. 
(VII) The Naval Criminal Inves-
tigative Service of the Department of 
the Navy. 
(VIII) The Threat Assessment 
Section of the United States Capitol 
Police. 
(IX) The Department of Edu-
cation. 
(X) The Department of Health 
and Human Services. 
(XI) The Department of Vet-
erans Affairs. 
(XII) The Office of Protective 
Intelligence Investigations of the Dip-
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lomatic Security Service of the De-
partment of State. 
(B) REPRESENTATION.—If a member of 
the Task Force has expertise in more than 1 of 
the subject matter areas described in subpara-
graph (A), the member shall be considered a 
representative of only 1 subject matter area. 
(2) CHAIRPERSON.—The Secretary shall ap-
point a chairperson of the Task Force. 
(3) CONSULTATION.—The Task Force may, as 
the chairperson determines necessary, consult with 
experts in behavioral threat assessment and manage-
ment from Federal, State, local, and Tribal govern-
ment agencies and private entities. 
(4) TERM OF MEMBERSHIP.— 
(A) TERM OF MEMBERS.—Members of the 
Task Force shall serve until the head of the re-
spective entity of the member appoints a new 
representative to the Task Force. 
(B) TERM OF CHAIRPERSON.—The chair-
person shall serve until the Secretary appoints 
a new chairperson. 
(5) MEMBER COMPENSATION.—Members of the 
Task Force may not receive additional pay, allow-
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ances, or benefits by reason of their service on the 
Task Force. 
(d) OPERATING RULES AND PROCEDURES.— 
(1) RULES AND PROCEDURES.—Any member of 
the Task Force may propose to develop or change 
existing operating rules and procedures of the Task 
Force consistent with the functions of the Task 
Force. Any change to such operating rules and pro-
cedures shall be adopted upon a majority vote of the 
Task Force. 
(2) FINDINGS
AND
SOLUTIONS.—The Task 
Force shall adopt recommendations for the imple-
mentation of the national strategy only upon a ma-
jority vote of the Task Force. 
(3) VOTING.—Each member of the Task Force 
shall have one vote. 
(4) QUORUM.—Two-thirds of the members of 
the Task Force shall be present to constitute a 
quorum, but a lesser number may hold meetings. 
(e) STAFF DIRECTOR AND STAFF.— 
(1) STAFF
DIRECTOR.—The chairperson may 
appoint a staff director, who shall be paid at a rate 
not to exceed the rate of basic pay for level IV of 
the Executive Schedule under section 5315 of title 
5, United States Code. 
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(2) STAFF.—The staff director may appoint not 
more than 3 additional staff personnel. 
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The staff of the Task Force shall be ap-
pointed subject to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and shall be paid in accordance with the 
provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and Gen-
eral Schedule pay rates. 
(4) EXPERTS AND CONSULTANTS.—The Task 
Force and the staff director, acting with the ap-
proval of the Task Force, may procure temporary 
and intermittent services pursuant to section 
3109(b) of title 5, United States Code. 
(5) STAFF OF FEDERAL AGENCIES.—Upon the 
request of the Secretary, the head of any Federal 
department or agency may detail, on a reimbursable 
basis, any of the personnel of such Federal depart-
ment or agency to the Task Force to assist it in car-
rying out the duties of the Task Force under this 
section. 
(f) POWERS OF THE TASK FORCE.—Any member of 
the Task Force may, if authorized by the Task Force, take 
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any action which the Task Force is authorized to take by 
this section. 
(g) OBTAINING OFFICIAL DATA.—Subject to applica-
ble privacy laws and regulations, the Task Force may se-
cure directly from any Federal department or agency in-
formation necessary to enable it to carry out the duties 
of the Task Force under this section. Upon request of the 
chairperson of the Task Force, the head of such Federal 
department or agency shall furnish such information to 
the Task Force. 
(h) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Task Force, the Administrator of Gen-
eral Services shall provide to the Task Force, on a reim-
bursable basis, the administrative support services nec-
essary for the Task Force to carry out the duties of the 
Task Force under this section. 
(i) CONTRACT AUTHORITY.—To the extent and in the 
amounts made available in advance in appropriations Acts, 
the Task Force may contract with and compensate State, 
local, and Tribal government agencies and private entities 
or persons for services necessary to carry out the duties 
of the Task Force under this section. 
(j) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the Task Force shall submit to 
the appropriate committees of Congress and the Secretary 
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implement the national strategy, which shall include the 
following: 
(1) Information relating to the number of 
detailees hired (on a full-time equivalent basis). 
(2) Information relating to the number of, and 
use of, contracts entered into with public agencies or 
private entities, as required under subsection (d). 
(3) Information relating to the number of enti-
ties participating in the Behavioral Threat Assess-
ment and Management Training Program under sec-
tion 5(3). 
(4) Information relating to the number of edu-
cational entities participating in the Behavioral 
Threat Assessment and Management School Vio-
lence Prevention Program under section 5(4). 
(5) Information relating to the number of Fed-
eral, State, local, and Tribal law enforcement enti-
ties participating in the Behavioral Threat Assess-
ment and Management Unit Support Program 
under section 5(2). 
(6) Information relating to the number of 
States participating in the Behavioral Threat As-
sessment and Management Grant Program under 
section 8. 
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