I 
117TH CONGRESS 
1ST SESSION H. R. 2877 
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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2021 
Mr. FERGUSON (for himself, Mr. BURGESS, Mr. PETERS, and Mr. PANETTA) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
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’’. 
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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— 
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‘‘(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 
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‘‘(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-
net website of the Department of Health and Human 
Services. 
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‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to institutions of higher edu-
cation, 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 as-
sessing individuals exhibiting concerning behav-
iors, 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 in-
dividual and address the mental and behavioral 
health needs of individuals to reduce risk; and 
‘‘(C) provide information to students, par-
ents, and school employees on recognizing be-
havior 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. 
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‘‘(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 vio-
lence based on evidence-based literature.’’. 
Æ 
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