[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1383 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1383

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2021

 Mr. Cornyn (for himself and Mr. King) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   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.''.
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