[Congressional Record Volume 167, Number 81 (Tuesday, May 11, 2021)]
[House]
[Pages H2167-H2168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1500
BEHAVIORAL INTERVENTION GUIDELINES ACT OF 2021
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
bill (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 purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2877
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Guthrie) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 2877.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 2877, the Behavioral Intervention
Guidelines Act.
Madam Speaker, behavioral intervention teams are multidisciplinary
teams that support students' mental health and emotional well-being by
detecting patterns, trends, and disturbances in behavior, and by
conducting outreach to students who are unable to manage distress in
healthy and constructive ways. These teams are already active in some
educational settings, such as Wichita State University, Southern
Connecticut State University, and Rochester Institute of Technology.
This bill requires the Substance Abuse and Mental Health
Administration to develop best practices for schools that have or want
to have behavioral intervention teams. These best practices would cover
the proper use of these teams and how to intervene and avoid
inappropriate use of mental health assessments and law enforcement.
These best practices would then be required to be posted publicly on
the Department of Health and Human Services website. HHS would also
help to provide technical assistance to entities implementing these
best practices.
We know that three in four children between the ages of 3 and 17 with
depression also have anxiety. Anxiety and depression are the top two
mental health concerns among college students as well. Unfortunately,
recent
[[Page H2168]]
data found that over 80 percent of young people with mental health
needs did not receive the care that they needed.
Young people in crisis should be able to access the care they need or
be able to find support from peers who can direct them toward
appropriate services. This bill helps bridge that gap.
The champions of this legislation, Representatives Ferguson, Peters,
Burgess, and Panetta, worked together to help provide these behavioral
health prevention tools to schools and colleges around the country, and
I applaud them for their bipartisan effort.
Madam Speaker, I urge my colleagues to support this bill, and I
reserve the balance of my time.
Mr. GUTHRIE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in strong support of H.R. 2877, the
Behavioral Intervention Guidelines Act of 2021 introduced by
Representatives Ferguson, Burgess, Peters, and Panetta.
This important bill authorizes the Substance Abuse and Mental Health
Services Administration to develop best practices for establishing and
using behavioral intervention teams in elementary schools, secondary
schools, and institutions of higher education.
Behavioral intervention teams are multidisciplinary teams that
support students' mental health and wellness by identifying students
experiencing stress, anxiety, or other behavioral disturbances, and
conducting intervention and outreach to these students to help manage
risk. These teams are already active in some educational settings, such
as Texas Tech and the University of California, Los Angeles.
By acting in a proactive manner to assist students and connect them
with needed resources, behavioral intervention teams help schools
create a safe environment for their students and improve mental health
outcomes in young people.
Madam Speaker, I yield 4 minutes to the gentleman from Georgia (Mr.
Ferguson).
Mr. FERGUSON. Madam Speaker, I rise today in strong support of H.R.
2877, the BIG Act.
Without question, we have all seen how the mental health issues in
America have been growing, and they have been exacerbated by the COVID-
19 pandemic. The urgency to address this crisis has become more dire as
we are seeing how fear, anxiety, financial problems, and particularly
isolation have compounded these issues. We see this across the board
but particularly with our young people.
We must tackle these issues head-on, and that is why I am honored to
support the BIG Act.
This straightforward bill works to provide local communities and
educational systems with the tools that they need to help identify
mental health needs before it is too late.
As a healthcare provider, I can tell my colleagues that early
intervention is vitally important, and putting teams together that
recognize the needs and see the problems with students before it is too
late is important. The last thing that we want to see our students go
through is the process of dropping out of school because of issues or
problems with behavior or with their classmates. Most importantly, we
never want to see them do harm to themselves or to others.
This bill provides the resources and the best practices from around
the country in one site where school districts and different
organizations can come together to put together the programs that will
work best for them.
Congress must step up to confront this challenge, but doing so
successfully will require input from an awful lot of people. That is
what this bill does.
This is a bipartisan, bicameral bill. It has widespread support from
places like Texas A&M; as you mentioned, the University of California;
and in my home district, Columbus State University. It has the support
of mental health organizations, mental health providers, and other
individuals across this country.
Together, we can and should increase the mental health well-being of
our fellow Americans.
National Mental Health Awareness Month is going on, and it is so
important that we act to improve access across our country to high-
quality, evidence-based mental healthcare services. That is why I ask
my colleagues to join in supporting the BIG Act.
Mr. GUTHRIE. Madam Speaker, what we have talked about is that this
creates a safe environment for students. I think all Americans want a
safer environment for all of our students and to improve the mental
health outcomes of young people.
Madam Speaker, that is what this bill focuses on, and I yield back
the balance of my time.
Mr. PALLONE. Madam Speaker, I urge support for this bill. This is
just another tool to help provide behavioral services--in this case, to
schools and colleges around the country. I think it deserves our
support.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 2877.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. PALLONE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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