[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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