Union Calendar No. 440
116th CONGRESS 2d Session |
[Report No. 116–540]
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.
June 27, 2019
Mr. Ferguson (for himself, Mr. Burgess, Mr. Kennedy, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Energy and Commerce
September 29, 2020
Additional sponsors: Mr. Peters and Mr. Bilirakis
September 29, 2020
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 27, 2019]
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,
This Act may be cited as the “Behavioral Intervention Guidelines Act of 2020”.
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, acting through the Assistant Secretary, shall develop and periodically update—
“(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, including any individual of concern.
“(2) The use of behavioral intervention teams to identify individuals of concern, 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 of concern—
“(4) How behavioral intervention teams can avoid—
“(D) attempting to substitute the behavioral intervention process in place of a criminal process, or impede a criminal process, when an individual of concern’s behavior has potential criminal implications;
“(c) Consultation.—In carrying out subsection (a)(1), the Secretary shall consult with—
“(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) and the list under subsection (a)(2) on a publicly accessible 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:
“(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 (20 U.S.C. 7801).
“(3) The term ‘individual of concern’ means an individual whose behavior indicates a potential threat to self or others.
“(4) The term ‘institution of higher education’ has the meaning given to such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
“(5) 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.
Union Calendar No. 440 | |||||
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[Report No. 116–540] | |||||
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. | |||||
September 29, 2020 | |||||
Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |