[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Enrolled Bill (ENR)]
S.1502
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
An Act
To make Federal law enforcement officer peer support communications
confidential, 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 ``Confidentiality Opportunities for
Peer Support Counseling Act'' or the ``COPS Counseling Act''.
SEC. 2. CONFIDENTIALITY OF PEER SUPPORT COMMUNICATIONS.
(a) Definitions.--In this section:
(1) Law enforcement agency.--The term ``law enforcement
agency'' means a Federal agency that employs a law enforcement
officer.
(2) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given the term ``Federal law enforcement
officer'' in section 115 of title 18, United States Code.
(3) Peer support communication.--The term ``peer support
communication'' includes--
(A) an oral or written communication made in the course of
a peer support counseling session;
(B) a note or report arising out of a peer support
counseling session;
(C) a record of a peer support counseling session; or
(D) with respect to a communication made by a peer support
participant in the course of a peer support counseling session,
another communication, regarding the first communication, that
is made between a peer support specialist and--
(i) another peer support specialist;
(ii) a staff member of a peer support counseling
program; or
(iii) a supervisor of the peer support specialist.
(4) Peer support counseling program.--The term ``peer support
counseling program'' means a program provided by a law enforcement
agency that provides counseling services from a peer support
specialist to a law enforcement officer of the agency.
(5) Peer support counseling session.--The term ``peer support
counseling session'' means any counseling formally provided through
a peer support counseling program between a peer support specialist
and 1 or more law enforcement officers.
(6) Peer support participant.--The term ``peer support
participant'' means a law enforcement officer who receives
counseling services from a peer support specialist.
(7) Peer support specialist.--The term ``peer support
specialist'' means a law enforcement officer who--
(A) has received training in--
(i) peer support counseling; and
(ii) providing emotional and moral support to law
enforcement officers who have been involved in or exposed
to an emotionally traumatic experience in the course of
employment; and
(B) is designated by a law enforcement agency to provide
the services described in subparagraph (A).
(b) Prohibition.--Except as provided in subsection (c), a peer
support specialist or a peer support participant may not disclose the
contents of a peer support communication to an individual who was not a
party to the peer support communication.
(c) Exceptions.--Subsection (b) shall not apply to a peer support
communication if--
(1) the peer support communication contains--
(A) an explicit threat of suicide by an individual in which
the individual--
(i) shares--
(I) an intent to die by suicide; and
(II) a plan for a suicide attempt or the means by
which the individual plans to carry out a suicide
attempt; and
(ii) does not solely share that the individual is
experiencing suicidal thoughts;
(B) an explicit threat by an individual of imminent and
serious physical bodily harm or death to another individual;
(C) information--
(i) relating to the abuse or neglect of--
(I) a child; or
(II) an older or vulnerable individual; or
(ii) that is required by law to be reported; or
(D) an admission of criminal conduct;
(2) the disclosure is permitted by each peer support
participant who was a party to, as applicable--
(A) the peer support communication;
(B) the peer support counseling session out of which the
peer support communication arose;
(C) the peer support counseling session of which the peer
support communication is a record; or
(D) the communication made in the course of a peer support
counseling session that the peer support communication is
regarding;
(3) a court of competent jurisdiction issues an order or
subpoena requiring the disclosure of the peer support
communication; or
(4) the peer support communication contains information that is
required by law to be disclosed.
(d) Rule of Construction.--Nothing in subsection (b) shall be
construed to prohibit the disclosure of--
(1) an observation made by a law enforcement officer of a peer
support participant outside of a peer support counseling session;
or
(2) knowledge of a law enforcement officer about a peer support
participant not gained from a peer support communication.
(e) Disclosure of Rights.--Before the initial peer support
counseling session of a peer support participant, a peer support
specialist shall inform the peer support participant in writing of the
confidentiality requirement under subsection (b) and the exceptions to
the requirement under subsection (c).
SEC. 3. BEST PRACTICES AND SUPPORT.
(a) Definitions.--In this section:
(1) First responder.--The term ``first responder'' has the
meaning given the term ``public safety officer'' in section 1204 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10284).
(2) First responder agency.--The term ``first responder
agency'' means a Federal, State, local, or Tribal agency that
employs or otherwise engages the services of a first responder.
(3) Peer support counseling program.--The term ``peer support
counseling program'' means a program provided by a first responder
agency that provides counseling services from a peer support
specialist to a first responder of the first responder agency.
(4) Peer support participant.--The term ``peer support
participant'' means a first responder who receives counseling
services from a peer support specialist.
(5) Peer support specialist.--The term ``peer support
specialist'' means a first responder who--
(A) has received training in--
(i) peer support counseling; and
(ii) providing emotional and moral support to first
responders who have been involved in or exposed to an
emotionally traumatic experience in the course of the
duties of those first responders; and
(B) is designated by a first responder agency to provide
the services described in subparagraph (A).
(b) Report on Best Practices.--Not later than 2 years after the
date of enactment of this Act, the Attorney General, in coordination
with the Secretary of Health and Human Services, shall develop a report
on best practices and professional standards for peer support
counseling programs for first responder agencies that includes--
(1) advice on--
(A) establishing and operating peer support counseling
programs; and
(B) training and certifying peer support specialists;
(2) a code of ethics for peer support specialists;
(3) recommendations for continuing education for peer support
specialists;
(4) advice on disclosing to first responders any
confidentiality rights of peer support participants; and
(5) information on--
(A) the different types of peer support counseling programs
in use by first responder agencies;
(B) any differences in peer support counseling programs
offered across categories of first responders; and
(C) the important role senior first responders play in
supporting access to mental health resources.
(c) Implementation.--The Attorney General shall support and
encourage the implementation of peer support counseling programs in
first responder agencies by--
(1) making the report developed under subsection (b) publicly
available on the website of the Department of Justice; and
(2) providing a list of peer support specialist training
programs on the website of the Department of Justice.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that Federal, State, local, and Tribal
police officers, sheriffs, and other law enforcement officers across
the United States who serve with valor, dignity, and integrity deserve
the gratitude and respect of Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.