[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1502 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
1st Session
S. 1502
_______________________________________________________________________
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.
Passed the Senate June 7, 2021.
Attest:
Secretary.
117th CONGRESS
1st Session
S. 1502
_______________________________________________________________________
AN ACT
To make Federal law enforcement officer peer support communications
confidential, and for other purposes.