[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3434 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3434

  To make Federal law enforcement officer peer support communications 
                 confidential, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2020

    Ms. Cortez Masto (for herself and Mr. Grassley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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 one 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;
                    (B) an explicit threat of imminent and serious 
                physical bodily harm or death to a clearly identified 
                or identifiable 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; or
            (3) a court of competent jurisdiction issues an order or 
        subpoena requiring the disclosure of the peer support 
        communication.
    (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 the 
                        first responder; 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.
                                 <all>