[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.