[Congressional Record Volume 167, Number 98 (Monday, June 7, 2021)]
[Senate]
[Pages S3962-S3963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2115. Mr. SCHUMER (for Ms. Cortez Masto) proposed an amendment to
the bill S. 1502, to make Federal law enforcement officer peer support
communications confidential, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
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;
[[Page S3963]]
(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.
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