I 
116TH CONGRESS 
2D SESSION 
H. R. 6694 
To make Federal law enforcement officer peer support communications 
confidential, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2020 
Mr. TRONE (for himself and Mr. RESCHENTHALER) introduced the following 
bill; which was 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Confidentiality Oppor-
tunities for Peer Support Counseling Act’’ or the ‘‘COPS 
Counseling Act’’. 
SEC. 2. CONFIDENTIALITY OF PEER SUPPORT COMMUNICA-
TIONS. 
(a) DEFINITIONS.—In this section: 
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(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 com-
munication, 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 
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(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 sup-
port 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 
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emotionally traumatic experience in the 
course of employment; and 
(B) is designated by a law enforcement 
agency to provide the services described in sub-
paragraph (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 commu-
nication 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 se-
rious 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 indi-
vidual; or 
(ii) that is required by law to be re-
ported; or 
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(D) an admission of criminal conduct; 
(2) the disclosure is permitted by each peer 
support participant who was a party to, as applica-
ble— 
(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 sub-
section (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. 
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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 sub-
paragraph (A). 
(b) REPORT ON BEST PRACTICES.—Not later than 
2 years after the date of enactment of this Act, the Attor-
ney General, in coordination with the Secretary of Health 
and Human Services, shall develop a report on best prac-
tices and professional standards for peer support coun-
seling programs for first responder agencies that in-
cludes— 
(1) advice on— 
(A) establishing and operating peer sup-
port counseling programs; and 
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(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 coun-
seling programs offered across categories of 
first responders; and 
(C) the important role senior first respond-
ers 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 sub-
section (b) publicly available on the website of the 
Department of Justice; and 
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(2) providing a list of peer support specialist 
training programs on the website of the Department 
of Justice. 
Æ 
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