COPS Counseling Act
PL 117-60 (S.1502), enacted 11/18/2021

[117th Congress Public Law 60]
[From the U.S. Government Publishing Office]



[[Page 1470]]

                   CONFIDENTIALITY OPPORTUNITIES FOR 
                       PEER SUPPORT COUNSELING ACT

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Public Law 117-60
117th Congress

                                 An Act


 
  To make Federal law enforcement officer peer support communications 
   confidential, and for other purposes. <<NOTE: Nov. 18, 2021 -  [S. 
                                1502]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Confidentiality 
Opportunities for Peer Support Counseling Act.>> 
SECTION 1. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Confidentiality Opportunities for 
Peer Support Counseling Act'' or the ``COPS Counseling Act''.
SEC. 2. <<NOTE: 34 USC 50901.>>  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.

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            (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--

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            (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. <<NOTE: 34 USC 50902.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Recommenda- tions.>>  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;

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                    (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) <<NOTE: Web postings.>>  Implementation.--The Attorney General 
shall support and encourage the implementation of peer support 
counseling programs in first responder agencies by--
            (1) <<NOTE: Public information.>>  making the report 
        developed under subsection (b) publicly available on the website 
        of the Department of Justice; and
            (2) <<NOTE: List.>>  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.

    Approved November 18, 2021.

LEGISLATIVE HISTORY--S. 1502:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            June 7, considered and passed Senate.
            Oct. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
            Nov. 18, Presidential remarks.

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