117-s-1502117th CongressWALLET

COPS Counseling Act

Sponsored By: Senator Cortez Masto, Catherine [D-NV]

Became Law

Summary

This law creates strong confidentiality protections for peer support counseling communications for federal law enforcement and extends a similar framework to first responders.

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  • Law enforcement officers: Peer support communications, including spoken or written session notes, records, and related messages, are protected from disclosure by peer specialists or participants except for narrow exceptions such as explicit suicide intent with a plan, an explicit imminent threat of serious physical harm or death, child or vulnerable adult abuse, admissions of criminal conduct, participant consent, court orders, or other legal reporting requirements.
  • First responders: The confidentiality framework covers first responders and requires the Attorney General, with the Secretary of Health and Human Services, to publish a best-practices and professional standards report within two years addressing training, a code of ethics, continuing education, program types, and how senior staff can help peers access mental health resources.
  • Agencies and implementation: Peer support specialists must give written notice to participants about confidentiality and the exceptions before the initial session, and the Department of Justice must publicly post the report and a list of peer support specialist training programs to support implementation.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Confidential peer counseling for federal officers

Federal peer support sessions for law enforcement are confidential. It covers spoken and written communications, session notes, and related program communications. Specialists and participants cannot share what was said, except in narrow cases: a suicidal plan, imminent threats, reportable abuse or neglect, an admission of a crime, consent by all parties, a court order or subpoena, or when another law requires disclosure. Before the first session, the specialist gives a written notice that explains these rules and exceptions. The rule does not cover things the specialist learns outside the session.

Who qualifies for first responder peer support

The law defines who counts as a first responder and what a peer support program is. It covers Federal, State, local, and Tribal first responder agencies. A peer support specialist is a trained first responder chosen by the agency. These definitions are in effect now.

Sponsors & CoSponsors

Sponsor

Cortez Masto, Catherine [D-NV]

NV • D

Cosponsors

  • Sen. Grassley, Chuck [R-IA]

    IA • R

    Sponsored 4/29/2021

  • Sen. Leahy, Patrick J. [D-VT]

    VT • D

    Sponsored 4/29/2021

  • Sen. Young, Todd [R-IN]

    IN • R

    Sponsored 4/29/2021

  • Sen. Tillis, Thomas [R-NC]

    NC • R

    Sponsored 4/29/2021

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 5/11/2021

  • Sen. Stabenow, Debbie [D-MI]

    MI • D

    Sponsored 5/11/2021

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 5/13/2021

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 5/13/2021

  • Sen. Ossoff, Jon [D-GA]

    GA • D

    Sponsored 5/13/2021

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 5/13/2021

Roll Call Votes

All Roll Calls

Yes: 424 • No: 3

house vote • 10/27/2021

On Motion to Suspend the Rules and Pass

Yes: 424 • No: 3

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