A short while ago the House passed the "Confidentiality Opportunities for Peer Support....

[George II]

....Counseling Act" in an overwhelmingly bipartisan vote of 424-3.

Those who voted "Nay" were Bush, Ocasio-Cortez, and Tlaib.

[SheltieLover]

1. K&R!

[Me.]

2. What Does The Act Involve?

[George II]

3. Here's a link to the text. As Congressional bills go, it's relatively short:

https://www.congress.gov/bill/117th-congress/senate-bill/1502/text

For the life of me I don't understand why anyone would vote against it. Obviously 99.3% of those who voted agree with me.

[Me.]

4. Can You Break IT Down To 2 Sentences Or Less

[George II]

5. I probably wouldn't do it justice. Here's a the short title:

This Act may be cited as the “Confidentiality Opportunities for Peer Support Counseling Act” or the “COPS Counseling Act”.

The bill passed the Senate by Unanimous Consent in June.

[bottomofthehill]

33. here is the whole thing, its not that long

117th CONGRESS
1st Session
S. 1502
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.

Passed the Senate June 7, 2021.
Attest:

[elleng]

6. To make Federal law enforcement officer peer support communications confidential.

[ret5hd]

7. Oooooohhh...so that's why the OP didn't want to say it.

[George II]

23. WHAT????

[lapucelle]

50. Wait...what? You think keeping counseling confidential is a bad thing?

[ret5hd]

51. None so blind...well, you know how it ends.

[lapucelle]

53. Not "seeing" a far-fetched conspiracy theory as the impetus for this legislation

is most likely an indication of reasonabilty.

[Torchlight]

8. From a quick read it looks to provide confidentiality

to federal law enforcement officers who use counseling services (which I'm guessing means mental or emotional therapy or some-such).

[Me.]

9. Thank You, Got It, Agree

they certainly go roundabout to say what you just did...in other words a 1000 to 10

[ret5hd]

10. From a quick read it looks to provide confidentiality

to anything a cop says to another cop…as long as that other cop is certified as a counselor.

Every cop gets certified, then presto…anything one cop says to another cop is confidential. Sorry, we can’t release those body cam recordings…they’re confidential.

[Torchlight]

11. I guess we quickly read different meanings.

As I saw the term Peer Counseling Session more strictly defined than just a conversation between two cops.

[ret5hd]

12. Well, as law enforcement is deified in this country...

I am all but positive that one of us will have the chance to tell the other “I told ya’ so!”

[Torchlight]

13. It applies only to federal law enforcement.

and in a day or two, I'll all but forget every conversation I've had today, real and imagined, long before the chance arrives.

[ret5hd]

14. Yeah...I've used that excuse before myself...

“Whut? Idunnowhatyurtalkinbout”

[Torchlight]

21. Not an excuse, just an admission of my fallibility.

and that long before the suns sets today, different things will occupy my brain and push this one out.

[George II]

15. I read it as it would provide confidentiality for anything an officer said to his therapist....

...or counselor.

[ret5hd]

17. Peer. Define peer (in this context)

[George II]

20. I presume it refers to group therapy, during with others in the group are peers.

[ret5hd]

22. Presume.

[George II]

26. Why not call the author of the bill and ask her instead of veiled accusations about me? Even....

....better you can call your representative or either of your two Senators who, unless you live in NY-14, MI-13, or MO-1, voted for it, to explain it to you. Even if you live in one of those three districts, both of your Senators voted for it so they can explain what the bill is about and why they voted for it.

[Torchlight]

25. It's defined, along with its exceptions, in the bill.

https://www.congress.gov/bill/117th-congress/senate-bill/1502/text

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).

[bottomofthehill]

27. pretty tight definition, from the Act

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

[lapucelle]

54. The legislation defines the term in context.

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 sub- paragraph (A).

https://www.congress.gov/bill/117th-congress/senate-bill/1502/text

Did you miss that in your quick read?

[ret5hd]

19. And don't therapists etc already enjoy confidentiality?

[George II]

45. Again, call the author of the bill or your representative (assuming you're not from any....

...of the three districts represented by the three who voted against it) or either of your two Senators, who DID vote for it, and ask them to explain the bill and why it's good.

It is obvious that anything I do to try to explain it won't be acceptable.

[Politicub]

44. That's a wrong reading. Those conversations are already protected.

This is peer-to-peer counseling… something I was “certified” to facilitate as an RA thirty years ago. It was a one-hour class or something along those lines.

In other words, it’s a way to shield communications under the guise of peer counseling.

[ret5hd]

46. Exactly! Amazingly obvious.

[George II]

49. Please read the bill and the definitions within the bill. Thanks!

[lapucelle]

55. What's an RA? A resident advisor?

That's an entirely different situation, and things have probably changed in the past 30 years.

[Politicub]

63. Yes... Peer counseling isn't something that requires rigorous training

like a therapist.

My RA example was a way to say that peer counseling certification can mean just about anything. If you read the law closely, you’ll see it is a long-winded way of saying that peer counseling isn’t therapy.

This law is a cloak for a subset of law-enforcement conversations.

[lapucelle]

52. Neither a quick nor a close reading of the bill supports that claim.

(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.

Why would a cop have his body cam on during a formal counseling session with specialists provided by a law enforcement agency?

https://www.congress.gov/bill/117th-congress/senate-bill/1502/text

[ForgedCrank]

59. "presto...anything one cop says to another cop is confidential"

Not true. If you read the thing, it has very specific carve-outs for the stuff you are worried about.

[samnsara]

47. geez i tried to read it and its all blah blah...

..are peers to become mandated reporters or what?

[ret5hd]

58. Exactly opposite..."peers" will be shielded...

from being questioned about any admissions/discussions that a guilty cohort may make.

[Cha]

16. I see Bowman didn't

go with the Squad's "Nays" again.

And why shouldn't federal law enforcement officers, who use counseling, have Confidentiality?

[ret5hd]

24. Peer. Define peer in this context.

[bottomofthehill]

28. here it is

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

[ret5hd]

29. Yep..."I just shot this guy...can we talk in private?"

[bottomofthehill]

32. its 2 pages long, give it a read.

from another section
(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;

[George II]

34. Are you serious? You think that's what this bill is all about? Have you read the bill?

[ret5hd]

36. "Sorry, your honor. I can't discuss what we conversed about...

That is priveledged communication.”

How much deference do we need to show to the people abusing/killing/beating/lying-to us?

We have the most dangerous job in the world!!!

No you don’t.

[TexasTowelie]

60. Except that statement is not made in the course of a peer support counseling session.

Anything that is stated prior to a session is not considered confidential.

[ret5hd]

61. If the peer is "certified", how soon may a "session" begin?

1 minute?
5 minutes?
Can the “session” start before the investigation of an incident begins? The man is traumatized! He just killed someone! Are you going to begrudge him a totally secret “session” with his “certified” partner or “certified” superior officer? It’s totally NOT trying to get a good story…it’s a “session”!

[TexasTowelie]

62. It appears that you have ignored the text of this legislation during all of your replies.

Why don't you read what is in the bill before using the same argument that has been refuted multiple times by other members? If you did, you would realize that these sessions and peer support specialists aren't magically created out of thin air. There are even provisions to review the programs so that additional educational courses may be required for the specialists.

Your argument that all cops will become peer support counselors is ridiculous and intended to stoke fear. It makes me wonder if I'm on DU tonight or some other site.

[LetMyPeopleVote]

18. K&R

[Brainfodder]

30. We need a new thoroughly bulletproof constitution, been obvious.

[bottomofthehill]

31. there is a logical reason this is for Federal Law ENforcement

On the SF-86 there is a mental health section. It is burred in a 100 plus page form and asks a lot of questions. If you lose your security clearance, you lose your job. It puts Feds in a difficult position. Seek help for a traumatic experience (think Jan 6) then you have the added stress of the potential loss of job. It is not easy. Mental Health is important, so is feeding your family so is keeping the roof over your head, so many keep it in. Creating some safe space to talk to people who will not have to disclose is important.

[George II]

35. Precisely.

[ret5hd]

37. Then get a therapist...already confidential.

[George II]

38. Obviously you disagree with 99.3% of those who voted for the bill. I trust their judgement.

[ret5hd]

39. And I have pointed to flaws that you didn't consider.

Explicitly apply it only to formal group settings…not roadside “counseling” sessions in the heat of an incident.

Formal sessions. Formal, recognized, scheduled sessions. Not impromptu roadside discussions, one on one, trying to figure out how to get out of this mess.

“Hey brother…you been certified?”
“Yeah”
“Can we talk?”

[bottomofthehill]

40. again, got to guess you did not actually read it

(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.

[ret5hd]

41. A "peer support specialist" is his Buddy.

[sarisataka]

42. You need to get busy

And provide your wisdom and insight to the 50 Democratic Senators and 220 or so Representatives who overlooked this flaw.

[George II]

43. You've pointed to what you perceive as flaws. The fact is, with or without this bill, anyone who...

....admits to what you think might be a criminal act, is NOT protected by this bill or any other.

I guess I and 524 legislators (4 did not vote) don't agree with you or the three who voted Nay.

Thankfully the bill passed anyway.

[lapucelle]

56. You haven't pointed out any flaws. N/T

[ret5hd]

57. Well, "features" then.

[samnsara]

48. why dont they just install a confessional booth? geez...