34 USC § 50901 - Confidentiality of peer support communications

---
identifier: "/us/usc/t34/s50901"
source: "usc"
legal_status: "official_prima_facie"
title: "34 USC § 50901 - Confidentiality of peer support communications"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
section_number: "50901"
section_name: "Confidentiality of peer support communications"
chapter_number: 509
chapter_name: "CONFIDENTIALITY OPPORTUNITIES FOR PEER SUPPORT COUNSELING"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 117–60, § 2, Nov. 18, 2021, 135 Stat. 1470.)"
---


# § 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** section 115 of title 18

The term “law enforcement officer” has the meaning given the term “Federal law enforcement officer” in .

**(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).

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**Source Credit**: (Pub. L. 117–60, § 2, Nov. 18, 2021, 135 Stat. 1470.)

## Statutory Notes and Related Subsidiaries

### Short Title

For short title of , which is classified to this chapter, as the “Confidentiality Opportunities for Peer Support Counseling Act” and also as the “COPS Counseling Act”, see , set out as a Short Title of 2021 Amendment note under .