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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5055 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5055

 To require the United States Armed Forces to fully utilize applicable 
 State extreme risk protection order programs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2024

 Ms. Collins (for herself and Mr. King) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To require the United States Armed Forces to fully utilize applicable 
 State extreme risk protection order programs, 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 ``Armed Forces Crisis Intervention 
Notification Act''.

SEC. 2. REQUIREMENT TO UTILIZE STATE EXTREME RISK PROTECTION ORDER 
              PROGRAMS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall establish a 
policy that--
            (1) requires each branch of the Armed Forces to fully 
        utilize any applicable State extreme risk protection order 
        program in the event a commanding officer determines that a 
        member of the Armed Forces under the commanding officer's 
        command is a covered individual for purposes of subsection 
        (b)(3); and
            (2) requires each branch of the Armed Forces to fully 
        participate in any judicial proceeding authorized under any 
        applicable State extreme risk protection order program to 
        impose, review, extend, modify, or terminate an extreme risk 
        protection order for a current or former member of the Armed 
        Forces.
    (b) Definitions.--In this section:
            (1) Applicable state extreme risk protection order 
        program.--The term ``applicable State extreme risk protection 
        order program'' means an extreme risk protection order program 
        of a State in which a covered individual resides or is 
        physically present as part of such individual's military 
        service.
            (2) Armed forces.--The term ``Armed Forces'' means the 
        Army, Navy, Air Force, Marine Corps, and Space Force.
            (3) Covered individuals.--The term ``covered individual'' 
        means a member of the Armed Forces who--
                    (A) has been determined by their commanding officer 
                to be unfit to carry or possess a firearm for the 
                performance of official duties due to the member making 
                a serious, credible threat of violence against one or 
                more members of the Armed Forces, another person, 
                himself or herself, or a military installation or 
                facility; or
                    (B) is described in section 922(g)(4) of title 18, 
                United States Code, to the extent such status is a 
                basis for initiation of proceedings under an applicable 
                State extreme risk protection order program.
            (4) Extreme risk protection order program.--The term 
        ``extreme risk protection order program'' means extreme risk 
        protection order program as described in section 
        501(a)(1)(I)(iv) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)(I)(iv)).
            (5) Fully participate in any judicial proceeding authorized 
        under any applicable state extreme risk protection order 
        program.--The term ``fully participate in any judicial 
        proceeding authorized under any applicable State extreme risk 
        protection order program'' means, in the case of a branch of 
        the Armed Forces, producing, upon the request of appropriate 
        judicial personnel or a party to the judicial proceeding, 
        evidence that may be relevant to the proceeding, 
        notwithstanding the privacy regulations promulgated under 
        section 264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the 
        requirements of section 552a of title 5, United States Code 
        (commonly known as the ``Privacy Act of 1974'').
            (6) Fully utilize any applicable state extreme risk 
        protection order program.--The term ``fully utilize any 
        applicable State extreme risk protection order program'' means, 
        in the case of a branch of the Armed Forces, taking the 
        following steps:
                    (A) Taking action, consistent with Federal law, 
                available to third parties under an applicable State 
                extreme risk protection order program.
                    (B) Providing to appropriate law enforcement or 
                judicial personnel an accounting of the relevant 
                material facts related to a determination made pursuant 
                to subsection (a)(1), notwithstanding the privacy 
                regulations promulgated under section 264(c) of the 
                Health Insurance Portability and Accountability Act of 
                1996 (42 U.S.C. 1320d-2 note) and the requirements of 
                section 552a of title 5, United States Code (commonly 
                known as the ``Privacy Act of 1974'').
    (c) Guidelines and Policy.--The Secretary of Defense shall 
establish policy to ensure that commanding officers and any other 
relevant members of the Armed Forces are aware of the requirements of 
this section, including any State extreme risk protection order 
programs applicable to their commands, and how to fulfill such 
requirements.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to circumvent, limit, or supersede the applicability of any 
rules governing discovery in any judicial proceeding authorized under 
any applicable State extreme risk protection order program.
                                 <all>
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