II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Armed Forces Crisis 

5 Intervention Notification Act’’. 

6 SEC. 2. REQUIREMENT TO UTILIZE STATE EXTREME RISK 

7 PROTECTION ORDER PROGRAMS. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, the Secretary of Defense 

10 shall establish a policy that— 


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1 (1) requires each branch of the Armed Forces 

2 to fully utilize any applicable State extreme risk pro3 tection order program in the event a commanding 

4 officer determines that a member of the Armed 

5 Forces under the commanding officer’s command is 

6 a covered individual for purposes of subsection 

7 (b)(3); and 

8 (2) requires each branch of the Armed Forces 

9 to fully participate in any judicial proceeding author10 ized under any applicable State extreme risk protec11 tion order program to impose, review, extend, mod12 ify, or terminate an extreme risk protection order for 

13 a current or former member of the Armed Forces. 

14 (b) DEFINITIONS.—In this section: 

15 (1) APPLICABLE STATE EXTREME RISK PRO16 TECTION ORDER PROGRAM.—The term ‘‘applicable 

17 State extreme risk protection order program’’ means 

18 an extreme risk protection order program of a State 

19 in which a covered individual resides or is physically 

20 present as part of such individual’s military service. 

21 (2) ARMED FORCES.—The term ‘‘Armed 

22 Forces’’ means the Army, Navy, Air Force, Marine 

23 Corps, and Space Force. 


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1 (3) COVERED INDIVIDUALS.—The term ‘‘cov2 ered individual’’ means a member of the Armed 

3 Forces who— 

4 (A) has been determined by their com5 manding officer to be unfit to carry or possess 

6 a firearm for the performance of official duties 

7 due to the member making a serious, credible 

8 threat of violence against one or more members 

9 of the Armed Forces, another person, himself 

10 or herself, or a military installation or facility; 

11 or 

12 (B) is described in section 922(g)(4) of 

13 title 18, United States Code, to the extent such 

14 status is a basis for initiation of proceedings 

15 under an applicable State extreme risk protec16 tion order program. 

17 (4) EXTREME RISK PROTECTION ORDER PRO18 GRAM.—The term ‘‘extreme risk protection order 

19 program’’ means extreme risk protection order pro20 gram as described in section 501(a)(1)(I)(iv) of title 

21 I of the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (34 U.S.C. 10152(a)(1)(I)(iv)). 

23 (5) FULLY PARTICIPATE IN ANY JUDICIAL PRO24 CEEDING AUTHORIZED UNDER ANY APPLICABLE

25 STATE EXTREME RISK PROTECTION ORDER PROVerDate Sep 11 2014 20:17 Sep 19, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5055.IS S5055

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1 GRAM.—The term ‘‘fully participate in any judicial 

2 proceeding authorized under any applicable State ex3 treme risk protection order program’’ means, in the 

4 case of a branch of the Armed Forces, producing, 

5 upon the request of appropriate judicial personnel or 

6 a party to the judicial proceeding, evidence that may 

7 be relevant to the proceeding, notwithstanding the 

8 privacy regulations promulgated under section 

9 264(c) of the Health Insurance Portability and Ac10 countability Act of 1996 (42 U.S.C. 1320d–2 note) 

11 and the requirements of section 552a of title 5, 

12 United States Code (commonly known as the ‘‘Pri13 vacy Act of 1974’’). 

14 (6) FULLY UTILIZE ANY APPLICABLE STATE

15 EXTREME RISK PROTECTION ORDER PROGRAM.—The 

16 term ‘‘fully utilize any applicable State extreme risk 

17 protection order program’’ means, in the case of a 

18 branch of the Armed Forces, taking the following 

19 steps: 

20 (A) Taking action, consistent with Federal 

21 law, available to third parties under an applica22 ble State extreme risk protection order pro23 gram. 

24 (B) Providing to appropriate law enforce25 ment or judicial personnel an accounting of the 


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1 relevant material facts related to a determina2 tion made pursuant to subsection (a)(1), not3 withstanding the privacy regulations promul4 gated under section 264(c) of the Health Insur5 ance Portability and Accountability Act of 1996 

6 (42 U.S.C. 1320d–2 note) and the requirements 

7 of section 552a of title 5, United States Code 

8 (commonly known as the ‘‘Privacy Act of 

9 1974’’). 

10 (c) GUIDELINES AND POLICY.—The Secretary of De11 fense shall establish policy to ensure that commanding of12 ficers and any other relevant members of the Armed 

13 Forces are aware of the requirements of this section, in14 cluding any State extreme risk protection order programs 

15 applicable to their commands, and how to fulfill such re16 quirements. 

17 (d) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to circumvent, limit, or supersede 

19 the applicability of any rules governing discovery in any 

20 judicial proceeding authorized under any applicable State 

21 extreme risk protection order program. 

Æ 


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