II 

115TH CONGRESS 

2D SESSION S. 2521 

To authorize the issuance of extreme risk protection orders. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2018 

Mr. BLUMENTHAL (for himself and Mr. GRAHAM) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize the issuance of extreme risk protection orders. 

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 ‘‘Federal Extreme Risk 

5 Protection Order Act of 2018’’. 

6 SEC. 2. EXTREME RISK PROTECTION ORDERS. 

7 (a) IN GENERAL.—Chapter 44 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 932. Extreme risk protection orders 

11 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘designated law enforcement offi2 cer’ means a law enforcement officer, designated by 

3 a United States marshal, who agrees to receive fire4 arms, ammunition, and permit, as applicable, sur5 rendered under subsection (f); 

6 ‘‘(2) the term ‘Director’ means the Director of 

7 the Administrative Office of the United States 

8 Courts; 

9 ‘‘(3) the term ‘ex parte extreme risk protection 

10 order’ or ‘ex parte order’ means an extreme risk pro11 tection order issued under subsection (c); 

12 ‘‘(4) the term ‘extreme risk protection order’ 

13 means an order issued by a Federal court that en14 joins an individual from purchasing, possessing, or 

15 receiving, in or affecting interstate and foreign com16 merce, a firearm or ammunition; 

17 ‘‘(5) the term ‘family or household member’, 

18 with respect to a respondent, means any— 

19 ‘‘(A) parent, spouse, sibling, or child re20 lated by blood, marriage, or adoption to the re21 spondent; 

22 ‘‘(B) dating partner of the respondent; 

23 ‘‘(C) individual who has a child in common 

24 with the respondent, regardless of whether the 

25 individual has— 


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1 ‘‘(i) been married to the respondent; 

2 or 

3 ‘‘(ii) lived together with the respond4 ent at any time; 

5 ‘‘(D) individual who resides or has resided 

6 with the respondent during the past year; 

7 ‘‘(E) domestic partner of the respondent; 

8 ‘‘(F) individual who has a legal parent9 child relationship with the respondent, including 

10 a stepparent-stepchild and grandparent-grand11 child relationship; and 

12 ‘‘(G) individual who is acting or has acted 

13 as the legal guardian of the respondent; 

14 ‘‘(6) the term ‘law enforcement officer’ means 

15 any officer, agent, or employee of the Federal Gov16 ernment or a State government, unit of local govern17 ment, or Indian tribe (as defined in section 4 of the 

18 Indian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 5304)) authorized— 

20 ‘‘(A) by law or by a government agency to 

21 engage in or supervise the prevention, detection, 

22 or investigation of any violation of criminal law; 

23 or 

24 ‘‘(B) by law to supervise sentenced crimi25 nal offenders; 


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1 ‘‘(7) the term ‘long-term extreme risk protec2 tion order’ or ‘long-term order’ means an extreme 

3 risk protection order issued under subsection (d); 

4 ‘‘(8) the term ‘mental health agency’ means an 

5 agency of a State or local government or its con6 tracted agency that is responsible for mental health 

7 services or co-occurring mental health and substance 

8 abuse services; and 

9 ‘‘(9) the term ‘national instant criminal back10 ground check system’ means the national instant 

11 criminal background check system established under 

12 section 103 of the Brady Handgun Violence Preven13 tion Act (34 U.S.C. 40901). 

14 ‘‘(b) PETITION.— 

15 ‘‘(1) IN GENERAL.—A family or household 

16 member of the applicable individual, or a law en17 forcement officer, may submit to an appropriate dis18 trict court of the United States a petition requesting 

19 that the court issue an ex parte extreme risk protec20 tion order or long-term extreme risk protection order 

21 with respect to an individual. 

22 ‘‘(2) NO FEES.—A court may not charge a peti23 tioner any fee for filing a petition under paragraph 

24 (1). 


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1 ‘‘(3) CONFIDENTIALITY.—A petitioner who is a 

2 law enforcement officer may provide the identity of 

3 the petitioner’s sources, and any identifying informa4 tion, to the court under seal. 

5 ‘‘(c) EX PARTE ORDERS.— 

6 ‘‘(1) TIMING.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), a court that receives a peti9 tion for an ex parte order under subsection (b) 

10 shall grant or deny the petition on the date on 

11 which the petition is submitted. 

12 ‘‘(B) LATE PETITIONS.—If a court receives 

13 a petition for an ex parte order submitted 

14 under subsection (b) too late in the day to per15 mit effective review, the court shall grant or 

16 deny the petition on the next day of judicial 

17 business at a time early enough to permit the 

18 court to file an order with the clerk of the court 

19 during that day. 

20 ‘‘(2) EVIDENCE REQUIRED.—Before issuing an 

21 ex parte order, a court shall require that the peti22 tioner submit a signed affidavit, sworn to before the 

23 court, that— 

24 ‘‘(A) explains why the petitioner believes 

25 that the respondent poses a risk of imminent 


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1 personal injury to himself or herself, or another 

2 individual, by purchasing, possessing, or receiv3 ing a firearm or ammunition; and 

4 ‘‘(B) describes the interactions and con5 versations of the petitioner with— 

6 ‘‘(i) the respondent; or 

7 ‘‘(ii) another individual, if the peti8 tioner believes that information obtained 

9 from that individual is credible and reli10 able. 

11 ‘‘(3) STANDARD FOR ISSUANCE OF ORDER.—A 

12 court may issue an ex parte order only upon a find13 ing of probable cause to believe that— 

14 ‘‘(A) the respondent poses a risk of immi15 nent personal injury to himself or herself, or 

16 another individual, by purchasing, possessing, 

17 or receiving a firearm or ammunition; and 

18 ‘‘(B) the order is necessary to prevent the 

19 injury described in subparagraph (A). 

20 ‘‘(4) DURATION.—An ex parte order shall ex21 pire on the earlier of— 

22 ‘‘(A) the date that is 14 days after the 

23 date of issuance; or 


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1 ‘‘(B) the date on which the court deter2 mines whether to issue a long-term order with 

3 respect to the respondent. 

4 ‘‘(d) LONG-TERM ORDERS.— 

5 ‘‘(1) HEARING REQUIRED.—If a court receives 

6 a petition for an extreme risk protection order for a 

7 respondent under subsection (b), the court shall hold 

8 a hearing to determine whether to issue a long-term 

9 order with respect to the respondent either— 

10 ‘‘(A)(i) except as provided in clause (ii), 

11 not later than 72 hours after the court issues 

12 an ex parte order with respect to the respond13 ent; or 

14 ‘‘(ii) if the court issues an ex parte order 

15 with respect to the respondent but the order is 

16 not served on the respondent within 72 hours of 

17 the issuance, not later than 72 hours after the 

18 order is served on the respondent; or 

19 ‘‘(B) if the respondent waives the right to 

20 a hearing under subparagraph (A) or the court 

21 does not issue an ex parte order, not later than 

22 14 days after the date on which the court re23 ceives the petition. 

24 ‘‘(2) NOTICE AND OPPORTUNITY TO BE

25 HEARD.— 


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1 ‘‘(A) IN GENERAL.—The court shall pro2 vide the respondent with notice and the oppor3 tunity to be heard at a hearing under this sub4 section, sufficient to protect the due process 

5 rights of the respondent. 

6 ‘‘(B) RIGHT TO COUNSEL.— 

7 ‘‘(i) IN GENERAL.—At a hearing 

8 under this subsection, the respondent may 

9 be represented by counsel who is— 

10 ‘‘(I) chosen by the respondent; 

11 and 

12 ‘‘(II) authorized to practice at 

13 such a hearing. 

14 ‘‘(ii) COURT-PROVIDED COUNSEL.—If 

15 the respondent is financially unable to ob16 tain representation by counsel, the court, 

17 at the request of the respondent, shall en18 sure to the extent practicable that the re19 spondent is represented by an attorney for 

20 the Legal Services Corporation with re21 spect to the petition. 

22 ‘‘(3) BURDEN OF PROOF; STANDARD.—At a 

23 hearing under this subsection, the petitioner— 

24 ‘‘(A) shall have the burden of proving all 

25 material facts; and 


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1 ‘‘(B) shall be required to demonstrate, by 

2 clear and convincing evidence, that— 

3 ‘‘(i) the respondent poses a risk of 

4 personal injury to himself or herself, or an5 other individual, during the period to be 

6 covered by the proposed extreme risk pro7 tection order, by purchasing, possessing, or 

8 receiving a firearm or ammunition; and 

9 ‘‘(ii) the order is necessary to prevent 

10 the injury described in clause (i). 

11 ‘‘(4) ISSUANCE.—Upon a showing of clear and 

12 convincing evidence under paragraph (3), the court 

13 shall issue a long-term order with respect to the re14 spondent that shall be in effect for a period of not 

15 more than 180 days. 

16 ‘‘(5) DENIAL.—If the court finds that there is 

17 not clear and convincing evidence to support the 

18 issuance of a long-term order, the court shall dis19 solve any ex parte order then in effect with respect 

20 to the respondent. 

21 ‘‘(6) RENEWAL.— 

22 ‘‘(A) NOTICE OF SCHEDULED EXPIRA23 TION.—Thirty days before the date on which a 

24 long-term order is scheduled to expire, the court 

25 that issued the order shall— 


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1 ‘‘(i) notify the petitioner and the re2 spondent that the order is scheduled to ex3 pire; and 

4 ‘‘(ii) advise the petitioner and the re5 spondent of the procedures for seeking a 

6 renewal of the order under this paragraph. 

7 ‘‘(B) PETITION.—If a family or household 

8 member of the respondent, or a law enforce9 ment officer, believes that the conditions under 

10 paragraph (3)(B) continue to apply with respect 

11 to a respondent who is subject to a long-term 

12 order, the family or household member or law 

13 enforcement officer may submit to the court 

14 that issued the order a petition for a renewal of 

15 the order. 

16 ‘‘(C) HEARING.—A court that receives a 

17 petition submitted under subparagraph (B) 

18 shall hold a hearing to determine whether to 

19 issue a renewed long-term order with respect to 

20 the respondent. 

21 ‘‘(D) APPLICABLE PROCEDURES.—The re22 quirements under paragraphs (2) through (5) 

23 shall apply to the consideration of a petition for 

24 a renewed long-term order submitted under 

25 subparagraph (B) of this paragraph. 


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1 ‘‘(E) ISSUANCE.—Upon a showing by clear 

2 and convincing evidence that the conditions 

3 under paragraph (3)(B) continue to apply with 

4 respect to the respondent, the court shall issue 

5 a renewed long-term order with respect to the 

6 respondent. 

7 ‘‘(e) FACTORS TO CONSIDER.—In determining 

8 whether to issue an extreme risk protection order, a 

9 court— 

10 ‘‘(1) shall consider factors including— 

11 ‘‘(A) recent threats or acts of violence by 

12 the respondent directed toward other individ13 uals; 

14 ‘‘(B) recent threats or acts of violence by 

15 the respondent directed toward himself or her16 self; 

17 ‘‘(C) recent acts of cruelty to animals by 

18 the respondent; and 

19 ‘‘(D) evidence of— 

20 ‘‘(i) recent criminal offenses by the re21 spondent that involve controlled substances 

22 or alcohol; or 

23 ‘‘(ii) ongoing abuse of controlled sub24 stances or alcohol by the respondent; and 

25 ‘‘(2) may consider other factors, including— 


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1 ‘‘(A) the reckless use, display, or bran2 dishing of a firearm by the respondent; 

3 ‘‘(B) a history of violence or attempted vio4 lence by the respondent against other individ5 uals; and 

6 ‘‘(C) prior involuntary confinement of the 

7 respondent in a hospital for individuals with 

8 psychiatric disabilities. 

9 ‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI10 TION.— 

11 ‘‘(1) ORDER OF SURRENDER.—Upon issuance 

12 of an ex parte order or long-term order, the court 

13 shall order the respondent to surrender all firearms 

14 and ammunition that the respondent possesses or 

15 owns, in or affecting interstate commerce, as well as 

16 any permit authorizing the respondent to purchase 

17 or possess firearms (including a concealed carry per18 mit), to— 

19 ‘‘(A) the United States Marshals Service; 

20 or 

21 ‘‘(B) a designated law enforcement officer. 

22 ‘‘(2) SURRENDER AND REMOVAL.— 

23 ‘‘(A) MANNER OF SERVICE.— 

24 ‘‘(i) PERSONAL SERVICE.—Except as 

25 provided in clause (ii), a United States 


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1 marshal or designated law enforcement of2 ficer shall serve an extreme risk protection 

3 order on a respondent by handing the 

4 order to the respondent. 

5 ‘‘(ii) ALTERNATIVE SERVICE.—If the 

6 respondent cannot reasonably be located 

7 for service as described in clause (i), an ex8 treme risk protection order may be served 

9 on the respondent in any manner author10 ized under the Federal Rules of Civil Pro11 cedure. 

12 ‘‘(B) REMOVAL.—Except as provided in 

13 subparagraph (C), a United States marshal or 

14 designated law enforcement officer serving an 

15 extreme risk protection order personally on the 

16 respondent shall— 

17 ‘‘(i) request that all firearms and am18 munition, in or affecting interstate com19 merce, as well as any permit authorizing 

20 the respondent to purchase or possess fire21 arms (including a concealed carry permit), 

22 that the respondent possesses or owns— 

23 ‘‘(I) be immediately surrendered 

24 to the United States marshal or des25 ignated law enforcement officer; or 


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1 ‘‘(II) at the option of the re2 spondent, be immediately surrendered 

3 and sold to a federally licensed fire4 arms dealer; and 

5 ‘‘(ii) take possession of all firearms 

6 and ammunition described in clause (i) 

7 that are not sold under subclause (II) of 

8 that clause, as well as any permit de9 scribed in that clause, that are— 

10 ‘‘(I) surrendered; 

11 ‘‘(II) in plain sight; or 

12 ‘‘(III) discovered pursuant to a 

13 lawful search. 

14 ‘‘(C) ALTERNATIVE SURRENDER.—If a 

15 United States marshal or designated law en16 forcement officer is not able to personally serve 

17 an extreme risk protection order under subpara18 graph (A)(i), or is not reasonably able to take 

19 custody of the firearms, ammunition, and per20 mits under subparagraph (B), the respondent 

21 shall surrender the firearms, ammunition, and 

22 permits in a safe manner to the control of a 

23 United States marshal or designated law en24 forcement officer not later than 48 hours after 

25 being served with the order. 


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1 ‘‘(3) RECEIPT.— 

2 ‘‘(A) ISSUANCE.—At the time of surrender 

3 or removal under paragraph (2), a United 

4 States marshal or designated law enforcement 

5 officer taking possession of a firearm, ammuni6 tion, or a permit pursuant to an extreme risk 

7 protection order shall— 

8 ‘‘(i) issue a receipt identifying all fire9 arms, ammunition, and permits that have 

10 been surrendered or removed; and 

11 ‘‘(ii) provide a copy of the receipt 

12 issued under clause (i) to the respondent. 

13 ‘‘(B) FILING.—Not later than 72 hours 

14 after service of an order under paragraph 

15 (2)(A), the United States marshal who served 

16 the order or designated another law enforce17 ment officer to do so shall— 

18 ‘‘(i) file the original receipt issued 

19 under subparagraph (A) of this paragraph 

20 with the court that issued the extreme risk 

21 protection order; and 

22 ‘‘(ii) ensure that the United States 

23 Marshals Service retains a copy of the re24 ceipt. 


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1 ‘‘(C) DESIGNATED LAW ENFORCEMENT

2 OFFICER.—If a designated law enforcement of3 ficer issues a receipt under subparagraph (A), 

4 the officer shall submit the original receipt and 

5 a copy of the receipt to the appropriate United 

6 States marshal to enable the United States 

7 marshal to comply with subparagraph (B). 

8 ‘‘(4) FORFEITURE.—If a respondent knowingly 

9 attempts, in violation of an extreme risk protection 

10 order, to access a firearm, ammunition, or a permit 

11 that was surrendered or removed under this sub12 section, the firearm, ammunition, or permit shall be 

13 subject to seizure and forfeiture under section 

14 924(d). 

15 ‘‘(g) RETURN OF FIREARMS AND AMMUNITION.— 

16 ‘‘(1) NOTICE.—If an extreme risk protection 

17 order is dissolved, or expires and is not renewed, the 

18 court that issued the order shall order the United 

19 States Marshals Service to— 

20 ‘‘(A) confirm, through the national instant 

21 criminal background check system and any 

22 other relevant law enforcement databases, that 

23 the respondent may lawfully own and possess 

24 firearms and ammunition; and 


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1 ‘‘(B)(i) if the respondent may lawfully own 

2 and possess firearms and ammunition, notify 

3 the respondent that the respondent may re4 trieve each firearm, ammunition, or permit sur5 rendered by or removed from the respondent 

6 under subsection (f); or 

7 ‘‘(ii) if the respondent may not lawfully 

8 own or possess firearms and ammunition, notify 

9 the respondent that each firearm, ammunition, 

10 or permit surrendered by or removed from the 

11 respondent under subsection (f) will be returned 

12 only when the respondent demonstrates to the 

13 United States Marshals Service that the re14 spondent may lawfully own and possess fire15 arms and ammunition. 

16 ‘‘(2) RETURN.—If an extreme risk protection 

17 order is dissolved, or expires and is not renewed, and 

18 the United States Marshals Service confirms under 

19 paragraph (1)(A) that the respondent may lawfully 

20 own and possess firearms and ammunition, the court 

21 that issued the order shall order the entity that pos22 sesses each firearm, ammunition, or permit surren23 dered by or removed from the respondent under sub24 section (f) to return those items to the respondent. 


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1 ‘‘(h) RETURN OF FIREARMS AND AMMUNITION IM2 PROPERLY RECEIVED.—If a court, in a hearing under 

3 subsection (d), determines that a firearm or ammunition 

4 surrendered by or removed from a respondent under sub5 section (f) is owned by an individual other than the re6 spondent, the court may order the United States marshal 

7 or designated law enforcement officer in possession of the 

8 firearm or ammunition to transfer the firearm or ammuni9 tion to that individual if— 

10 ‘‘(1) the individual may lawfully own and pos11 sess firearms and ammunition; and 

12 ‘‘(2) the individual will not provide the respond13 ent with access to the firearm or ammunition. 

14 ‘‘(i) PENALTY FOR FALSE REPORTING OR FRIVO15 LOUS PETITIONS.—An individual who knowingly submits 

16 materially false information to the court in a petition for 

17 an extreme risk protection order under this section, or who 

18 knowingly files such a petition that is frivolous, unreason19 able, or without foundation, shall be fined not less than 

20 $1,000, in addition to any other penalty authorized by law, 

21 as the court deems necessary to deter such abuse of proc22 ess. 

23 ‘‘(j) MODEL POLICY.— 


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1 ‘‘(1) IN GENERAL.—The Director shall draft a 

2 model policy to maximize the accessibility of extreme 

3 risk protection orders. 

4 ‘‘(2) CONTENTS.—In drafting the model policy 

5 under paragraph (1), the Director shall— 

6 ‘‘(A) ensure that State and local law en7 forcement officers and members of the public 

8 without legal training are able to easily file pe9 titions for extreme risk protection orders; 

10 ‘‘(B) prescribe outreach efforts by employ11 ees of the district courts of the United States 

12 to familiarize relevant law enforcement officers 

13 and the public with the procedures for filing pe14 titions, either— 

15 ‘‘(i) through direct outreach; or 

16 ‘‘(ii) in coordination with— 

17 ‘‘(I) relevant officials in the exec18 utive or legislative branch of the Fed19 eral Government; or 

20 ‘‘(II) with State and local offi21 cials; 

22 ‘‘(C) prescribe policies for allowing the fil23 ing of petitions and prompt adjudication of pe24 titions on weekends and outside of normal court 

25 hours; 


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1 ‘‘(D) prescribe policies for coordinating 

2 with law enforcement agencies to ensure the 

3 safe, timely, and effective service of extreme 

4 risk protection orders and relinquishment of 

5 firearms, ammunition, and permits, as applica6 ble; and 

7 ‘‘(E) identify governmental and non-gov8 ernmental resources and partners to help offi9 cials of the district courts of the United States 

10 coordinate with civil society organizations to en11 sure the safe and effective implementation of 

12 this section. 

13 ‘‘(k) REPORTING.— 

14 ‘‘(1) INDIVIDUAL REPORTS.— 

15 ‘‘(A) IN GENERAL.—Not later than 2 court 

16 days after the date on which a court issues or 

17 dissolves an extreme risk protection order under 

18 this section or an extreme risk protection order 

19 expires without being renewed, the court shall 

20 notify— 

21 ‘‘(i) the Attorney General; 

22 ‘‘(ii) each relevant mental health 

23 agency in the State in which the order is 

24 issued; and 


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1 ‘‘(iii) State and local law enforcement 

2 officials in the jurisdiction in which the 

3 order is issued, including the national in4 stant criminal background check system 

5 single point of contact for the State of res6 idence of the respondent, where applicable. 

7 ‘‘(B) FORMAT.—A court shall submit a no8 tice under subparagraph (A) in an electronic 

9 format, in a manner prescribed by the Attorney 

10 General. 

11 ‘‘(C) UPDATE OF DATABASES.—As soon as 

12 practicable and not later than 5 days after re13 ceiving a notice under subparagraph (A), the 

14 Attorney General shall update the background 

15 check databases of the Attorney General to re16 flect the prohibitions articulated in the applica17 ble extreme risk protection order. 

18 ‘‘(2) ANNUAL REPORTS.—Not later than 1 year 

19 after the date of enactment of the Federal Extreme 

20 Risk Protection Order Act of 2018, and annually 

21 thereafter, the Director shall submit to the Com22 mittee on the Judiciary of the Senate and the Com23 mittee on the Judiciary of the House of Representa24 tives a report that includes, with respect to the pre25 ceding year— 


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1 ‘‘(A) the number of petitions for ex parte 

2 orders filed, as well as the number of such or3 ders issued and the number denied; 

4 ‘‘(B) the number of petitions for long-term 

5 orders filed, as well as the number of such or6 ders issued and the number denied; 

7 ‘‘(C) the number of petitions for renewals 

8 of long-term orders filed, as well as the number 

9 of such orders issued and the number denied; 

10 and 

11 ‘‘(D) the number of cases in which a court 

12 has issued a penalty for false reporting or frivo13 lous petitions.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) TABLE OF SECTIONS.—The table of sections 

16 for chapter 44 of title 18, United States Code, is 

17 amended by adding at the end the following: 

‘‘932. Extreme risk protection orders.’’. 

18 (2) FORFEITURE.—Section 924(d)(3) of title 

19 18, United States Code, is amended— 

20 (A) in subparagraph (E), by striking 

21 ‘‘and’’ at the end; 

22 (B) in subparagraph (F), by striking the 

23 period at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(G) any attempt to violate an extreme 

2 risk protection order issued under section 

3 932.’’. 

4 SEC. 3. BRADY ACT PROHIBITORS. 

5 Section 922 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (8), by striking ‘‘or’’ at 

9 the end; 

10 (B) in paragraph (9), by striking the pe11 riod at the end and inserting ‘‘; or’’; and 

12 (C) by inserting after paragraph (9) the 

13 following: 

14 ‘‘(10) is subject to a court order that prohibits 

15 the person from purchasing, possessing, or receiving 

16 a firearm or ammunition.’’; and 

17 (2) in subsection (g)— 

18 (A) in paragraph (8), by striking ‘‘or’’ at 

19 the end; 

20 (B) in paragraph (9), by striking the 

21 comma at the end and inserting ‘‘; or’’; and 

22 (C) by inserting after paragraph (9) the 

23 following: 


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1 ‘‘(10) who is subject to a court order that pro2 hibits the person from purchasing, possessing, or re3 ceiving a firearm or ammunition,’’. 

4 SEC. 4. SEVERABILITY. 

5 If any provision of this Act or any amendment made 

6 by this Act, or any application of such provision or amend7 ment to any person or circumstance, is held to be invalid, 

8 the remainder of the provisions of this Act and the amend9 ments made by this Act and the application of the provi10 sion or amendment to any other person or circumstance 

11 shall not be affected. 

12 SEC. 5. PREEMPTION. 

13 Nothing in this Act or an amendment made by this 

14 Act shall be construed to preempt any State law or policy. 

Æ 


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