HR 2377 RFS
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this section. 
(c) ELIGIBILITY FOR EXTREME RISK PROTECTION 
ORDER GRANT PROGRAM.— 
(1) REQUIREMENTS.—Legislation described in 
this subsection is legislation that establishes require-
ments that are substantially similar to the following: 
(A) APPLICATION
FOR
EXTREME
RISK 
PROTECTION ORDER.—A petitioner, including a 
law enforcement officer, may submit an applica-
tion to a State or Tribal court, on a form de-
signed by the court or a State or Tribal agency, 
that— 
(i) describes the facts and cir-
cumstances justifying that an extreme risk 
protection order be issued against the 
named individual; and 
(ii) is signed by the applicant, under 
oath. 
(B) NOTICE AND DUE PROCESS.—The in-
dividual named in an application for an extreme 
risk protection order as described in subpara-
graph (A) shall be given written notice of the 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
application and an opportunity to be heard on 
the matter in accordance with this paragraph. 
(C) ISSUANCE OF EXTREME RISK PROTEC-
TION ORDERS.— 
(i) HEARING.— 
(I) IN GENERAL.—Upon receipt 
of an application described in sub-
paragraph (A) or request of an indi-
vidual named in such an application, 
the court shall order a hearing to be 
held within a reasonable time, and not 
later than 30 days after the date of 
the application or request. 
(II) 
DETERMINATION.—If 
the 
court finds at the hearing ordered 
under subclause (I), by a preponder-
ance of the evidence or according to a 
higher evidentiary standard estab-
lished by the State or Indian Tribe, 
that the respondent poses a danger of 
causing harm to self or others by hav-
ing access to a firearm, the court may 
issue an extreme risk protection order. 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
(ii) DURATION
OF
EXTREME
RISK 
PROTECTION
ORDER.—An extreme risk 
protection order shall be in effect— 
(I) until an order terminating or 
superseding the extreme risk protec-
tion order is issued; or 
(II) for a set period of time. 
(D) EX
PARTE
EXTREME
RISK
PROTEC-
TION ORDERS.— 
(i) IN GENERAL.—Upon receipt of an 
application described in subparagraph (A), 
the court may issue an ex parte extreme 
risk protection order, if— 
(I) the application for an extreme 
risk protection order alleges that the 
respondent poses a danger of causing 
harm to self or others by having ac-
cess to a firearm; and 
(II) the court finds there is rea-
sonable cause to believe, or makes a 
finding according to a higher evi-
dentiary standard established by the 
State or Indian Tribe, that the re-
spondent poses a danger of causing 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
harm to self or others by having ac-
cess to a firearm. 
(ii) DURATION
OF
EX
PARTE
EX-
TREME RISK PROTECTION ORDER.—An ex 
parte extreme risk protection order shall 
remain in effect only until the hearing re-
quired under subparagraph (C)(i). 
(E) STORAGE OF REMOVED FIREARMS.— 
(i) AVAILABILITY FOR RETURN.—All 
firearms removed or surrendered pursuant 
to an extreme risk protection order shall 
only be available for return to the named 
individual when the individual has regained 
eligibility under Federal and State law, 
and, where applicable, Tribal law to pos-
sess firearms. 
(ii) CONSENT
REQUIRED
FOR
DIS-
POSAL
OR
DESTRUCTION.—Firearms 
owned by a named individual may not be 
disposed of or destroyed during the period 
of the extreme risk protection order with-
out the consent of the named individual. 
(F) NOTIFICATION.— 
(i) IN GENERAL.— 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
(I) REQUIREMENT.—A State or 
Tribal court that issues an extreme 
risk protection order shall notify the 
Attorney General or the comparable 
State or Tribal agency, as applicable, 
of the order as soon as practicable or 
within a designated period of time. 
(II) FORM
AND
MANNER.—A 
State or Tribal court shall submit a 
notification under subclause (I) in an 
electronic format, in a manner pre-
scribed by the Attorney General or the 
comparable State or Tribal agency. 
(ii) UPDATE
OF
DATABASES.—As 
soon as practicable or within the time pe-
riod designated by State or Tribal law 
after receiving a notification under clause 
(i), the Attorney General or the com-
parable State or Tribal agency shall ensure 
that the extreme risk protection order is 
reflected in the National Instant Criminal 
Background Check System. 
(2) ADDITIONAL PROVISIONS.—Legislation de-
scribed in this subsection may— 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
(A) provide procedures for the termination 
of an extreme risk protection order; 
(B) provide procedures for the renewal of 
an extreme risk protection order; 
(C) establish burdens and standards of 
proof for issuance of orders described in para-
graph (1) that are substantially similar to or 
higher than the burdens and standards of proof 
set forth in that paragraph; 
(D) limit the individuals who may submit 
an application described in paragraph (1), pro-
vided that, at a minimum, law enforcement offi-
cers are authorized to do so; and 
(E) include any other authorizations or re-
quirements that the State or Tribal authorities 
determine appropriate. 
(3) ANNUAL REPORT.—Not later than 1 year 
after the date on which an eligible entity receives a 
grant under subsection (b), and annually thereafter 
for the duration of the grant period, the entity shall 
submit to the Attorney General a report that in-
cludes, with respect to the preceding year— 
(A) the number of petitions for ex parte 
extreme risk protection orders filed, as well as 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4)(A) subject to subparagraph (B), acquire, 
collect, classify, and preserve records from Federal, 
Tribal, and State courts and other agencies identi-
fying individuals subject to extreme risk protection 
orders, as defined in section 4(a) of the Federal Ex-
treme Risk Protection Order Act of 2022; and 
‘‘(B) destroy each record acquired or collected 
under subparagraph (A) when the applicable ex-
treme risk protection order expires or is terminated 
or dissolved; and’’; 
(2) in subsection (b), by striking ‘‘(a)(4)’’ and 
inserting ‘‘(a)(5)’’; and 
(3) by adding at the end the following: 
‘‘(g) EXTREME RISK PROTECTION ORDERS IN NA-
TIONAL CRIME INFORMATION DATABASES.—A Federal, 
Tribal, or State criminal justice agency or criminal or civil 
court may— 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
‘‘(1) include extreme risk protection orders, as 
defined in section 4 of the Federal Extreme Risk 
Protection Order Act of 2022, and Federal extreme 
risk protection orders, as defined in section 932 of 
title 18, in national crime information databases, as 
that term is defined in subsection (f)(3) of this sec-
tion; and 
‘‘(2) have access to information regarding ex-
treme risk protection orders and Federal extreme 
risk protection orders through the national crime in-
formation databases.’’. 
SEC. 6. FULL FAITH AND CREDIT. 
(a) DEFINITIONS.—In this section, the terms ‘‘ex-
treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 
have the meanings given those terms in section 4(a). 
(b) FULL FAITH AND CREDIT REQUIRED.—Any ex-
treme risk protection order issued under a State or Tribal 
law enacted in accordance with this Act shall be accorded 
the same full faith and credit by the court of another State 
or Indian Tribe (referred to in this subsection as the ‘‘en-
forcing State or Indian Tribe’’) and enforced by the court 
and law enforcement personnel of the other State or Tribal 
government as if it were the order of the enforcing State 
or Indian Tribe. 
(c) APPLICABILITY TO PROTECTION ORDERS.— 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
(1) IN GENERAL.—Subsection (b) shall apply to 
a protection order issued by a State or Tribal court 
if— 
(A) the court has jurisdiction over the par-
ties and matter under the law of the State or 
Indian Tribe; and 
(B) reasonable notice and opportunity to 
be heard is given to the person against whom 
the order is sought sufficient to protect that 
person’s right to due process. 
(2) EX PARTE PROTECTION ORDERS.—For pur-
poses of paragraph (1)(B), in the case of an ex parte 
protection order, notice and opportunity to be heard 
shall be provided within the time required by State 
or Tribal law, and in any event within a reasonable 
time after the order is issued, sufficient to protect 
the due process rights of the respondent. 
(d) TRIBAL COURT JURISDICTION.—For purposes of 
this section, a court of an Indian Tribe shall have full civil 
jurisdiction to issue and enforce a protection order involv-
ing any person, including the authority to enforce any 
order through civil contempt proceedings, to exclude viola-
tors from Indian land, and to use other appropriate mech-
anisms, in matters arising anywhere in the Indian country 
(as defined in section 1151 of title 18, United States 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB
HR 2377 RFS
Code) of the Indian Tribe or otherwise within the author-
ity of the Indian Tribe. 
SEC. 7. CONFORMING AMENDMENT. 
Section 3(1) of the NICS Improvement Amendments 
Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 
‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 
of section 922(g)’’. 
SEC. 8. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remain-
der of this Act, or an amendment made by this Act, or 
the application of such provision to other persons or cir-
cumstances, shall not be affected. 
SEC. 9. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on the date that is 180 days after the date 
of enactment of this Act. 
Passed the House of Representatives June 9, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
VerDate Sep 11 2014 
20:58 Jun 09, 2022
Jkt 029200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2377.RFS
H2377
pbinns on DSKJLVW7X2PROD with $$_JOB