Federal Extreme Risk Protection Order Act of 2021
Bill: H.R.2377 | Sponsor: Rep. McBath, Lucy (D-GA)
Policy area: Crime and Law Enforcement

Summary:
Federal Extreme Risk Protection Order Act of 2022
This bill authorizes and establishes procedures for federal courts to issue federal extreme risk protection orders. Additionally, the bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection.
Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms.
Among its provisions, the bill

To authorize the issuance of extreme risk protection orders.

    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 ``Federal Extreme Risk Protection 
Order Act of 2022''.

SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Extreme risk protection orders
    ``(a) Definitions.--In this section--
            ``(1) the term `court' means a district court of the United 
        States;
            ``(2) the term `designated law enforcement officer' means a 
        law enforcement officer, designated by a United States marshal, 
        who agrees to receive firearms, ammunition, and permits, as 
        applicable, surrendered under subsection (f);
            ``(3) the term `Director' means the Director of the 
        Administrative Office of the United States Courts;
            ``(4) the term `ex parte Federal extreme risk protection 
        order' or `ex parte Federal order' means a Federal extreme risk 
        protection order issued under subsection (c);
            ``(5) the term `Federal extreme risk protection order' 
        means an order issued by a Federal court that enjoins an 
        individual from purchasing, possessing, or receiving, in or 
        affecting interstate and foreign commerce, a firearm or 
        ammunition;
            ``(6) the term `family or household member', with respect 
        to a Federal order respondent, means any--
                    ``(A) parent, spouse, sibling, or child related by 
                blood, marriage, or adoption to the respondent;
                    ``(B) dating partner of the respondent;
                    ``(C) individual who has a child in common with the 
                respondent, regardless of whether the individual has--
                            ``(i) been married to the respondent; or
                            ``(ii) lived together with the respondent 
                        at any time;
                    ``(D) individual who resides or has resided with 
                the respondent during the past year;
                    ``(E) domestic partner of the respondent;
                    ``(F) individual who has a legal parent-child 
                relationship with the respondent, including a 
                stepparent-stepchild and grandparent-grandchild 
                relationship; and
                    ``(G) individual who is acting or has acted as the 
                legal guardian of the respondent;
            ``(7) the term `Federal order petitioner' means an 
        individual authorized to petition for an ex parte or long-term 
        Federal extreme risk protection order under subsection (b)(1);
            ``(8) the term `Federal order respondent' means an 
        individual named in the petition for an ex parte or long-term 
        Federal extreme risk protection order or subject to an ex parte 
        or long-term Federal extreme risk protection order;
            ``(9) the term `long-term Federal extreme risk protection 
        order' or `long-term Federal order' means a Federal extreme 
        risk protection order issued under subsection (d);
            ``(10) the term `mental health agency' means an agency of a 
        State, Tribal, or local government or its contracted agency 
        that is responsible for mental health services or co-occurring 
        mental health and substance abuse services; and
            ``(11) the term `national instant criminal background check 
        system' means the national instant criminal background check 
        system established under section 103 of the Brady Handgun 
        Violence Prevention Act (34 U.S.C. 40901).
    ``(b) Petition.--
            ``(1) In general.--A family or household member of the 
        applicable individual, or a law enforcement officer, may submit 
        to an appropriate district court of the United States a 
        petition requesting that the court issue an ex parte Federal 
        extreme risk protection order or long-term Federal extreme risk 
        protection order with respect to an individual.
            ``(2) No fees.--A court or law enforcement agency may not 
        charge a petitioner or respondent any fee for--
                    ``(A) filing, issuing, serving, or reporting an 
                extreme risk protection order;
                    ``(B) a petition for an extreme risk protection 
                order or any pleading, subpoena, warrant, or motion in 
                connection with an extreme risk protection order; or
                    ``(C) any order or order to show cause necessary to 
                obtain or give effect to this section.
            ``(3) Confidentiality.--A Federal order petitioner who is a 
        law enforcement officer may provide the identity of the 
        petitioner's sources, and any identifying information, to the 
        court under seal.
    ``(c) Ex Parte Orders.--
            ``(1) Timing.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a court that receives a petition for 
                an ex parte Federal order under subsection (b) shall 
                grant or deny the petition on the date on which the 
                petition is submitted.
                    ``(B) Late petitions.--If a court receives a 
                petition for an ex parte Federal order submitted under 
                subsection (b) too late in the day to permit effective 
                review, the court shall grant or deny the petition on 
                the next day of judicial business at a time early 
                enough to permit the court to file an order with the 
                clerk of the court during that day.
            ``(2) Evidence required.--Before issuing an ex parte 
        Federal order, a court shall require that the petitioner for 
        such order submit a signed affidavit, sworn to before the 
        court, that--
                    ``(A) explains why such petitioner believes that 
                the Federal order respondent poses a risk of imminent 
                personal injury to self or another individual, by 
                purchasing, possessing, or receiving a firearm or 
                ammunition; and
                    ``(B) describes the interactions and conversations 
                of the petitioner with--
                            ``(i) the respondent; or
                            ``(ii) another individual, if such 
                        petitioner believes that information obtained 
                        from that individual is credible and reliable.
            ``(3) Standard for issuance of order.--A court may issue an 
        ex parte Federal order only upon a finding of probable cause to 
        believe that--
                    ``(A) the Federal order respondent poses a risk of 
                imminent personal injury to self or another individual, 
                by purchasing, possessing, or receiving a firearm or 
                ammunition; and
                    ``(B) the order is necessary to prevent the injury 
                described in subparagraph (A).
            ``(4) Duration.--An ex parte Federal order shall expire on 
        the earlier of--
                    ``(A) the date that is 14 days after the date of 
                issuance; or
                    ``(B) the date on which the court determines 
                whether to issue a long-term Federal order with respect 
                to the respondent.
    ``(d) Long-Term Federal Orders.--
            ``(1) Hearing required.--If a court receives a petition for 
        a long-term Federal extreme risk protection order for a 
        respondent under subsection (b), the court shall hold a hearing 
        to determine whether to issue a long-term Federal order with 
        respect to the respondent either--
                    ``(A)(i) if the court issues an ex parte order with 
                respect to the respondent, not later than 72 hours 
                after the ex parte order is served on the respondent; 
                or
                    ``(ii) if the respondent waives the right to a 
                hearing within the 72-hour period under clause (i), or 
                the court does not issue an ex parte order, within 14 
                days after the date on which the court receives the 
                petition; or
                    ``(B) in no event later than 14 days after the date 
                on which the court receives the petition.
            ``(2) Notice and opportunity to be heard.--
                    ``(A) In general.--The court shall provide the 
                Federal order respondent with notice and the 
                opportunity to be heard at a hearing under this 
                subsection, sufficient to protect the due process 
                rights of the respondent.
                    ``(B) Right to counsel.--
                            ``(i) In general.--At a hearing under this 
                        subsection, the Federal order respondent may be 
                        represented by counsel who is--
                                    ``(I) chosen by the respondent; and
                                    ``(II) authorized to practice at 
                                such a hearing.
                            ``(ii) Court-provided counsel.--If the 
                        Federal order respondent is financially unable 
                        to obtain representation by counsel, the court, 
                        at the request of the respondent, shall ensure, 
                        to the extent practicable, that the respondent 
                        is represented by an attorney with respect to 
                        the petition.
            ``(3) Burden of proof; standard.--At a hearing under this 
        subsection, the Federal order petitioner--
                    ``(A) shall have the burden of proving all material 
                facts; and
                    ``(B) shall be required to demonstrate, by clear 
                and convincing evidence, that--
                            ``(i) the respondent to such order poses a 
                        risk of personal injury to self or another 
                        individual, during the period to be covered by 
                        the proposed Federal extreme risk protection 
                        order, by purchasing, possessing, or receiving 
                        a firearm or ammunition; and
                            ``(ii) the order is necessary to prevent 
                        the injury described in clause (i).
            ``(4) Issuance.--Upon a showing of clear and convincing 
        evidence under paragraph (3), the court shall issue a long-term 
        Federal order with respect to the respondent that shall be in 
        effect for a period of not more than 180 days.
            ``(5) Denial.--If the court finds that there is not clear 
        and convincing evidence to support the issuance of a long-term 
        Federal order, the court shall dissolve any ex parte Federal 
        order then in effect with respect to the respondent.
            ``(6) Renewal.--
                    ``(A) Notice of scheduled expiration.--Thirty days 
                before the date on which a long-term Federal order is 
                scheduled to expire, the court that issued the order 
                shall--
                            ``(i) notify the petitioner and the 
                        respondent to such order that the order is 
                        scheduled to expire; and
                            ``(ii) advise the petitioner and the 
                        respondent of the procedures for seeking a 
                        renewal of the order under this paragraph.
                    ``(B) Petition.--If a family or household member of 
                the Federal order respondent, or a law enforcement 
                officer, believes that the conditions under paragraph 
                (3)(B) continue to apply with respect to a respondent 
                who is subject to a long-term Federal order, the family 
                or household member or law enforcement officer may 
                submit to the court that issued the order a petition 
                for a renewal of the order.
                    ``(C) Hearing.--A court that receives a petition 
                submitted under subparagraph (B) shall hold a hearing 
                to determine whether to issue a renewed long-term 
                Federal order with respect to the respondent.
                    ``(D) Applicable procedures.--The requirements 
                under paragraphs (2) through (5) shall apply to the 
                consideration of a petition for a renewed long-term 
                Federal order submitted under subparagraph (B) of this 
                paragraph.
                    ``(E) Issuance.--Upon a showing by clear and 
                convincing evidence that the conditions under paragraph 
                (3)(B) continue to apply with respect to the 
                respondent, the court shall issue a renewed long-term 
                Federal order with respect to the respondent.
    ``(e) Factors to Consider.--In determining whether to issue a 
Federal extreme risk protection order, a court--
            ``(1) shall consider factors including--
                    ``(A) a recent threat or act of violence by the 
                respondent directed toward another individual;
                    ``(B) a recent threat or act of violence by the 
                respondent directed toward self;
                    ``(C) a recent act of cruelty to an animal by the 
                respondent; and
                    ``(D) evidence of ongoing abuse of a controlled 
                substance or alcohol by the respondent that has led to 
                a threat or act of violence directed to self or another 
                individual; and
            ``(2) may consider other factors, including--
                    ``(A) the reckless use, display, or brandishing of 
                a firearm by the respondent;
                    ``(B) a history of violence or attempted violence 
                by the respondent against another individual; and
                    ``(C) evidence of an explicit or implicit threat 
                made by the person through any medium that demonstrate 
                that the person poses a risk of personal injury to self 
                or another individual.
    ``(f) Relinquishment of Firearms and Ammunition.--
            ``(1) Order of surrender.--Upon issuance of an ex parte 
        Federal order or long-term Federal order, the court shall order 
        the respondent to such order to surrender all firearms and 
        ammunition that the respondent possesses or owns, in or 
        affecting interstate commerce, as well as any permit 
        authorizing the respondent to purchase or possess firearms 
        (including a concealed carry permit), to--
                    ``(A) the United States Marshals Service; or
                    ``(B) a designated law enforcement officer.
            ``(2) Surrender and removal.--
                    ``(A) Manner of service.--
                            ``(i) Personal service.--Except as provided 
                        in clause (ii), a United States marshal or 
                        designated law enforcement officer shall serve 
                        a Federal extreme risk protection order on a 
                        respondent by handing the order to the 
                        respondent to such order.
                            ``(ii) Alternative service.--If the 
                        respondent cannot reasonably be located for 
                        service as described in clause (i), a Federal 
                        extreme risk protection order may be served on 
                        the respondent in any manner authorized under 
                        the Federal Rules of Civil Procedure.
                    ``(B) Removal.--Except as provided in subparagraph 
                (C), a United States marshal or designated law 
                enforcement officer serving a Federal extreme risk 
                protection order personally on the respondent shall--
                            ``(i) request that all firearms and 
                        ammunition, in or affecting interstate 
                        commerce, as well as any permit authorizing the 
                        respondent to purchase or possess firearms 
                        (including a concealed carry permit), that the 
                        respondent possesses or owns--
                                    ``(I) be immediately surrendered to 
                                the United States marshal or designated 
                                law enforcement officer; or
                                    ``(II) at the option of the 
                                respondent, be immediately surrendered 
                                and sold to a federally licensed 
                                firearms dealer; and
                            ``(ii) take possession of all firearms and 
                        ammunition described in clause (i) that are not 
                        sold under subclause (II) of that clause, as 
                        well as any permit described in that clause, 
                        that are--
                                    ``(I) surrendered;
                                    ``(II) in plain sight; or
                                    ``(III) discovered pursuant to a 
                                lawful search.
                    ``(C) Alternative surrender.--If a United States 
                marshal or designated law enforcement officer is not 
                able to personally serve a Federal extreme risk 
                protection order under subparagraph (A)(i), or is not 
                reasonably able to take custody of the firearms, 
                ammunition, and permits under subparagraph (B), the 
                respondent shall surrender the firearms, ammunition, 
                and permits in a safe manner to the control of a United 
                States marshal or designated law enforcement officer 
                not later than 48 hours after being served with the 
                order.
            ``(3) Receipt.--
                    ``(A) Issuance.--At the time of surrender or 
                removal under paragraph (2), a United States marshal or 
                designated law enforcement officer taking possession of 
                a firearm, ammunition, or a permit pursuant to a 
                Federal extreme risk protection order shall--
                            ``(i) issue a receipt identifying all 
                        firearms, ammunition, and permits that have 
                        been surrendered or removed; and
                            ``(ii) provide a copy of the receipt issued 
                        under clause (i) to the respondent to such 
                        order.
                    ``(B) Filing.--Not later than 72 hours after 
                issuance of a receipt under subparagraph (A), the 
                United States marshal who issued the receipt or 
                designated another law enforcement officer to do so 
                shall--
                            ``(i) file the original receipt issued 
                        under subparagraph (A) of this paragraph with 
                        the court that issued the Federal extreme risk 
                        protection order; and
                            ``(ii) ensure that the United States 
                        Marshals Service retains a copy of the receipt.
                    ``(C) Designated law enforcement officer.--If a 
                designated law enforcement officer issues a receipt 
                under subparagraph (A), the officer shall submit the 
                original receipt and a copy of the receipt to the 
                appropriate United States marshal to enable the United 
                States marshal to comply with subparagraph (B).
            ``(4) Forfeiture.--If a respondent knowingly attempts, in 
        violation of a Federal extreme risk protection order, to access 
        a firearm, ammunition, or a permit that was surrendered or 
        removed under this subsection, the firearm, ammunition, or 
        permit shall be subject to seizure and forfeiture under section 
        924(d).
    ``(g) Return of Firearms and Ammunition.--
            ``(1) Notice.--If a Federal extreme risk protection order 
        is dissolved, or expires and is not renewed, the court that 
        issued the order shall order the United States Marshals Service 
        to--
                    ``(A) confirm, through the national instant 
                criminal background check system and any other relevant 
                law enforcement databases, that the respondent to such 
                order may lawfully own and possess firearms and 
                ammunition; and
                    ``(B)(i) if the respondent may lawfully own and 
                possess firearms and ammunition, notify the respondent 
                that the respondent may retrieve each firearm, 
                ammunition, or permit surrendered by or removed from 
                the respondent under subsection (f); or
                    ``(ii) if the respondent may not lawfully own or 
                possess firearms and ammunition, notify the respondent 
                that each firearm, ammunition, or permit surrendered by 
                or removed from the respondent under subsection (f) 
                will be returned only when the respondent demonstrates 
                to the United States Marshals Service that the 
                respondent may lawfully own and possess firearms and 
                ammunition.
            ``(2) Return.--If a Federal extreme risk protection order 
        is dissolved, or expires and is not renewed, and the United 
        States Marshals Service confirms under paragraph (1)(A) that 
        the respondent may lawfully own and possess firearms and 
        ammunition, the court that issued the order shall order the 
        entity that possesses each firearm, ammunition, or permit 
        surrendered by or removed from the respondent under subsection 
        (f) to return those items to the respondent.
    ``(h) Return of Firearms and Ammunition Improperly Received.--If a 
court, in a hearing under subsection (d), determines that a firearm or 
ammunition surrendered by or removed from a respondent under subsection 
(f) is owned by an individual other than the respondent, the court may 
order the United States marshal or designated law enforcement officer 
in possession of the firearm or ammunition to transfer the firearm or 
ammunition to that individual if--
            ``(1) the individual may lawfully own and possess firearms 
        and ammunition; and
            ``(2) the individual will not provide the respondent with 
        access to the firearm or ammunition.
    ``(i) Penalty for False Reporting or Frivolous Petitions.--An 
individual who knowingly submits materially false information to the 
court in a petition for a Federal extreme risk protection order under 
this section, or who knowingly files such a petition that is frivolous, 
unreasonable, or without foundation, shall be fined not more than 
$5,000, or imprisoned not more than 5 years, or both, except to the 
extent that a greater sentence is otherwise provided by any other 
provision of law, as the court deems necessary to deter such abuse of 
process.
    ``(j) Model Policy.--
            ``(1) In general.--The Director shall draft a model policy 
        to maximize the accessibility of Federal extreme risk 
        protection orders.
            ``(2) Contents.--In drafting the model policy under 
        paragraph (1), the Director shall--
                    ``(A) ensure that State, Tribal, and local law 
                enforcement officers and members of the public without 
                legal training are able to easily file petitions for 
                Federal extreme risk protection orders;
                    ``(B) prescribe outreach efforts by employees of 
                the district courts of the United States to familiarize 
                relevant law enforcement officers and the public with 
                the procedures for filing petitions, either--
                            ``(i) through direct outreach; or
                            ``(ii) in coordination with--
                                    ``(I) relevant officials in the 
                                executive or legislative branch of the 
                                Federal Government; or
                                    ``(II) with relevant State, Tribal, 
                                and local officials;
                    ``(C) prescribe policies for allowing the filing of 
                petitions and prompt adjudication of petitions on 
                weekends and outside of normal court hours;
                    ``(D) prescribe policies for coordinating with law 
                enforcement agencies to ensure the safe, timely, and 
                effective service of Federal extreme risk protection 
                orders and relinquishment of firearms, ammunition, and 
                permits, as applicable; and
                    ``(E) identify governmental and non-governmental 
                resources and partners to help officials of the 
                district courts of the United States coordinate with 
                civil society organizations to ensure the safe and 
                effective implementation of this section.
    ``(k) Reporting.--
            ``(1) Individual reports.--
                    ``(A) In general.--Not later than 2 court days 
                after the date on which a court issues or dissolves a 
                Federal extreme risk protection order under this 
                section or a Federal extreme risk protection order 
                expires without being renewed, the court shall notify--
                            ``(i) the Attorney General;
                            ``(ii) each relevant mental health agency 
                        in the State in which the order is issued; and
                            ``(iii) State and local law enforcement 
                        officials in the jurisdiction in which the 
                        order is issued, including the national instant 
                        criminal background check system single point 
                        of contact for the State of residence of the 
                        respondent, where applicable.
                    ``(B) Format.--A court shall submit a notice under 
                subparagraph (A) in an electronic format, in a manner 
                prescribed by the Attorney General.
                    ``(C) Update of databases.--As soon as practicable 
                and not later than 5 days after receiving a notice 
                under subparagraph (A), the Attorney General shall 
                update the background check databases of the Attorney 
                General to reflect the prohibitions articulated in the 
                applicable Federal extreme risk protection order.
            ``(2) Annual report.--Not later than 1 year after the date 
        of enactment of the Federal Extreme Risk Protection Order Act 
        of 2022, and annually thereafter, the Director shall submit to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives a report that 
        includes, with respect to the preceding year--
                    ``(A) the number of petitions for ex parte Federal 
                orders filed, as well as the number of such orders 
                issued and the number denied, disaggregated by--
                            ``(i) the jurisdiction;
                            ``(ii) whether the individual authorized 
                        under subsection (b) to petition for a Federal 
                        extreme risk protection order is a law 
                        enforcement officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of subparagraphs (A) 
                        through (G) of subsection (a)(6) describes the 
                        relationship; and
                            ``(iii) the alleged danger posed by the 
                        Federal order respondent, including whether the 
                        danger involved a risk of suicide, 
                        unintentional injury, domestic violence, or 
                        other interpersonal violence;
                    ``(B) the number of petitions for long-term Federal 
                orders filed, as well as the number of such orders 
                issued and the number denied, disaggregated by--
                            ``(i) the jurisdiction;
                            ``(ii) whether the individual authorized 
                        under subsection (b) to petition for a Federal 
                        extreme risk protection order is a law 
                        enforcement officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of subparagraphs (A) 
                        through (G) of subsection (a)(6) describes the 
                        relationship; and
                            ``(iii) the alleged danger posed by the 
                        Federal order respondent, including whether the 
                        danger involved a risk of suicide, 
                        unintentional injury, domestic violence, or 
                        other interpersonal violence;
                    ``(C) the number of petitions for renewals of long-
                term Federal orders filed, as well as the number of 
                such orders issued and the number denied;
                    ``(D) the number of cases in which a court has 
                issued a penalty for false reporting or frivolous 
                petitions;
                    ``(E) demographic data of Federal order 
                petitioners, including race, ethnicity, national 
                origin, sex, gender, age, disability, average annual 
                income, and English language proficiency, if available;
                    ``(F) demographic data of Federal order 
                respondents, including race, ethnicity, national 
                origin, sex, gender, age, disability, average annual 
                income, and English language proficiency, if available; 
                and
                    ``(G) the total number of firearms removed pursuant 
                to Federal extreme risk protection orders, and, if 
                available, the number of firearms removed pursuant to 
                each such order.
    ``(l) Training for Federal Law Enforcement Officers.--
            ``(1) Training requirements.--The head of each Federal law 
        enforcement agency shall require each Federal law enforcement 
        officer employed by the agency to complete training in the 
        safe, impartial, effective, and equitable use and 
        administration of Federal extreme risk protection orders, 
        including training to address--
                    ``(A) bias based on race and racism, ethnicity, 
                gender, sexual orientation, gender identity, religion, 
                language proficiency, mental health condition, 
                disability, and classism in the use and administration 
                of Federal extreme risk protection orders;
                    ``(B) the appropriate use of Federal extreme risk 
                protection orders in cases of domestic violence, 
                including the applicability of other policies and 
                protocols to address domestic violence in situations 
                that may also involve Federal extreme risk protection 
                orders and the necessity of safety planning with the 
                victim before law enforcement petitions for and 
                executes a Federal extreme risk protection order, if 
                applicable;
                    ``(C) interacting with persons with mental, 
                behavioral, or physical disabilities, or emotional 
                distress, including de-escalation techniques and crisis 
                intervention;
                    ``(D) techniques for outreach to historically 
                marginalized cultural communities and the development 
                of linguistic proficiencies for law enforcement;
                    ``(E) community relations; and
                    ``(F) best practices for referring persons subject 
                to Federal extreme risk protection orders and 
                associated victims of violence to social service 
                providers that may be available in the jurisdiction and 
                appropriate for those individuals, including health 
                care, mental health, substance abuse, and legal 
                services, employment and vocational services, housing 
                assistance, case management, and veterans and 
                disability benefits.
            ``(2) Training development.--Federal law enforcement 
        agencies developing law enforcement training required under 
        this section shall seek advice from domestic violence service 
        providers (including culturally specific (as defined in section 
        40002 of the Violence Against Women Act of 1994 (34 U.S.C. 
        12291)) providers), social service providers, suicide 
        prevention advocates, violence intervention specialists, law 
        enforcement agencies, mental health disability experts, and 
        other community groups working to reduce suicides and violence, 
        including domestic violence, within the State.
    ``(m) Rule of Construction.--Nothing in this section or shall be 
construed to alter the requirements of subsections (d)(8) or (g)(8) of 
section 922, related to domestic violence protective orders.
    ``(n) Preemption.--Nothing in this section may be construed to 
preempt any State law or policy.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter 
        44 of title 18, United States Code, is amended by adding at the 
        end the following:

``932. Extreme risk protection orders.''.
            (2) Forfeiture.--Section 924(d)(3) of title 18, United 
        States Code, is amended--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(G) any attempt to violate a Federal extreme risk 
        protection order issued under section 932.''.

SEC. 3. FEDERAL FIREARMS PROHIBITION.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8)(B)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order--
                    ``(A) issued under section 932; or
                    ``(B) that is an extreme risk protection order (as 
                defined in section 4(a) of the Federal Extreme Risk 
                Protection Order Act of 2022).''; and
            (2) in subsection (g)--
                    (A) in paragraph (8)(C)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order--
                    ``(A) issued under section 932; or
                    ``(B) that is an extreme risk protection order (as 
                defined in section 4(a) of the Federal Extreme Risk 
                Protection Order Act of 2022),''.

SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or Indian Tribe--
                            (i) that enacts legislation described in 
                        subsection (c);
                            (ii) with respect to which the Attorney 
                        General determines that the legislation 
                        described in clause (i) complies with the 
                        requirements under subsection (c)(1); and
                            (iii) that certifies to the Attorney 
                        General that the State or Indian Tribe shall--
                                    (I) use the grant for the purposes 
                                described in subsection (b)(2); and
                                    (II) allocate not less than 25 
                                percent and not more than 70 percent of 
                                the amount received under a grant under 
                                subsection (b) for the development and 
                                dissemination of training for law 
                                enforcement officers in accordance with 
                                subsection (b)(4); or
                    (B) a unit of local government or other public or 
                private entity that--
                            (i) is located in a State or in the 
                        territory under the jurisdiction of an Indian 
                        Tribe that meets the requirements described in 
                        clauses (i) and (ii) of subparagraph (A); and
                            (ii) certifies to the Attorney General that 
                        the unit of local government or entity shall--
                                    (I) use the grant for the purposes 
                                described in subsection (b)(2); and
                                    (II) allocate not less than 25 
                                percent and not more than 70 percent of 
                                the amount received under a grant under 
                                this section for the development and 
                                dissemination of training for law 
                                enforcement officers in accordance with 
                                subsection (b)(4).
            (2) Extreme risk protection order.--The term ``extreme risk 
        protection order'' means a written order or warrant, issued by 
        a State or Tribal court or signed by a magistrate (or other 
        comparable judicial officer), the primary purpose of which is 
        to reduce the risk of firearm-related death or injury by doing 
        1 or more of the following:
                    (A) Prohibiting a named individual from having 
                under the custody or control of the individual, owning, 
                purchasing, possessing, or receiving a firearm.
                    (B) Having a firearm removed or requiring the 
                surrender of firearms from a named individual.
            (3) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 921 of title 18, United States Code.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 1709 of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10389).
            (5) Law enforcement officer.--The term ``law enforcement 
        officer'' means a public servant authorized by Federal, State, 
        local, or Tribal law or by a Federal, State, local, or Tribal 
        government agency to--
                    (A) engage in or supervise the prevention, 
                detection, investigation, or prosecution of an offense; 
                or
                    (B) supervise sentenced criminal offenders.
            (6) Petitioner.--The term ``petitioner'' means an 
        individual authorized under State or Tribal law to petition for 
        an extreme risk protection order.
            (7) Respondent.--The term ``respondent'' means an 
        individual named in the petition for an extreme risk protection 
        order or subject to an extreme risk protection order.
            (8) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (9) Unit of local government.--The term ``unit of local 
        government'' has the meaning given the term in section 901 of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10251).
    (b) Grant Program Established.--
            (1) In general.--The Director of the Office of Community 
        Oriented Policing Services of the Department of Justice shall 
        establish a program under which, from amounts made available to 
        carry out this section, the Director may make grants to 
        eligible entities to assist in carrying out the provisions of 
        the legislation described in subsection (c).
            (2) Use of funds.--Funds awarded under this subsection may 
        be used by an applicant to--
                    (A) enhance the capacity of law enforcement 
                agencies and the courts of a State, unit of local 
                government, or Indian Tribe by providing personnel, 
                training, technical assistance, data collection, and 
                other resources to carry out enacted legislation 
                described in subsection (c);
                    (B) train judges, court personnel, health care and 
                legal professionals, and law enforcement officers to 
                more accurately identify individuals whose access to 
                firearms poses a danger of causing harm to themselves 
                or others by increasing the risk of firearms suicide or 
                interpersonal violence;
                    (C) develop and implement law enforcement and court 
                protocols, forms, and orders so that law enforcement 
                agencies and the courts may carry out the provisions of 
                the enacted legislation described in subsection (c) in 
                a safe, equitable, and effective manner, including 
                through the removal and storage of firearms pursuant to 
                extreme risk protection orders under the enacted 
                legislation; and
                    (D) raise public awareness and understanding of the 
                enacted legislation described in subsection (c), 
                including through subgrants to community-based 
                organizations for the training of community members, so 
                that extreme risk protection orders may be issued in 
                appropriate situations to reduce the risk of firearms-
                related death and injury.
            (3) Application.--An eligible entity desiring a grant under 
        this subsection shall submit to the Attorney General an 
        application at such time, in such manner, and containing or 
        accompanied by such information as the Attorney General may 
        reasonably require.
            (4) Training.--
                    (A) In general.--A recipient of a grant under this 
                subsection shall provide training to law enforcement 
                officers, including officers of relevant Federal, 
                State, local, and Tribal law enforcement agencies, in 
                the safe, impartial, effective, and equitable use and 
                administration of extreme risk protection orders, 
                including training to address--
                            (i) bias based on race and racism, 
                        ethnicity, gender, sexual orientation, gender 
                        identity, religion, language proficiency, 
                        mental health condition, disability, and 
                        classism in the use and administration of 
                        extreme risk protection orders;
                            (ii) the appropriate use of extreme risk 
                        protection orders in cases of domestic 
                        violence, including the applicability of other 
                        policies and protocols to address domestic 
                        violence in situations that may also involve 
                        extreme risk protection orders and the 
                        necessity of safety planning with the victim 
                        before a law enforcement officer petitions for 
                        and executes an extreme risk protection order, 
                        if applicable;
                            (iii) interacting with persons with mental, 
                        behavioral, or physical disabilities, or 
                        emotional distress, including de-escalation 
                        techniques and crisis intervention;
                            (iv) techniques for outreach to 
                        historically marginalized cultural communities 
                        and the development of linguistic proficiencies 
                        for law enforcement;
                            (v) community relations; and
                            (vi) best practices for referring persons 
                        subject to extreme risk protection orders and 
                        associated victims of violence to social 
                        service providers that may be available in the 
                        jurisdiction and appropriate for those 
                        individuals, including health care, mental 
                        health, substance abuse, and legal services, 
                        employment and vocational services, housing 
                        assistance, case management, and veterans and 
                        disability benefits.
                    (B) Consultation with experts.--A recipient of a 
                grant under this subsection, in developing law 
                enforcement training required under subparagraph (A), 
                shall seek advice from domestic violence service 
                providers (including culturally specific (as defined in 
                section 40002 of the Violence Against Women Act of 1994 
                (34 U.S.C. 12291)) providers), social service 
                providers, suicide prevention advocates, violence 
                intervention specialists, law enforcement agencies, 
                mental health disability experts, and other community 
                groups working to reduce suicides and violence, 
                including domestic violence, within the State or the 
                territory under the jurisdiction of the Indian Tribe, 
                as applicable, that enacted the legislation described 
                in subsection (c) that enabled the grant recipient to 
                be an eligible entity.
            (5) Incentives.--For each of fiscal years 2023 through 
        2027, the Attorney General shall give affirmative preference in 
        awarding any discretionary grant awarded by the Office of 
        Community Oriented Policing Services to a State or Indian Tribe 
        that has enacted legislation described in subsection (c) or to 
        a unit of local government or other public or private entity 
        located in such a State or in the territory under the 
        jurisdiction of such an Indian Tribe.
            (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 requirements that are 
        substantially similar to the following:
                    (A) Application for extreme risk protection 
                order.--A petitioner, including a law enforcement 
                officer, may submit an application to a State or Tribal 
                court, on a form designed by the court or a State or 
                Tribal agency, that--
                            (i) describes the facts and circumstances 
                        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 individual named 
                in an application for an extreme risk protection order 
                as described in subparagraph (A) shall be given written 
                notice of the application and an opportunity to be 
                heard on the matter in accordance with this paragraph.
                    (C) Issuance of extreme risk protection orders.--
                            (i) Hearing.--
                                    (I) In general.--Upon receipt of an 
                                application described in subparagraph 
                                (A) or request of an individual 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 preponderance of 
                                the evidence or according to a higher 
                                evidentiary standard established by the 
                                State or Indian Tribe, that the 
                                respondent poses a danger of causing 
                                harm to self or others by having access 
                                to a firearm, the court may issue an 
                                extreme risk protection order.
                            (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 protection 
                                order is issued; or
                                    (II) for a set period of time.
                    (D) Ex parte extreme risk protection 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 access 
                                to a firearm; and
                                    (II) the court finds there is 
                                reasonable cause to believe, or makes a 
                                finding according to a higher 
                                evidentiary standard established by the 
                                State or Indian Tribe, that the 
                                respondent poses a danger of causing 
                                harm to self or others by having access 
                                to a firearm.
                            (ii) Duration of ex parte extreme risk 
                        protection order.--An ex parte extreme risk 
                        protection order shall remain in effect only 
                        until the hearing required 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 possess firearms.
                            (ii) Consent required for disposal or 
                        destruction.--Firearms owned by a named 
                        individual may not be disposed of or destroyed 
                        during the period of the extreme risk 
                        protection order without the consent of the 
                        named individual.
                    (F) Notification.--
                            (i) In general.--
                                    (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 
                                prescribed by the Attorney General or 
                                the comparable State or Tribal agency.
                            (ii) Update of databases.--As soon as 
                        practicable or within the time period 
                        designated by State or Tribal law after 
                        receiving a notification under clause (i), the 
                        Attorney General or the comparable 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 described in this 
        subsection may--
                    (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 paragraph (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), provided that, 
                at a minimum, law enforcement officers are authorized 
                to do so; and
                    (E) include any other authorizations or 
                requirements 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 
        includes, with respect to the preceding year--
                    (A) the number of petitions for ex parte extreme 
                risk protection orders filed, as well as the number of 
                such orders issued and the number denied, disaggregated 
                by--
                            (i) the jurisdiction;
                            (ii) the individual authorized under State 
                        or Tribal law to petition for an extreme risk 
                        protection order, including the relationship of 
                        the individual to the respondent; and
                            (iii) the alleged danger posed by the 
                        respondent, including whether the danger 
                        involved a risk of suicide, unintentional 
                        injury, domestic violence, or other 
                        interpersonal violence;
                    (B) the number of petitions for extreme risk 
                protection orders filed, as well as the number of such 
                orders issued and the number denied, disaggregated by--
                            (i) the jurisdiction;
                            (ii) the individual authorized under State 
                        or Tribal law to petition for an extreme risk 
                        protection order, including the relationship of 
                        the individual to the respondent; and
                            (iii) the alleged danger posed by the 
                        respondent, including whether the danger 
                        involved a risk of suicide, unintentional 
                        injury, domestic violence, or other 
                        interpersonal violence;
                    (C) the number of petitions for renewals of extreme 
                risk protection orders filed, as well as the number of 
                such orders issued and the number denied;
                    (D) the number of cases in which a court imposed a 
                penalty for false reporting or frivolous petitions;
                    (E) demographic data of petitioners, including 
                race, ethnicity, national origin, sex, gender, age, 
                disability, average annual income, and English language 
                proficiency, if available;
                    (F) demographic data of respondents, including 
                race, ethnicity, national origin, sex, gender, age, 
                disability, average annual income, and English language 
                proficiency, if available; and
                    (G) the total number of firearms removed pursuant 
                to extreme risk protection orders, and, if available, 
                the number of firearms removed pursuant to each such 
                order.

SEC. 5. IDENTIFICATION RECORDS.

     Section 534 of title 28, United States Code, is amended--
            (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 identifying individuals subject to 
        extreme risk protection orders, as defined in section 4(a) of 
        the Federal Extreme Risk Protection Order Act of 2022; and
            ``(B) destroy each record acquired or collected under 
        subparagraph (A) when the applicable extreme 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 National Crime Information 
Databases.--A Federal, Tribal, or State criminal justice agency or 
criminal or civil court may--
            ``(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 
        section; and
            ``(2) have access to information regarding extreme risk 
        protection orders and Federal extreme risk protection orders 
        through the national crime information databases.''.

SEC. 6. FULL FAITH AND CREDIT.

    (a) Definitions.--In this section, the terms ``extreme risk 
protection order'', ``Indian Tribe'', and ``State'' have the meanings 
given those terms in section 4(a).
    (b) Full Faith and Credit Required.--Any extreme 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 
``enforcing 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.--
            (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 parties 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 purposes 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 involving any person, including the 
authority to enforce any order through civil contempt proceedings, to 
exclude violators from Indian land, and to use other appropriate 
mechanisms, in matters arising anywhere in the Indian country (as 
defined in section 1151 of title 18, United States Code) of the Indian 
Tribe or otherwise within the authority 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 remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, 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:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 2377

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