[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5055 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5055
To require the United States Armed Forces to fully utilize applicable
State extreme risk protection order programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 16, 2024
Ms. Collins (for herself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the United States Armed Forces to fully utilize applicable
State extreme risk protection order programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Crisis Intervention
Notification Act''.
SEC. 2. REQUIREMENT TO UTILIZE STATE EXTREME RISK PROTECTION ORDER
PROGRAMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish a
policy that--
(1) requires each branch of the Armed Forces to fully
utilize any applicable State extreme risk protection order
program in the event a commanding officer determines that a
member of the Armed Forces under the commanding officer's
command is a covered individual for purposes of subsection
(b)(3); and
(2) requires each branch of the Armed Forces to fully
participate in any judicial proceeding authorized under any
applicable State extreme risk protection order program to
impose, review, extend, modify, or terminate an extreme risk
protection order for a current or former member of the Armed
Forces.
(b) Definitions.--In this section:
(1) Applicable state extreme risk protection order
program.--The term ``applicable State extreme risk protection
order program'' means an extreme risk protection order program
of a State in which a covered individual resides or is
physically present as part of such individual's military
service.
(2) Armed forces.--The term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Space Force.
(3) Covered individuals.--The term ``covered individual''
means a member of the Armed Forces who--
(A) has been determined by their commanding officer
to be unfit to carry or possess a firearm for the
performance of official duties due to the member making
a serious, credible threat of violence against one or
more members of the Armed Forces, another person,
himself or herself, or a military installation or
facility; or
(B) is described in section 922(g)(4) of title 18,
United States Code, to the extent such status is a
basis for initiation of proceedings under an applicable
State extreme risk protection order program.
(4) Extreme risk protection order program.--The term
``extreme risk protection order program'' means extreme risk
protection order program as described in section
501(a)(1)(I)(iv) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)(I)(iv)).
(5) Fully participate in any judicial proceeding authorized
under any applicable state extreme risk protection order
program.--The term ``fully participate in any judicial
proceeding authorized under any applicable State extreme risk
protection order program'' means, in the case of a branch of
the Armed Forces, producing, upon the request of appropriate
judicial personnel or a party to the judicial proceeding,
evidence that may be relevant to the proceeding,
notwithstanding the privacy regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the
requirements of section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'').
(6) Fully utilize any applicable state extreme risk
protection order program.--The term ``fully utilize any
applicable State extreme risk protection order program'' means,
in the case of a branch of the Armed Forces, taking the
following steps:
(A) Taking action, consistent with Federal law,
available to third parties under an applicable State
extreme risk protection order program.
(B) Providing to appropriate law enforcement or
judicial personnel an accounting of the relevant
material facts related to a determination made pursuant
to subsection (a)(1), notwithstanding the privacy
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note) and the requirements of
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'').
(c) Guidelines and Policy.--The Secretary of Defense shall
establish policy to ensure that commanding officers and any other
relevant members of the Armed Forces are aware of the requirements of
this section, including any State extreme risk protection order
programs applicable to their commands, and how to fulfill such
requirements.
(d) Rule of Construction.--Nothing in this section shall be
construed to circumvent, limit, or supersede the applicability of any
rules governing discovery in any judicial proceeding authorized under
any applicable State extreme risk protection order program.
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