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.