[Congressional Record Volume 170, Number 140 (Tuesday, September 10, 2024)]
[Senate]
[Page S5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3242. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title V, add the following:

     SEC. 545. REQUIREMENT TO UTILIZE STATE EXTREME RISK 
                   PROTECTION ORDER PROGRAMS.

       (a) Short Title.--This section may be cited as the ``Armed 
     Forces Crisis Intervention Notification Act''.
       (b) 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 
     (c)(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 imposed on a current or former member of the 
     Armed Forces.
       (c) 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 
     (b)(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'').
       (d) 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.
       (e) 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.
                                 ______