,i #aaith ,,congress #b;d ,session ,h4 ,r4 #geii ,,in ,,the ,,house ,,of ,,representatives ,february #ag1 #bjbf,mrs4 ,mc,bath 7for herself1 ,mr4 ,moskowitz1 ,mr4 ,carbajal1 ,ms4 ,sewell1 ,ms4 ,ansari1 ,mr4 ,stanton1 ,mr4 ,thompson of ,california1 ,ms4 ,matsui1 ,mr4 ,garamendi1 ,mr4 ,de,saulnier1 ,ms4 ,simon1 ,mr4 ,swalwell1 ,mr4 ,mullin1 ,ms4 ,brownley1 ,ms4 ,chu1 ,mrs4 ,torres of ,california1 ,mr4 ,garcia of ,california1 ,mr4 ,min1 ,mr4 ,peters1 ,mr4 ,vargas1 ,ms4 ,de,gette1 ,mr4 ,neguse1 ,mr4 ,crow1 ,ms4 ,pettersen1 ,mr4 ,courtney1 ,mrs4 ,hayes1 ,ms4 ,norton1 ,mr4 ,frost1 ,ms4 ,castor of ,florida1 ,mrs4 ,cherfilus-,mc,cormick1 ,mr4 ,johnson of ,georgia1 ,ms4 ,williams of ,georgia1 ,ms4 ,tokuda1 ,ms4 ,kelly of ,illinois1 ,mrs4 ,ramirez1 ,mr4 ,garca of ,illinois1 ,mr4 ,quigley1 ,mr4 ,casten1 ,mr4 ,davis of ,illinois1 ,mr4 ,krishnamoorthi1 ,ms4 ,schakowsky1 ,mr4 ,schneider1 ,mr4 ,foster1 ,ms4 ,underwood1 ,mr4 ,mrvan1 ,mr4 ,carson1 ,mr4 ,mc,garvey1 ,mrs4 ,trahan1 ,mr4 ,auchincloss1 ,mr4 ,moulton1 ,mr4 ,lynch1 ,mrs4 ,mc,clain ,delaney1 ,ms4 ,pingree1 ,ms4 ,scholten1 ,mrs4 ,dingell1 ,ms4 ,mc,collum1 ,ms4 ,omar1 ,mr4 ,cleaver1 ,mrs4 ,foushee1 ,mr4 ,menendez1 ,ms4 ,titus1 ,ms4 ,meng1 ,mr4 ,goldman of ,new ,york1 ,mr4 ,nadler1 ,mr4 ,torres of ,new ,york1 ,mr4 ,latimer1 ,mr4 ,tonko1 ,mr4 ,kennedy of ,new ,york1 ,mrs4 ,beatty1 ,ms4 ,brown1 ,mrs4 ,sykes1 ,ms4 ,bonamici1 ,ms4 ,salinas1 ,mr4 ,evans of ,pennsylvania1 ,ms4 ,scanlon1 ,mr4 ,deluzio1 ,mr4 ,amo1 ,mr4 ,magaziner1 ,mrs4 ,fletcher1 ,mr4 ,castro of ,texas1 ,ms4 ,garcia of ,texas1 ,ms4 ,mc,clellan1 ,mr4 ,beyer1 ,mr4 ,subramanyam1 ,mr4 ,walkinshaw1 ,ms4 ,balint1 ,ms4 ,del,bene1 ,ms4 ,jayapal1 ,ms4 ,schrier1 ,mr4 ,smith of ,washington1 ,ms4 ,strickland1 ,mr4 ,pocan1 ,ms4 ,moore of ,wisconsin1 ,mr4 ,correa1 ,mr4 ,larson of ,connecticut1 ,ms4 ,de,lauro1 ,mr4 ,himes1 ,mr4 ,soto1 ,ms4 ,lois ,frankel of ,florida1 ,ms4 ,wilson of ,florida1 ,ms4 ,morrison1 ,mr4 ,bell1 ,mr4 ,ryan1 ,ms4 ,dean of ,pennsylvania1 ,mr4 ,boyle of ,pennsylvania1 and ,mr4 ,mfume7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the issuance of extreme risk protection orders4 #a4 ,short title ,this ,act may be cited as the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf4 #b4 ,federal extreme risk protection orders 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ice4 ,extreme risk protection orders 7a7 ,definitions ,in this section-- 7#a7 the term court means a district court of the ,united ,states2 7#b7 the term designated law enforcement officer means a law enforcement officer1 designated by a ,united ,states marshal1 who agrees to receive firearms1 ammunition1 and permits1 as applicable1 surrendered under subsection 7f72 7#c7 the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts2 7#d7 the term ex parte ,federal extreme risk protection order or ex parte ,federal order means a ,federal extreme risk protection order issued under subsection 7c72 7#e7 the term ,federal extreme risk protection order means an order issued by a ,federal court that enjoins an individual from purchasing1 possessing1 or receiving1 in or affecting interstate and foreign commerce1 a firearm or ammunition2 7#f7 the term family or household member1 with respect to a ,federal order respondent1 means any-- 7,a7 parent1 spouse1 sibling1 or child related by blood1 marriage1 or adoption to the respondent2 7,b7 dating partner of the respondent2 7,c7 individual who has a child in common with the respondent1 regardless of whether the individual has-- 7i7 been married to the respondent2 or 7ii7 lived together with the respondent at any time2 7,d7 individual who resides or has resided with the respondent during the past year2 7,e7 domestic partner of the respondent2 7,f7 individual who has a legal parent-child relationship with the respondent1 including a stepparent-stepchild and grandparent-grandchild relationship2 and 7,g7 individual who is acting or has acted as the legal guardian of the respondent2 7#g7 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 7b77#a72 7#h7 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 order2 7#i7 the term long-term ,federal extreme risk protection order or long-term ,federal order means a ,federal extreme risk protection order issued under subsection 7d72 7#aj7 the term mental health agency means an agency of a ,state1 ,tribal1 or local government or its contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services2 and 7#aa7 the term national instant criminal background check system means the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija74 7b7 ,petition 7#a7 ,in general ,a family or household member of the applicable individual1 or a law enforcement officer1 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 individual4 7#b7 ,no fees ,a court or law enforcement agency may not charge a petitioner or respondent any fee for-- 7,a7 filing1 issuing1 serving1 or reporting an extreme risk protection order2 7,b7 a petition for an extreme risk protection order or any pleading1 subpoena1 warrant1 or motion in connection with an extreme risk protection order2 or 7,c7 any order or order to show cause necessary to obtain or give effect to this section4 7#c7 ,confidentiality ,a ,federal order petitioner who is a law enforcement officer may provide the identity of the petitioner's sources1 and any identifying information1 to the court under seal4 7c7 ,ex parte orders 7#a7 ,timing 7,a7 ,in general ,except as provided in subparagraph 7,b71 a court that receives a petition for an ex parte ,federal order under subsection 7b7 shall grant or deny the petition on the date on which the petition is submitted4 7,b7 ,late petitions ,if a court receives a petition for an ex parte ,federal order submitted under subsection 7b7 too late in the day to permit effective review1 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 day4 7#b7 ,evidence required ,before issuing an ex parte ,federal order1 a court shall require that the petitioner for such order submit a signed affidavit1 sworn to before the court1 that-- 7,a7 explains why such petitioner believes that the ,federal order respondent poses a risk of imminent personal injury to self or another individual1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7,b7 describes the interactions and conversations of the petitioner with-- 7i7 the respondent2 or 7ii7 another individual1 if such petitioner believes that information obtained from that individual is credible and reliable4 7#c7 ,standard for issuance of order ,a court may issue an ex parte ,federal order only upon a finding of probable cause to believe that-- 7,a7 the ,federal order respondent poses a risk of imminent personal injury to self or another individual1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7,b7 the order is necessary to prevent the injury described in subparagraph 7,a74 7#d7 ,duration ,an ex parte ,federal order shall expire on the earlier of-- 7,a7 the date that is #ad days after the date of issuance2 or 7,b7 the date on which the court determines whether to issue a long-term ,federal order with respect to the respondent4 7d7 ,long-,term ,federal orders 7#a7 ,hearing required ,if a court receives a petition for a long-term ,federal extreme risk protection order for a respondent under subsection 7b71 the court shall hold a hearing to determine whether to issue a long-term ,federal order with respect to the respondent either-- 7,a7 7i7 if the court issues an ex parte order with respect to the respondent1 not later than #gb hours after the ex parte order is served on the respondent2 or 7ii7 if the respondent waives the right to a hearing within the #gb-;hour period under clause 7i71 or the court does not issue an ex parte order1 within #ad days after the date on which the court receives the petition2 or 7,b7 in no event later than #ad days after the date on which the court receives the petition4 7#b7 ,notice and opportunity to be heard 7,a7 ,in general ,the court shall provide the ,federal order respondent with notice and the opportunity to be heard at a hearing under this subsection1 sufficient to protect the due process rights of the respondent4 7,b7 ,right to counsel 7i7 ,in general ,at a hearing under this subsection1 the ,federal order respondent may be represented by counsel who is-- 7,i7 chosen by the respondent2 and 7,,ii7 authorized to practice at such a hearing4 7ii7 ,court-provided counsel ,if the ,federal order respondent is financially unable to obtain representation by counsel1 the court1 at the request of the respondent1 shall ensure1 to the extent practicable1 that the respondent is represented by an attorney with respect to the petition4 7#c7 ,burden of proof2 standard ,at a hearing under this subsection1 the ,federal order petitioner-- 7,a7 shall have the burden of proving all material facts2 and 7,b7 shall be required to demonstrate1 by clear and convincing evidence1 that-- 7i7 the respondent to such order poses a risk of personal injury to self or another individual1 during the period to be covered by the proposed ,federal extreme risk protection order1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7ii7 the order is necessary to prevent the injury described in clause 7i74 7#d7 ,issuance ,upon a showing of clear and convincing evidence under paragraph 7#c71 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 #ahj days4 7#e7 ,denial ,if the court finds that there is not clear and convincing evidence to support the issuance of a long-term ,federal order1 the court shall dissolve any ex parte ,federal order then in effect with respect to the respondent4 7#f7 ,renewal 7,a7 ,notice of scheduled expiration ,thirty days before the date on which a long-term ,federal order is scheduled to expire1 the court that issued the order shall-- 7i7 notify the petitioner and the respondent to such order that the order is scheduled to expire2 and 7ii7 advise the petitioner and the respondent of the procedures for seeking a renewal of the order under this paragraph4 7,b7 ,petition ,if a family or household member of the ,federal order respondent1 or a law enforcement officer1 believes that the conditions under paragraph 7#c77;,b7 continue to apply with respect to a respondent who is subject to a long-term ,federal order1 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 order4 7,c7 ,hearing ,a court that receives a petition submitted under subparagraph 7,b7 shall hold a hearing to determine whether to issue a renewed long-term ,federal order with respect to the respondent4 7,d7 ,applicable procedures ,the requirements under paragraphs 7#b7 through 7#e7 shall apply to the consideration of a petition for a renewed long-term ,federal order submitted under subparagraph 7,b7 of this paragraph4 7,e7 ,issuance ,upon a showing by clear and convincing evidence that the conditions under paragraph 7#c77;,b7 continue to apply with respect to the respondent1 the court shall issue a renewed long-term ,federal order with respect to the respondent4 7e7 ,factors ,to consider ,in determining whether to issue a ,federal extreme risk protection order1 a court-- 7#a7 shall consider factors including-- 7,a7 a recent threat or act of violence by the respondent directed toward another individual2 7,b7 a recent threat or act of violence by the respondent directed toward self2 7,c7 a recent act of cruelty to an animal by the respondent2 and 7,d7 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 individual2 and 7#b7 may consider other factors1 including-- 7,a7 the reckless use1 display1 or brandishing of a firearm by the respondent2 7,b7 a history of violence or attempted violence by the respondent against another individual2 and 7,c7 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 individual4 7f7 ,relinquishment of firearms and ammunition 7#a7 ,order of surrender ,upon issuance of an ex parte ,federal order or long-term ,federal order1 the court shall order the respondent to such order to surrender all firearms and ammunition that the respondent possesses or owns1 in or affecting interstate commerce1 as well as any permit authorizing the respondent to purchase or possess firearms 7including a concealed carry permit71 to-- 7,a7 the ,united ,states ,marshals ,service2 or 7,b7 a designated law enforcement officer4 7#b7 ,surrender and removal 7,a7 ,manner of service 7i7 ,personal service ,except as provided in clause 7ii71 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 order4 7ii7 ,alternative service ,if the respondent cannot reasonably be located for service as described in clause 7i71 a ,federal extreme risk protection order may be served on the respondent in any manner authorized under the ,federal ,rules of ,civil ,procedure4 7,b7 ,removal ,except as provided in subparagraph 7,c71 a ,united ,states marshal or designated law enforcement officer serving a ,federal extreme risk protection order personally on the respondent shall-- 7i7 request that all firearms and ammunition1 in or affecting interstate commerce1 as well as any permit authorizing the respondent to purchase or possess firearms 7including a concealed carry permit71 that the respondent possesses or owns-- 7,i7 be immediately surrendered to the ,united ,states marshal or designated law enforcement officer2 or 7,,ii7 at the option of the respondent1 be immediately surrendered and sold to a federally licensed firearms dealer2 and 7ii7 take possession of all firearms and ammunition described in clause 7i7 that are not sold under subclause 7,,ii7 of that clause1 as well as any permit described in that clause1 that are-- 7,i7 surrendered2 7,,ii7 in plain sight2 or 7,,iii7 discovered pursuant to a lawful search4 7,c7 ,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 7,a77i71 or is not reasonably able to take custody of the firearms1 ammunition1 and permits under subparagraph 7,b71 the respondent shall surrender the firearms1 ammunition1 and permits in a safe manner to the control of a ,united ,states marshal or designated law enforcement officer not later than #dh hours after being served with the order4 7#c7 ,receipt 7,a7 ,issuance ,at the time of surrender or removal under paragraph 7#b71 a ,united ,states marshal or designated law enforcement officer taking possession of a firearm1 ammunition1 or a permit pursuant to a ,federal extreme risk protection order shall-- 7i7 issue a receipt identifying all firearms1 ammunition1 and permits that have been surrendered or removed2 and 7ii7 provide a copy of the receipt issued under clause 7i7 to the respondent to such order4 7,b7 ,filing ,not later than #gb hours after issuance of a receipt under subparagraph 7,a71 the ,united ,states marshal who issued the receipt or designated another law enforcement officer to do so shall-- 7i7 file the original receipt issued under subparagraph 7,a7 of this paragraph with the court that issued the ,federal extreme risk protection order2 and 7ii7 ensure that the ,united ,states ,marshals ,service retains a copy of the receipt4 7,c7 ,designated law enforcement officer ,if a designated law enforcement officer issues a receipt under subparagraph 7,a71 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 7,b74 7#d7 ,forfeiture ,if a respondent knowingly attempts1 in violation of a ,federal extreme risk protection order1 to access a firearm1 ammunition1 or a permit that was surrendered or removed under this subsection1 the firearm1 ammunition1 or permit shall be subject to seizure and forfeiture under section #ibd7;d74 7g7 ,return of firearms and ammunition 7#a7 ,notice ,if a ,federal extreme risk protection order is dissolved1 or expires and is not renewed1 the court that issued the order shall order the ,united ,states ,marshals ,service to-- 7,a7 confirm1 through the national instant criminal background check system and any other relevant law enforcement databases1 that the respondent to such order may lawfully own and possess firearms and ammunition2 and 7,b7 7i7 if the respondent may lawfully own and possess firearms and ammunition1 notify the respondent that the respondent may retrieve each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f72 or 7ii7 if the respondent may not lawfully own or possess firearms and ammunition1 notify the respondent that each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f7 will be returned only when the respondent demonstrates to the ,united ,states ,marshals ,service that the respondent may lawfully own and possess firearms and ammunition4 7#b7 ,return ,if a ,federal extreme risk protection order is dissolved1 or expires and is not renewed1 and the ,united ,states ,marshals ,service confirms under paragraph 7#a77;,a7 that the respondent may lawfully own and possess firearms and ammunition1 the court that issued the order shall order the entity that possesses each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f7 to return those items to the respondent4 7h7 ,return of firearms and ammunition improperly received ,if a court1 in a hearing under subsection 7d71 determines that a firearm or ammunition surrendered by or removed from a respondent under subsection 7f7 is owned by an individual other than the respondent1 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-- 7#a7 the individual may lawfully own and possess firearms and ammunition2 and 7#b7 the individual will not provide the respondent with access to the firearm or ammunition4 7i7 ,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 section1 or who knowingly files such a petition that is frivolous1 unreasonable1 or without foundation1 shall be fined not more than #e1jjj1 or imprisoned not more than #e years1 or both1 except to the extent that a greater sentence is otherwise provided by any other provision of law1 as the court deems necessary to deter such abuse of process4 7j7 ,model policy 7#a7 ,in general ,the ,director shall draft a model policy to maximize the accessibility of ,federal extreme risk protection orders4 7#b7 ,contents ,in drafting the model policy under paragraph 7#a71 the ,director shall-- 7,a7 ensure that ,state1 ,tribal1 and local law enforcement officers and members of the public without legal training are able to easily file petitions for ,federal extreme risk protection orders2 7,b7 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 petitions1 either-- 7i7 through direct outreach2 or 7ii7 in coordination with-- 7,i7 relevant officials in the executive or legislative branch of the ,federal ,government2 or 7,,ii7 with relevant ,state1 ,tribal1 and local officials2 7,c7 prescribe policies for allowing the filing of petitions and prompt adjudication of petitions on weekends and outside of normal court hours2 7,d7 prescribe policies for coordinating with law enforcement agencies to ensure the safe1 timely1 and effective service of ,federal extreme risk protection orders and relinquishment of firearms1 ammunition1 and permits1 as applicable2 and 7,e7 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 section4 7k7 ,reporting 7#a7 ,individual reports 7,a7 ,in general ,not later than #b 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 renewed1 the court shall notify-- 7i7 the ,attorney ,general2 7ii7 each relevant mental health agency in the ,state in which the order is issued2 and 7iii7 ,state and local law enforcement officials in the jurisdiction in which the order is issued1 including the national instant criminal background check system single point of contact for the ,state of residence of the respondent1 where applicable4 7,b7 ,format ,a court shall submit a notice under subparagraph 7,a7 in an electronic format1 in a manner prescribed by the ,attorney ,general4 7,c7 ,update of databases ,as soon as practicable and not later than #e days after receiving a notice under subparagraph 7,a71 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 order4 7#b7 ,annual report ,not later than #a year after the date of enactment of the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf1 and annually thereafter1 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 includes1 with respect to the preceding year-- 7,a7 the number of petitions for ex parte ,federal orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 whether the individual authorized under subsection 7b7 to petition for a ,federal extreme risk protection order is a law enforcement officer1 or a family or household member1 and in the case of a family or household member1 which of subparagraphs 7,a7 through 7,g7 of subsection 7a77#f7 describes the relationship2 and 7iii7 the alleged danger posed by the ,federal order respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,b7 the number of petitions for long-term ,federal orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 whether the individual authorized under subsection 7b7 to petition for a ,federal extreme risk protection order is a law enforcement officer1 or a family or household member1 and in the case of a family or household member1 which of subparagraphs 7,a7 through 7,g7 of subsection 7a77#f7 describes the relationship2 and 7iii7 the alleged danger posed by the ,federal order respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,c7 the number of petitions for renewals of long-term ,federal orders filed1 as well as the number of such orders issued and the number denied2 7,d7 the number of cases in which a court has issued a penalty for false reporting or frivolous petitions2 7,e7 demographic data of ,federal order petitioners1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 average annual income1 and ,english language proficiency1 if available2 7,f7 demographic data of ,federal order respondents1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 average annual income1 and ,english language proficiency1 if available2 and 7,g7 the total number of firearms removed pursuant to ,federal extreme risk protection orders1 and1 if available1 the number of firearms removed pursuant to each such order4 7l7 ,training for ,federal law enforcement officers 7#a7 ,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 safe1 impartial1 effective1 and equitable use and administration of ,federal extreme risk protection orders1 including training to address-- 7,a7 bias based on race and racism1 ethnicity1 gender1 sexual orientation1 gender identity1 religion1 language proficiency1 mental health condition1 disability1 and classism in the use and administration of ,federal extreme risk protection orders2 7,b7 the appropriate use of ,federal extreme risk protection orders in cases of domestic violence1 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 order1 if applicable2 7,c7 interacting with persons with mental1 behavioral1 or physical disabilities1 or emotional distress1 including de-escalation techniques and crisis intervention2 7,d7 techniques for outreach to historically marginalized cultural communities and the development of linguistic proficiencies for law enforcement2 7,e7 community relations2 and 7,f7 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 individuals1 including health care1 mental health1 substance abuse1 and legal services1 employment and vocational services1 housing assistance1 case management1 and veterans and disability benefits4 7#b7 ,training development ,federal law enforcement agencies developing law enforcement training required under this section shall seek advice from domestic violence service providers 7including culturally specific 7as defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia77 providers71 social service providers1 suicide prevention advocates1 violence intervention specialists1 law enforcement agencies1 mental health disability experts1 and other community groups working to reduce suicides and violence1 including domestic violence1 within the ,state4 7m7 ,rule of construction ,nothing in this section shall be construed to alter the requirements of subsection 7d77#h7 or 7g77#h7 of section #ibb1 related to domestic violence protective orders4 7n7 ,preemption ,nothing in this section may be construed to preempt any ,state law or policy4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ice4 ,extreme risk protection orders4 4 7#b7 ,forfeiture ,section #ibd7;d77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,f71 by striking and at the end2 7,b7 in subparagraph 7,g71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,h7 any attempt to violate a ,federal extreme risk protection order issued under section #ice4 4 #c4 ,federal firearms prohibition ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#aj71 by striking or at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#aa7 the following3 7#ab7 is subject to a court order-- 7,a7 issued under section #ice2 or 7,b7 that is an extreme risk protection order 7as defined in section #d7;a7 of the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf74 2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h77;,c77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order-- 7,a7 issued under section #ice2 or 7,b7 that is an extreme risk protection order 7as defined in section #d7;a7 of the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf71 4 #d4 ,extreme risk protection order grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or ,indian ,tribe-- 7i7 that enacts legislation described in subsection 7c72 7ii7 with respect to which the ,attorney ,general determines that the legislation described in clause 7i7 complies with the requirements under subsection 7c77#a72 and 7iii7 that certifies to the ,attorney ,general that the ,state or ,indian ,tribe shall-- 7,i7 use the grant for the purposes described in subsection 7b77#b72 and 7,,ii7 allocate not less than #be percent and not more than #gj percent of the amount received under a grant under subsection 7b7 for the development and dissemination of training for law enforcement officers in accordance with subsection 7b77#d72 or 7,b7 a unit of local government or other public or private entity that-- 7i7 is located in a ,state or in the territory under the jurisdiction of an ,indian ,tribe that meets the requirements described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 certifies to the ,attorney ,general that the unit of local government or entity shall-- 7,i7 use the grant for the purposes described in subsection 7b77#b72 and 7,,ii7 allocate not less than #be percent and not more than #gj 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 7b77#d74 7#b7 ,extreme risk protection order ,the term extreme risk protection order means a written order or warrant1 issued by a ,state or ,tribal court or signed by a magistrate 7or other comparable judicial officer71 the primary purpose of which is to reduce the risk of firearm-related death or injury by doing #a or more of the following3 7,a7 ,prohibiting a named individual from having under the custody or control of the individual1 owning1 purchasing1 possessing1 or receiving a firearm4 7,b7 ,having a firearm removed or requiring the surrender of firearms from a named individual4 7#c7 ,firearm ,the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #agji of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajchi74 7#e7 ,law enforcement officer ,the term law enforcement officer means a public servant authorized by ,federal1 ,state1 local1 or ,tribal law or by a ,federal1 ,state1 local1 or ,tribal government agency to-- 7,a7 engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 or 7,b7 supervise sentenced criminal offenders4 7#f7 ,petitioner ,the term petitioner means an individual authorized under ,state or ,tribal law to petition for an extreme risk protection order4 7#g7 ,respondent ,the term respondent means an individual named in the petition for an extreme risk protection order or subject to an extreme risk protection order4 7#h7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#i7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7b7 ,grant program established 7#a7 ,in general ,the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice shall establish a program under which1 from amounts made available to carry out this section1 the ,director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection 7c74 7#b7 ,use of funds ,funds awarded under this subsection may be used by an applicant to-- 7,a7 enhance the capacity of law enforcement agencies and the courts of a ,state1 unit of local government1 or ,indian ,tribe by providing personnel1 training1 technical assistance1 data collection1 and other resources to carry out enacted legislation described in subsection 7c72 7,b7 train judges1 court personnel1 health care and legal professionals1 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 violence2 7,c7 develop and implement law enforcement and court protocols1 forms1 and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection 7c7 in a safe1 equitable1 and effective manner1 including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation2 and 7,d7 raise public awareness and understanding of the enacted legislation described in subsection 7c71 including through subgrants to community-based organizations for the training of community members1 so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury4 7#c7 ,application ,an eligible entity desiring a grant under this subsection shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information as the ,attorney ,general may reasonably require4 7#d7 ,training 7,a7 ,in general ,a recipient of a grant under this subsection shall provide training to law enforcement officers1 including officers of relevant ,federal1 ,state1 local1 and ,tribal law enforcement agencies1 in the safe1 impartial1 effective1 and equitable use and administration of extreme risk protection orders1 including training to address-- 7i7 bias based on race and racism1 ethnicity1 gender1 sexual orientation1 gender identity1 religion1 language proficiency1 mental health condition1 disability1 and classism in the use and administration of extreme risk protection orders2 7ii7 the appropriate use of extreme risk protection orders in cases of domestic violence1 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 order1 if applicable2 7iii7 interacting with persons with mental1 behavioral1 or physical disabilities1 or emotional distress1 including de-escalation techniques and crisis intervention2 7iv7 techniques for outreach to historically marginalized cultural communities and the development of linguistic proficiencies for law enforcement2 7v7 community relations2 and 7vi7 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 individuals1 including health care1 mental health1 substance abuse1 and legal services1 employment and vocational services1 housing assistance1 case management1 and veterans and disability benefits4 7,b7 ,consultation with experts ,a recipient of a grant under this subsection1 in developing law enforcement training required under subparagraph 7,a71 shall seek advice from domestic violence service providers 7including culturally specific 7as defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia77 providers71 social service providers1 suicide prevention advocates1 violence intervention specialists1 law enforcement agencies1 mental health disability experts1 and other community groups working to reduce suicides and violence1 including domestic violence1 within the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable1 that enacted the legislation described in subsection 7c7 that enabled the grant recipient to be an eligible entity4 7#e7 ,incentives ,for each of fiscal years #bjbf through #bjcj1 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 7c7 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 ,tribe4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 7c7 ,eligibility for extreme risk protection order grant program 7#a7 ,requirements ,legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following3 7,a7 ,application for extreme risk protection order ,a petitioner1 including a law enforcement officer1 may submit an application to a ,state or ,tribal court1 on a form designed by the court or a ,state or ,tribal agency1 that-- 7i7 describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual2 and 7ii7 is signed by the applicant1 under oath4 7,b7 ,notice and due process ,the individual named in an application for an extreme risk protection order as described in subparagraph 7,a7 shall be given written notice of the application and an opportunity to be heard on the matter in accordance with this paragraph4 7,c7 ,issuance of extreme risk protection orders 7i7 ,hearing 7,i7 ,in general ,upon receipt of an application described in subparagraph 7,a7 or request of an individual named in such an application1 the court shall order a hearing to be held within a reasonable time1 and not later than #cj days after the date of the application or request4 7,,ii7 ,determination ,if the court finds at the hearing ordered under subclause 7,i71 by a preponderance of the evidence or according to a higher evidentiary standard established by the ,state or ,indian ,tribe1 that the respondent poses a danger of causing harm to self or others by having access to a firearm1 the court may issue an extreme risk protection order4 7ii7 ,duration of extreme risk protection order ,an extreme risk protection order shall be in effect-- 7,i7 until an order terminating or superseding the extreme risk protection order is issued2 or 7,,ii7 for a set period of time4 7,d7 ,ex parte extreme risk protection orders 7i7 ,in general ,upon receipt of an application described in subparagraph 7,a71 the court may issue an ex parte extreme risk protection order1 if-- 7,i7 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 firearm2 and 7,,ii7 the court finds there is reasonable cause to believe1 or makes a finding according to a higher evidentiary standard established by the ,state or ,indian ,tribe1 that the respondent poses a danger of causing harm to self or others by having access to a firearm4 7ii7 ,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 7,c77i74 7,e7 ,storage of removed firearms 7i7 ,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 law1 and1 where applicable1 ,tribal law to possess firearms4 7ii7 ,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 individual4 7,f7 ,notification 7i7 ,in general 7,i7 ,requirement ,a ,state or ,tribal court that issues an extreme risk protection order shall notify the ,attorney ,general or the comparable ,state or ,tribal agency1 as applicable1 of the order as soon as practicable or within a designated period of time4 7,,ii7 ,form and manner ,a ,state or ,tribal court shall submit a notification under subclause 7,i7 in an electronic format1 in a manner prescribed by the ,attorney ,general or the comparable ,state or ,tribal agency4 7ii7 ,update of databases ,as soon as practicable or within the time period designated by ,state or ,tribal law after receiving a notification under clause 7i71 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 ,system4 7#b7 ,additional provisions ,legislation described in this subsection may-- 7,a7 provide procedures for the termination of an extreme risk protection order2 7,b7 provide procedures for the renewal of an extreme risk protection order2 7,c7 establish burdens and standards of proof for issuance of orders described in paragraph 7#a7 that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph2 7,d7 limit the individuals who may submit an application described in paragraph 7#a71 provided that1 at a minimum1 law enforcement officers are authorized to do so2 and 7,e7 include any other authorizations or requirements that the ,state or ,tribal authorities determine appropriate4 7#c7 ,annual report ,not later than #a year after the date on which an eligible entity receives a grant under subsection 7b71 and annually thereafter for the duration of the grant period1 the entity shall submit to the ,attorney ,general a report that includes1 with respect to the preceding year-- 7,a7 the number of petitions for ex parte extreme risk protection orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 the individual authorized under ,state or ,tribal law to petition for an extreme risk protection order1 including the relationship of the individual to the respondent2 and 7iii7 the alleged danger posed by the respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,b7 the number of petitions for extreme risk protection orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 the individual authorized under ,state or ,tribal law to petition for an extreme risk protection order1 including the relationship of the individual to the respondent2 and 7iii7 the alleged danger posed by the respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,c7 the number of petitions for renewals of extreme risk protection orders filed1 as well as the number of such orders issued and the number denied2 7,d7 the number of cases in which a court imposed a penalty for false reporting or frivolous petitions2 7,e7 demographic data of petitioners1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 average annual income1 and ,english language proficiency1 if available2 7,f7 demographic data of respondents1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 average annual income1 and ,english language proficiency1 if available2 and 7,g7 the total number of firearms removed pursuant to extreme risk protection orders1 and1 if available1 the number of firearms removed pursuant to each such order4 #e4 ,identification records ,section #ecd of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 7,a7 subject to subparagraph 7,b71 acquire1 collect1 classify1 and preserve records from ,federal1 ,tribal1 and ,state courts and other agencies identifying individuals subject to extreme risk protection orders1 as defined in section #d7;a7 of the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf2 and 7,b7 destroy each record acquired or collected under subparagraph 7,a7 when the applicable extreme risk protection order expires or is terminated or dissolved2 and 2 7#b7 in subsection 7b71 by striking 7a77#e7 and inserting 7a77#f72 and 7#c7 by adding at the end the following3 7g7 ,extreme risk protection orders in national crime information databases ,a ,federal1 ,tribal1 or ,state criminal justice agency or criminal or civil court may-- 7#a7 include extreme risk protection orders1 as defined in section #d of the ,federal ,extreme ,risk ,protection ,order ,act of #bjbf1 and ,federal extreme risk protection orders1 as defined in section #ice of title #ah1 in national crime information databases1 as that term is defined in subsection 7f77#c7 of this section2 and 7#b7 have access to information regarding extreme risk protection orders and ,federal extreme risk protection orders through the national crime information databases4 4 #f4 ,full faith and credit 7a7 ,definitions ,in this section1 the terms extreme risk protection order1 ,indian ,tribe1 and ,state have the meanings given those terms in section #d7;a74 7b7 ,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 7referred to in this subsection as the enforcing ,state or ,indian ,tribe7 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 ,tribe4 7c7 ,applicability to protection orders 7#a7 ,in general ,subsection 7b7 shall apply to a protection order issued by a ,state or ,tribal court if-- 7,a7 the court has jurisdiction over the parties and matter under the law of the ,state or ,indian ,tribe2 and 7,b7 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 process4 7#b7 ,ex parte protection orders ,for purposes of paragraph 7#a77;,b71 in the case of an ex parte protection order1 notice and opportunity to be heard shall be provided within the time required by ,state or ,tribal law1 and in any event within a reasonable time after the order is issued1 sufficient to protect the due process rights of the respondent4 7d7 ,tribal court jurisdiction ,for purposes of this section1 a court of an ,indian ,tribe shall have full civil jurisdiction to issue and enforce a protection order involving any person1 including the authority to enforce any order through civil contempt proceedings1 to exclude violators from ,indian land1 and to use other appropriate mechanisms1 in matters arising anywhere in the ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 of the ,indian ,tribe or otherwise within the authority of the ,indian ,tribe4 #g4 ,conforming amendment ,section #c7a7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijc7a77 is amended by striking section #ibb7;g77#h7 and inserting paragraph 7#h7 or 7#aj7 of section #ibb7;g74 #h4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4 #i4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4