[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7221 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7221

To prohibit law enforcement officers from using chemical weapons in the 
         course of policing activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2020

Ms. Ocasio-Cortez (for herself, Mr. Garcia of Illinois, Mr. Takano, and 
 Ms. Jayapal) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit law enforcement officers from using chemical weapons in the 
         course of policing activities, 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 ``Prohibiting Law Enforcement Use of 
Chemical Weapons Act''.

SEC. 2. PROHIBITION ON LAW ENFORCEMENT OFFICER USE OF CHEMICAL WEAPONS.

    (a) Federal Law Enforcement Officers.--No Federal law enforcement 
officer may use a chemical weapon in the course of policing activities 
in the United States.
    (b) State and Local Law Enforcement Officers.--Beginning in the 
first fiscal year that begins after the date of enactment of this Act, 
in order to be eligible to receive funds under subpart 1 of part E of 
title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10151 et seq.) and part Q of title I of such Act (34 U.S.C. 
10381 et seq.), a State or unit of local government shall have in place 
a law or policy, and be in substantial compliance with such law or 
policy, prohibiting law enforcement officers in that jurisdiction from 
using a chemical weapon in the course of policing activities.

SEC. 3. PROPER DISPOSAL.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, a Federal, State, or local law enforcement 
agency that has in its possession a chemical weapon that was acquired 
for a use that, in the case of a Federal law enforcement agency, would 
violate section 2(a), or in the case of a State or local law 
enforcement agency, would violate the law described in section 2(b), 
shall surrender such chemical weapon to the Attorney General for 
disposal in a manner that complies with any applicable environmental 
and safety regulations related to the disposal of such chemical weapon.
    (b) Inspector General Oversight.--The Inspector General of the 
Department of Justice shall conduct audits to ensure the appropriate 
disposal of chemical weapons under subsection (a), and shall, on an 
annual basis, report the findings of such audits to the Committees on 
the Judiciary of the House of Representatives and of the Senate.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``chemical weapon'' means the following, 
        together or separately:
                    (A) A toxic chemical and its precursors.
                    (B) A munition or device, specifically designed to 
                cause death or other harm through toxic properties of 
                those toxic chemicals specified in paragraph (1), which 
                would be released as a result of the employment of such 
                munition or device.
                    (C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in paragraph (2).
        Such term does not include oleoresin capsicum spray, or any 
        munition, device, or equipment related to such spray.
            (2) The term ``law enforcement officer'' means any officer 
        of the United States, a State, or unit of local government, who 
        is empowered by law to conduct investigations of, or make 
        arrests because of, offenses against the United States, the 
        District of Columbia, a State, or a political subdivision of a 
        State, and includes a member of the Armed Forces (including any 
        reserve component) under orders to act in a policing capacity 
        in the United States.
            (3) The terms ``precursor'' and ``toxic chemical'' have the 
        meanings given such terms in section 229F of title 18, United 
        States Code.
            (4) The terms ``State'' and ``unit of local government'' 
        have the meanings given such terms in section 901 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10251).
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