II 

116TH CONGRESS 

2D SESSION S. 4114 

To prohibit Federal law enforcement officers from using riot control agents 

and kinetic impact projectiles, and to incentivize States and local governments to prohibit State and local law enforcement officers from using 

riot control agents and kinetic impact projectiles. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2020 

Mr. SANDERS (for Mr. MARKEY (for himself and Mr. SANDERS)) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To prohibit Federal law enforcement officers from using riot 

control agents and kinetic impact projectiles, and to 

incentivize States and local governments to prohibit State 

and local law enforcement officers from using riot control 

agents and kinetic impact projectiles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Tear Gas or Projec5 tiles Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4114 IS

1 SEC. 2. PROHIBITING USE OF RIOT CONTROL AGENTS AND 

2 KINETIC IMPACT PROJECTILES BY LAW EN3 FORCEMENT OFFICERS. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘kinetic impact projectile’’ means 

6 a rubber or plastic bullet, bean bag round, sponge 

7 round, pellet round, wooden dowel, or other projec8 tile-delivered impact munition; 

9 (2) the term ‘‘Federal law enforcement officer’’ 

10 has the meaning given the term in section 115 of 

11 title 18, United States Code; and 

12 (3) the term ‘‘riot control agent’’ has the mean13 ing given the term in the Convention on the Prohibi14 tion of the Development, Production, Stockpiling 

15 and Use of Chemical Weapons and on their Destruc16 tion, done at Geneva September 3, 1992, and en17 tered into force April 29, 1997 (commonly referred 

18 to as the ‘‘Chemical Weapons Convention’’). 

19 (b) PROHIBITION ON USE BY FEDERAL LAW EN20 FORCEMENT OFFICERS.— 

21 (1) PROHIBITION.—A Federal law enforcement 

22 officer may not use a riot control agent or kinetic 

23 impact projectile for any purpose while on duty. 

24 (2) CIVIL PENALTY.— 

25 (A) IN GENERAL.—A Federal law enforce26 ment officer who violates paragraph (1) shall be 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4114 IS

1 liable to the United States for a civil penalty in 

2 an amount not to exceed $10,000 for each vio3 lation. 

4 (B) DETERMINATION.—In determining 

5 whether to impose a civil penalty under sub6 paragraph (A) and the amount of the civil pen7 alty, a court shall take into account— 

8 (i) the nature, circumstances, and ex9 tent of the violation; and 

10 (ii) such other matters as justice may 

11 require. 

12 (3) CIVIL ACTION.—Any person aggrieved by a 

13 violation of paragraph (1) by a Federal law enforce14 ment officer may bring a civil action against the 

15 Federal law enforcement officer in any appropriate 

16 district court of the United States to obtain such re17 lief as may be appropriate. 

18 (c) INCENTIVIZING BANNING USE BY STATE AND

19 LOCAL LAW ENFORCEMENT OFFICERS.—Beginning in 

20 the first fiscal year beginning after the date of enactment 

21 of this Act, a State or unit of local government may not 

22 receive funds under the Edward Byrne Memorial Justice 

23 Assistance Grant Program under subpart 1 of part E of 

24 title I of the Omnibus Crime Control and Safe Streets Act 

25 of 1968 (34 U.S.C. 10151 et seq.) or the ‘‘Cops on the 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4114 IS

1 Beat’’ program under part Q of title I of the Omnibus 

2 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

3 10381 et seq.) for a fiscal year if, on the day before the 

4 first day of the fiscal year, the State or unit of local gov5 ernment does not have in effect a law that, with respect 

6 to law enforcement officers in the State or unit of local 

7 government, respectively— 

8 (1) prohibits a law enforcement officer from 

9 using a riot control agent or kinetic impact projectile 

10 for any purpose while on duty; and 

11 (2) imposes on a law enforcement officer who 

12 violates the law civil penalties and civil liability 

13 equivalent to the criminal penalties and civil liability 

14 imposed on Federal law enforcement officers under 

15 subsection (b) of this section. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS