I 

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. GARCI ́A 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. 

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 ‘‘Prohibiting Law En5 forcement Use of Chemical Weapons Act’’. 


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1 SEC. 2. PROHIBITION ON LAW ENFORCEMENT OFFICER 

2 USE OF CHEMICAL WEAPONS. 

3 (a) FEDERAL LAW ENFORCEMENT OFFICERS.—No 

4 Federal law enforcement officer may use a chemical weap5 on in the course of policing activities in the United States. 

6 (b) STATE AND LOCAL LAW ENFORCEMENT OFFI7 CERS.—Beginning in the first fiscal year that begins after 

8 the date of enactment of this Act, in order to be eligible 

9 to receive funds under subpart 1 of part E of title 1 of 

10 the Omnibus Crime Control and Safe Streets Act of 1968 

11 (34 U.S.C. 10151 et seq.) and part Q of title I of such 

12 Act (34 U.S.C. 10381 et seq.), a State or unit of local 

13 government shall have in place a law or policy, and be 

14 in substantial compliance with such law or policy, prohib15 iting law enforcement officers in that jurisdiction from 

16 using a chemical weapon in the course of policing activi17 ties. 

18 SEC. 3. PROPER DISPOSAL. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of enactment of this Act, a Federal, State, or local 

21 law enforcement agency that has in its possession a chem22 ical weapon that was acquired for a use that, in the case 

23 of a Federal law enforcement agency, would violate section 

24 2(a), or in the case of a State or local law enforcement 

25 agency, would violate the law described in section 2(b), 

26 shall surrender such chemical weapon to the Attorney 


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1 General for disposal in a manner that complies with any 

2 applicable environmental and safety regulations related to 

3 the disposal of such chemical weapon. 

4 (b) INSPECTOR GENERAL OVERSIGHT.—The Inspec5 tor General of the Department of Justice shall conduct 

6 audits to ensure the appropriate disposal of chemical 

7 weapons under subsection (a), and shall, on an annual 

8 basis, report the findings of such audits to the Committees 

9 on the Judiciary of the House of Representatives and of 

10 the Senate. 

11 SEC. 4. DEFINITIONS. 

12 In this Act: 

13 (1) The term ‘‘chemical weapon’’ means the fol14 lowing, together or separately: 

15 (A) A toxic chemical and its precursors. 

16 (B) A munition or device, specifically de17 signed to cause death or other harm through 

18 toxic properties of those toxic chemicals speci19 fied in paragraph (1), which would be released 

20 as a result of the employment of such munition 

21 or device. 

22 (C) Any equipment specifically designed 

23 for use directly in connection with the employ24 ment of munitions or devices specified in para25 graph (2). 


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1 Such term does not include oleoresin capsicum 

2 spray, or any munition, device, or equipment related 

3 to such spray. 

4 (2) The term ‘‘law enforcement officer’’ means 

5 any officer of the United States, a State, or unit of 

6 local government, who is empowered by law to con7 duct investigations of, or make arrests because of, 

8 offenses against the United States, the District of 

9 Columbia, a State, or a political subdivision of a 

10 State, and includes a member of the Armed Forces 

11 (including any reserve component) under orders to 

12 act in a policing capacity in the United States. 

13 (3) The terms ‘‘precursor’’ and ‘‘toxic chem14 ical’’ have the meanings given such terms in section 

15 229F of title 18, United States Code. 

16 (4) The terms ‘‘State’’ and ‘‘unit of local gov17 ernment’’ have the meanings given such terms in 

18 section 901 of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (34 U.S.C. 10251). 

Æ 


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