I 

116TH CONGRESS 

2D SESSION H. R. 8823 

To prohibit the use of nonlethal rounds by Federal law enforcement officers 

in certain contexts, and to discourage the use of such munitions by 

State and local law enforcement officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 27, 2020 

Mr. BRENDAN F. BOYLE of Pennsylvania (for himself, Mr. RASKIN, Mrs. 

HAYES, Ms. VELA ́ZQUEZ, and Ms. OMAR) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To prohibit the use of nonlethal rounds by Federal law 

enforcement officers in certain contexts, and to discourage the use of such munitions by State and local law 

enforcement officers, 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 ‘‘Banning Rubber Bul5 lets Act of 2020’’. 

6 SEC. 2. IN GENERAL. 

7 (a) PROHIBITION ON USE BY FEDERAL OFFICERS.— 

8 A Federal law enforcement officer may not use a nonlethal 


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1 round in any crowd control situation, or in response to 

2 passive resistance by a person to any order given by that 

3 officer. On each occasion that a Federal law enforcement 

4 officer uses a nonlethal round, the agency employing such 

5 officer shall submit notice to the Attorney General and 

6 to the Congressional committee with jurisdiction over that 

7 agency. In any case where a law enforcement officer uses 

8 a nonlethal round in violation of this subsection, any per9 son injured by such use may bring a civil action for appro10 priate relief. 

11 (b) DISCOURAGING USE BY STATE AND LOCAL OFFI12 CERS.— 

13 (1) LIMITING USE OF NONLETHAL ROUNDS RE14 QUIREMENT.—For each fiscal year after the expira15 tion of the period specified in paragraph (2) in 

16 which a State or unit of local government receives 

17 a grant under part E of title I of the Omnibus 

18 Crime Control and Safe Streets Act of 1968 (34 

19 U.S.C. 3750 et seq.) or part Q of such title, the 

20 State or unit of local government shall conform its 

21 laws with the following: 

22 (A) A law enforcement officer of that State 

23 or unit of local government may not use a non24 lethal round in a crowd control situation, or in 


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1 response to passive resistance by a person to 

2 any order given by that officer. 

3 (B) On any occasion a law enforcement of4 ficer of that State or unit of local government 

5 uses a nonlethal round, that State or unit of 

6 local government shall submit a report to the 

7 Attorney General. 

8 (C) In any case where a law enforcement 

9 officer uses a nonlethal round in violation of 

10 subparagraph (A), any person injured by such 

11 use may bring a civil action for appropriate re12 lief against the agency employing the law en13 forcement officer. 

14 (2) COMPLIANCE AND INELIGIBILITY.— 

15 (A) COMPLIANCE DATE.—Beginning on 

16 the first full fiscal year after the date of enact17 ment of this Act, each State or unit of local 

18 government referred to in paragraph (1) receiv19 ing a grant shall comply with paragraph (1), 

20 except that the Attorney General may grant an 

21 additional 180 days to a State or unit of local 

22 government that is making good faith efforts to 

23 comply with such paragraph. 

24 (B) INELIGIBILITY FOR FUNDS.—For any 

25 fiscal year after the expiration of the period 


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1 specified in subparagraph (A), a State or unit 

2 of local government that fails to comply with 

3 paragraph (1), shall, at the discretion of the At4 torney General, be subject to a reduction of not 

5 more than 15 percent of the funds that would 

6 otherwise be allocated for that fiscal year to the 

7 State or unit of local government under— 

8 (i) subpart 1 of part E of title I of the 

9 Omnibus Crime Control and Safe Streets 

10 Act of 1968 (34 U.S.C. 10151 et seq.), 

11 whether characterized as the Edward 

12 Byrne Memorial State and Local Law En13 forcement Assistance Programs, the Local 

14 Government Law Enforcement Block 

15 Grants Program, the Edward Byrne Me16 morial Justice Assistance Grant Program, 

17 or otherwise; and 

18 (ii) part Q of such title (34 U.S.C. 

19 10381 et seq.). 

20 (3) REALLOCATION.—Amounts not allocated 

21 under a program referred to in paragraph (2)(B)(i) 

22 to a State for failure to fully comply with paragraph 

23 (1) shall be reallocated under that program to States 

24 that have not failed to comply with such paragraph. 


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1 (c) INVESTIGATION.—The Attorney General shall in2 vestigate and publish a report on the results of such inves3 tigation in the case of any use of nonlethal rounds by a 

4 Federal, State, or local law enforcement officer. 

5 (d) DEFINITIONS.— 

6 (1) IN GENERAL.—Terms used in this Act have 

7 the meanings given such terms in section 901 of title 

8 I of the Omnibus Crime Control and Safe Streets 

9 Act of 1968. 

10 (2) FEDERAL LAW ENFORCEMENT OFFICER.— 

11 The term ‘‘Federal law enforcement officer’’ 

12 means— 

13 (A) an employee or officer in a position in 

14 the executive, legislative, or judicial branch of 

15 the Federal Government who is authorized by 

16 law to engage in or supervise a law enforcement 

17 function; or 

18 (B) an employee or officer of a contractor 

19 or subcontractor (at any tier) of an agency in 

20 the executive, legislative, or judicial branch of 

21 the Federal Government who is authorized by 

22 law or under the contract with the agency to 

23 engage in or supervise a law enforcement func24 tion. 


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1 (3) NONLETHAL ROUND.—The term ‘‘nonlethal 

2 round’’ means a projectile fired from a gun, gun3 like, or other apparatus used with the intension to 

4 apply nonlethal force, or for an intension other than 

5 killing the intended or unintended target, and in6 cludes— 

7 (A) rubber bullets; 

8 (B) plastic bullets; 

9 (C) bullets with metal core or metal exter10 nal shell; 

11 (D) bullets made with hardened foam; 

12 (E) beanbag bullets; and 

13 (F) sponge bullets. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed as permitting or encouraging law 

16 enforcement to use any other type of bullet in crowd con17 trol situations. 

Æ 


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