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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prohibiting Law En-
forcement Use of Chemical Weapons Act’’. 
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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 weap-
on in the course of policing activities in the United States. 
(b) STATE AND LOCAL LAW ENFORCEMENT OFFI-
CERS.—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, prohib-
iting law enforcement officers in that jurisdiction from 
using a chemical weapon in the course of policing activi-
ties. 
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 chem-
ical 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 
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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 Inspec-
tor 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 fol-
lowing, together or separately: 
(A) A toxic chemical and its precursors. 
(B) A munition or device, specifically de-
signed to cause death or other harm through 
toxic properties of those toxic chemicals speci-
fied 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 employ-
ment of munitions or devices specified in para-
graph (2). 
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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 con-
duct 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 chem-
ical’’ have the meanings given such terms in section 
229F of title 18, United States Code. 
(4) The terms ‘‘State’’ and ‘‘unit of local gov-
ernment’’ 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). 
Æ 
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