Preventing the Misuse of Tear Gas Act
Bill: S.1579 | Sponsor: Sen. Kaine, Tim (D-VA)
Policy area: Crime and Law Enforcement

Summary:
Preventing the Misuse of Tear Gas Act
This bill establishes a framework to limit the use of riot control agents (e.g., tear gas) by federal, state, and local law enforcement officers.
Specifically, it requires federal law enforcement agencies to maintain policies that (1) permit their use only to stop violent activities, and (2) minimize the impact of their use on those not participating in the violent activity. State and local law enforcement agencies must maintain similar policies and procedures as a condition of receiving funds under the Edward Byrne Memorial Justice Assistance Grant program and the Community Oriented Policing Services program.

To appropriately limit the use of riot control agents.

    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 ``Preventing the Misuse of Tear Gas 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Riot control agents are heavily regulated on the 
        battlefield and have been banned by the international community 
        under the Convention on the Prohibition of the Development, 
        Production, Stockpiling and Use of Chemical Weapons and on 
        their Destruction, done at Geneva September 3, 1992, and 
        entered into force April 29, 1997 (commonly referred to as the 
        ``Chemical Weapons Convention'').
            (2) The Centers for Disease Control and Prevention 
        recognize that exposure to riot control agents can impose both 
        immediate and long term health effects, including blindness, 
        glaucoma, cataracts, asthma, burns, and respiratory failure 
        possibly resulting in death.
            (3) Riot control agents cause respiratory distress and pose 
        particular challenges in urban communities, and among minority 
        populations, where incidences of respiratory illness are 
        disproportionately high.
            (4) Riot control agents cause respiratory distress and pose 
        significant challenges during the COVID-19 pandemic due to the 
        damage that the pandemic has inflicted to respiratory systems 
        of millions of people.
            (5) If the use of riot control agents is regulated on the 
        battlefield, their indiscriminate use against civilian 
        populations should not be allowed.
            (6) Limiting the use of riot control agents to stop violent 
        behavior can be a valid strategy to de-escalate violence and 
        avoid greater use of force by law enforcement.
            (7) In particular, riot control agents should not be 
        deployed against persons behaving peacefully.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Law enforcement officer.--The term ``law enforcement 
        officer''--
                    (A) means any officer of the United States, a 
                State, or a 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
                    (B) includes a member of the Armed Forces 
                (including any reserve component) under orders to act 
                in a policing capacity in the United States.
            (2) Riot control agent.--The term ``riot control agent''--
                    (A) means any chemical that--
                            (i) is not included on any schedule of 
                        chemicals contained in the Annex on Chemicals 
                        of the Convention on the Prohibition of the 
                        Development, Production, Stockpiling and Use of 
                        Chemical Weapons and on their Destruction, done 
                        at Geneva September 3, 1992, and entered into 
                        force April 29, 1997 (commonly referred to as 
                        the ``Chemical Weapons Convention''); and
                            (ii) can produce rapidly in humans sensory 
                        irritation or disabling physical effects which 
                        disappear within a short time following 
                        termination of exposure; and
                    (B) includes the chemical compounds 2-
                chlorobenzalmalononitrile, chloroacetophenone, and 
                oleoresin capsicum.
            (3) Violent activity.--The term ``violent activity'' means 
        activity causing physical injury to persons or serious property 
        damage.

SEC. 4. USE OF FORCE STANDARD RELATED TO THE USE OF RIOT CONTROL 
              AGENTS.

    (a) Federal Law Enforcement on Use of Force Policy Requirement.--
Beginning with the first fiscal year that begins after the date of 
enactment of this Act, all Federal law enforcement agencies shall have 
in effect a clear set of policies related to the use of force that 
clearly states that--
            (1) the use of riot control agents or similar irritants 
        should be avoided wherever possible against non-violent 
        civilians and only deployed to stop violent activity; and
            (2) the use of riot control agents or similar irritants to 
        quell violent activity should be directed in way that minimizes 
        any impact on those not participating in the violent activity.
    (b) State and Local Law Enforcement Use of Force Requirement.--
Beginning with 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 I 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 effect a law or policy, and be in substantial compliance 
with such law or policy, establishing use of force standards for law 
enforcement officers that clearly state that--
            (1) the use of riot control agents or similar irritants 
        should be avoided wherever possible against non-violent 
        civilians and only deployed to stop violent activity; and
            (2) the use of riot control agents or similar irritants to 
        quell violent activity should be directed in way that minimizes 
        any impact on those not participating in the violent activity.
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