Title: No Tear Gas or Projectiles Act
Policy area: Crime and Law Enforcement

Summary:
No Tear Gas or Projectiles Act
This bill establishes a framework to prohibit and impose civil penalties for the use of riot control agents (e.g., tear gas) and kinetic impact projectiles (e.g., rubber bullets) by law enforcement officers.
Specifically, it prohibits federal law enforcement officers from using such items while on duty. Additionally, a state or local government must have in effect a similar prohibition and civil penalties to be eligible for funds under the Edward Byrne Memorial Justice Assistance Grant program and the Community Oriented Policing Services program.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4114 Introduced in Senate (IS)]

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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.

    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 ``No Tear Gas or Projectiles Act''.

SEC. 2. PROHIBITING USE OF RIOT CONTROL AGENTS AND KINETIC IMPACT 
              PROJECTILES BY LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section--
            (1) the term ``kinetic impact projectile'' means a rubber 
        or plastic bullet, bean bag round, sponge round, pellet round, 
        wooden dowel, or other projectile-delivered impact munition;
            (2) the term ``Federal law enforcement officer'' has the 
        meaning given the term in section 115 of title 18, United 
        States Code; and
            (3) the term ``riot control agent'' has the meaning given 
        the term in 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'').
    (b) Prohibition on Use by Federal Law Enforcement Officers.--
            (1) Prohibition.--A Federal law enforcement officer may not 
        use a riot control agent or kinetic impact projectile for any 
        purpose while on duty.
            (2) Civil penalty.--
                    (A) In general.--A Federal law enforcement officer 
                who violates paragraph (1) shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $10,000 for each violation.
                    (B) Determination.--In determining whether to 
                impose a civil penalty under subparagraph (A) and the 
                amount of the civil penalty, a court shall take into 
                account--
                            (i) the nature, circumstances, and extent 
                        of the violation; and
                            (ii) such other matters as justice may 
                        require.
            (3) Civil action.--Any person aggrieved by a violation of 
        paragraph (1) by a Federal law enforcement officer may bring a 
        civil action against the Federal law enforcement officer in any 
        appropriate district court of the United States to obtain such 
        relief as may be appropriate.
    (c) Incentivizing Banning Use by State and Local Law Enforcement 
Officers.--Beginning in the first fiscal year beginning after the date 
of enactment of this Act, a State or unit of local government may not 
receive funds under the Edward Byrne Memorial Justice Assistance Grant 
Program 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.) or the 
``Cops on the Beat'' program under part Q of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) 
for a fiscal year if, on the day before the first day of the fiscal 
year, the State or unit of local government does not have in effect a 
law that, with respect to law enforcement officers in the State or unit 
of local government, respectively--
            (1) prohibits a law enforcement officer from using a riot 
        control agent or kinetic impact projectile for any purpose 
        while on duty; and
            (2) imposes on a law enforcement officer who violates the 
        law civil penalties and civil liability equivalent to the 
        criminal penalties and civil liability imposed on Federal law 
        enforcement officers under subsection (b) of this section.
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