Prohibiting Law Enforcement Use of Chemical Weapons Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prohibiting Law En- 4 forcement Use of Chemical Weapons Act’’. 5 VerDate Sep 11 2014 04:04 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7221.IH H7221 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7221 IH SEC. 2. PROHIBITION ON LAW ENFORCEMENT OFFICER 1 USE OF CHEMICAL WEAPONS. 2 (a) FEDERAL LAW ENFORCEMENT OFFICERS.—No 3 Federal law enforcement officer may use a chemical weap- 4 on in the course of policing activities in the United States. 5 (b) STATE AND LOCAL LAW ENFORCEMENT OFFI- 6 CERS.—Beginning in the first fiscal year that begins after 7 the date of enactment of this Act, in order to be eligible 8 to receive funds under subpart 1 of part E of title 1 of 9 the Omnibus Crime Control and Safe Streets Act of 1968 10 (34 U.S.C. 10151 et seq.) and part Q of title I of such 11 Act (34 U.S.C. 10381 et seq.), a State or unit of local 12 government shall have in place a law or policy, and be 13 in substantial compliance with such law or policy, prohib- 14 iting law enforcement officers in that jurisdiction from 15 using a chemical weapon in the course of policing activi- 16 ties. 17 SEC. 3. PROPER DISPOSAL. 18 (a) IN GENERAL.—Not later than one year after the 19 date of enactment of this Act, a Federal, State, or local 20 law enforcement agency that has in its possession a chem- 21 ical weapon that was acquired for a use that, in the case 22 of a Federal law enforcement agency, would violate section 23 2(a), or in the case of a State or local law enforcement 24 agency, would violate the law described in section 2(b), 25 shall surrender such chemical weapon to the Attorney 26 VerDate Sep 11 2014 04:04 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7221.IH H7221 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7221 IH General for disposal in a manner that complies with any 1 applicable environmental and safety regulations related to 2 the disposal of such chemical weapon. 3 (b) INSPECTOR GENERAL OVERSIGHT.—The Inspec- 4 tor General of the Department of Justice shall conduct 5 audits to ensure the appropriate disposal of chemical 6 weapons under subsection (a), and shall, on an annual 7 basis, report the findings of such audits to the Committees 8 on the Judiciary of the House of Representatives and of 9 the Senate. 10 SEC. 4. DEFINITIONS. 11 In this Act: 12 (1) The term ‘‘chemical weapon’’ means the fol- 13 lowing, together or separately: 14 (A) A toxic chemical and its precursors. 15 (B) A munition or device, specifically de- 16 signed to cause death or other harm through 17 toxic properties of those toxic chemicals speci- 18 fied in paragraph (1), which would be released 19 as a result of the employment of such munition 20 or device. 21 (C) Any equipment specifically designed 22 for use directly in connection with the employ- 23 ment of munitions or devices specified in para- 24 graph (2). 25 VerDate Sep 11 2014 04:04 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7221.IH H7221 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7221 IH Such term does not include oleoresin capsicum 1 spray, or any munition, device, or equipment related 2 to such spray. 3 (2) The term ‘‘law enforcement officer’’ means 4 any officer of the United States, a State, or unit of 5 local government, who is empowered by law to con- 6 duct investigations of, or make arrests because of, 7 offenses against the United States, the District of 8 Columbia, a State, or a political subdivision of a 9 State, and includes a member of the Armed Forces 10 (including any reserve component) under orders to 11 act in a policing capacity in the United States. 12 (3) The terms ‘‘precursor’’ and ‘‘toxic chem- 13 ical’’ have the meanings given such terms in section 14 229F of title 18, United States Code. 15 (4) The terms ‘‘State’’ and ‘‘unit of local gov- 16 ernment’’ have the meanings given such terms in 17 section 901 of the Omnibus Crime Control and Safe 18 Streets Act of 1968 (34 U.S.C. 10251). 19 Æ VerDate Sep 11 2014 04:04 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7221.IH H7221 pamtmann on DSKBC07HB2PROD with BILLS