Text: S.238 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-133 (03/09/2016)

 
[114th Congress Public Law 133]
[From the U.S. Government Publishing Office]



[[Page 295]]

        ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT OF 2015

[[Page 130 STAT. 296]]

Public Law 114-133
114th Congress

                                 An Act


 
To amend title 18, United States Code, to authorize the Director of the 
  Bureau of Prisons to issue oleoresin capsicum spray to officers and 
 employees of the Bureau of Prisons. <<NOTE: Mar. 9, 2016 -  [S. 238]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Eric Williams 
Correctional Officer Protection Act of 2015.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This Act may be cited as the ``Eric Williams Correctional Officer 
Protection Act of 2015''.
SEC. 2. OFFICERS AND EMPLOYEES OF THE BUREAU OF PRISONS AUTHORIZED 
                    TO CARRY OLEORESIN CAPSICUM SPRAY.

    (a) In General.--Chapter 303 of part III of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 4049. <<NOTE: 18 USC 4049.>> Officers and employees of the 
                  Bureau of Prisons authorized to carry oleoresin 
                  capsicum spray

    ``(a) In General.--The Director of the Bureau of Prisons shall 
issue, on a routine basis, oleoresin capsicum spray to--
            ``(1) any officer or employee of the Bureau of Prisons who--
                    ``(A) is employed in a prison that is not a minimum 
                or low security prison; and
                    ``(B) may respond to an emergency situation in such 
                a prison; and
            ``(2) to such additional officers and employees of prisons 
        as the Director determines appropriate, in accordance with this 
        section.

    ``(b) Training Requirement.--
            ``(1) In general.--In order for an officer or employee of 
        the Bureau of Prisons, including a correctional officer, to be 
        eligible to receive and carry oleoresin capsicum spray pursuant 
        to this section, the officer or employee shall complete a 
        training course before being issued such spray, and annually 
        thereafter, on the use of oleoresin capsicum spray.
            ``(2) Transferability of training.--An officer or employee 
        of the Bureau of Prisons who completes a training course 
        pursuant to paragraph (1) and subsequently transfers to 
        employment at a different prison, shall not be required to 
        complete an additional training course solely due such transfer.
            ``(3) Training conducted during regular employment.--An 
        officer or employee of the Bureau of Prisons who completes a 
        training course required under paragraph (1) shall do so during 
        the course of that officer or employee's regular employment, and 
        shall be compensated at the same rate that the

[[Page 130 STAT. 297]]

        officer or employee would be compensated for conducting the 
        officer or employee's regular duties.

    ``(c) Use of Oleoresin Capsicum Spray.--Officers and employees of 
the Bureau of Prisons issued oleoresin capsicum spray pursuant to 
subsection (a) may use such spray to reduce acts of violence--
            ``(1) committed by prisoners against themselves, other 
        prisoners, prison visitors, and officers and employees of the 
        Bureau of Prisons; and
            ``(2) committed by prison visitors against themselves, 
        prisoners, other visitors, and officers and employees of the 
        Bureau of Prisons.''.

    (b) Clerical Amendment.--The table of sections for chapter 303 of 
part III of title 18, United States Code, <<NOTE: 18 USC prec. 
4041.>> is amended by inserting after the item relating to section 4048 
the following:

``4049. Officers and employees of the Bureau of Prisons authorized to 
           carry oleoresin capsicum spray.''.

SEC. 3. GAO <<NOTE: Evaluation. Recommenda- tions.>> REPORT.

    Not later than the date that is 3 years after the date on which the 
Director of the Bureau of Prisons begins to issue oleoresin capsicum 
spray to officers and employees of the Bureau of Prisons pursuant to 
section 4049 of title 18, United States Code, as added by this Act, the 
Comptroller General of the United States shall submit to Congress a 
report that includes the following:
            (1) An evaluation of the effectiveness of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are not minimum or low security prisons 
        on--
                    (A) reducing crime in such prisons; and
                    (B) reducing acts of violence committed by prisoners 
                against themselves, other prisoners, prison visitors, 
                and officers and employees of the Bureau of Prisons in 
                such prisons.
            (2) An evaluation of the advisability of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are minimum or low security prisons, 
        including--
                    (A) the effectiveness that issuing such spray in 
                such prisons would have on reducing acts of violence 
                committed by prisoners against themselves, other 
                prisoners, prison visitors, and officers and employees 
                of the Bureau of Prisons in such prisons; and
                    (B) the cost of issuing such spray in such prisons.

[[Page 130 STAT. 298]]

            (3) Recommendations to improve the safety of officers and 
        employees of the Bureau of Prisons in prisons.

    Approved March 9, 2016.

LEGISLATIVE HISTORY--S. 238:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Dec. 16, considered and passed 
                                        Senate.
                                                        Vol. 162 (2016):
                                    Feb. 24, considered and passed 
                                        House.

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