II 

113TH CONGRESS 

2D SESSION S. 2309 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2014 

Mr. TOOMEY (for himself, Mr. CASEY, and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eric Williams Correc5 tional Officer Protection Act of 2014’’. 


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1 SEC. 2. OFFICERS AND EMPLOYEES OF THE BUREAU OF 

2 PRISONS AUTHORIZED TO CARRY OLEORESIN 

3 CAPSICUM SPRAY. 

4 (a) IN GENERAL.—Chapter 303 of part III of title 

5 18, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 4049. Officers and employees of the Bureau of Pris8 ons authorized to carry oleoresin cap9 sicum spray 

10 ‘‘(a) IN GENERAL.—The Director of the Bureau of 

11 Prisons shall issue, on a routine basis, oleoresin capsicum 

12 spray to— 

13 ‘‘(1) any officer or employee of the Bureau of 

14 Prisons who— 

15 ‘‘(A) is employed in a prison that is not a 

16 minimum or low security prison; and 

17 ‘‘(B) may respond to an emergency situa18 tion in such a prison; and 

19 ‘‘(2) to such additional officers and employees 

20 of prisons as the Director determines appropriate, in 

21 accordance with this section. 

22 ‘‘(b) TRAINING REQUIREMENT.— 

23 ‘‘(1) IN GENERAL.—In order for an officer or 

24 employee of the Bureau of Prisons, including a cor25 rectional officer, to be eligible to receive and carry 

26 oleoresin capsicum spray pursuant to this section, 


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1 the officer or employee shall complete a training 

2 course before being issued such spray, and annually 

3 thereafter, on the use of oleoresin capsicum spray. 

4 ‘‘(2) TRANSFERABILITY OF TRAINING.—An offi5 cer or employee of the Bureau of Prisons who com6 pletes a training course pursuant to paragraph (1) 

7 and subsequently transfers to employment at a dif8 ferent prison, shall not be required to complete an 

9 additional training course solely due such transfer. 

10 ‘‘(3) TRAINING CONDUCTED DURING REGULAR

11 EMPLOYMENT.—An officer or employee of the Bu12 reau of Prisons who completes a training course re13 quired under paragraph (1) shall do so during the 

14 course of that officer or employee’s regular employ15 ment, and shall be compensated at the same rate 

16 that the officer or employee would be compensated 

17 for conducting the officer or employee’s regular du18 ties. 

19 ‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Offi20 cers and employees of the Bureau of Prisons issued oleo21 resin capsicum spray pursuant to subsection (a) may use 

22 such spray to reduce acts of violence— 

23 ‘‘(1) committed by prisoners against themselves, 

24 other prisoners, prison visitors, and officers and em25 ployees of the Bureau of Prisons; and 


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1 ‘‘(2) committed by prison visitors against them2 selves, prisoners, other visitors, and officers and em3 ployees of the Bureau of Prisons.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for chapter 303 of part III of title 18, United States Code, 

6 is amended by inserting after the item relating to section 

7 4048 the following: 

‘‘4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray.’’. 

8 SEC. 3. GAO REPORT. 

9 Not later than the date that is 3 years after the date 

10 on which the Director of the Bureau of Prisons begins 

11 to issue oleoresin capsicum spray to officers and employees 

12 of the Bureau of Prisons pursuant to section 4049 of title 

13 18, United States Code, (as added by this Act), the Comp14 troller General of the United States shall submit to Con15 gress a report that includes the following: 

16 (1) An evaluation of the effectiveness of issuing 

17 oleoresin capsicum spray to officers and employees 

18 of the Bureau of Prisons in prisons that are not 

19 minimum or low security prisons on— 

20 (A) reducing crime in such prisons; and 

21 (B) reducing acts of violence committed by 

22 prisoners against themselves, other prisoners, 

23 prison visitors, and officers and employees of 

24 the Bureau of Prisons in such prisons. 


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1 (2) An evaluation of the advisability of issuing 

2 oleoresin capsicum spray to officers and employees 

3 of the Bureau of Prisons in prisons that are min4 imum or low security prisons, including— 

5 (A) the effectiveness that issuing such 

6 spray in such prisons would have on reducing 

7 acts of violence committed by prisoners against 

8 themselves, other prisoners, prison visitors, and 

9 officers and employees of the Bureau of Prisons 

10 in such prisons; and 

11 (B) the cost of issuing such spray in such 

12 prisons. 

13 (3) Recommendations to improve the safety of 

14 officers and employees of the Bureau of Prisons in 

15 prisons. 

Æ 


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