[Congressional Record Volume 161, Number 183 (Wednesday, December 16, 2015)]
[Senate]
[Pages S8703-S8704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT OF 2015
Mr. TOOMEY. Mr. President, I am going make a unanimous consent
request, but first I want to say a few words about the legislation
about which the request pertains. I want to thank my colleague Senator
Bob Casey for joining me on this.
It was back in 2014 that Senator Casey and I introduced the Eric
Williams Correctional Officer Protection Act. It is a bipartisan bill,
and it is a simple idea. The idea is to better enable these men and
women who protect us every day by working as corrections officers--to
better enable them to protect themselves in the very dangerous
environments in which they go to work every day.
Amazingly enough, under the Bureau of Prisons policy, prison guards
are often placed on duty, guarding large numbers of inmates by
themselves, unarmed, and with no meaningful way to defend themselves.
Officer Eric Williams of Wayne County, PA, paid the price for this
policy. In February of 2013, Eric Williams was working alone in a
housing unit of a Federal prison, a unit of 125 inmates. Carrying only
a radio, handcuffs, and a set of keys, he had no means of self-defense
and no one with him to provide back-up. A gang member serving a life
sentence for first-degree murder savagely attacked and killed Officer
Williams. The inmate used a homemade weapon to stab Eric Williams 129
times. He beat Eric so badly that his skull was crushed. The damage was
so severe that Eric Williams' father stated: ``I didn't even recognize
my boy laying in that casket.'' Eric was just 34 years old.
This Bureau of Prisons policy is very misguided. We send our law
enforcement officers alone, without defensive gear, to guard large
numbers that include convicted killers. So, working with Senator Casey
and with Eric Williams' parents, Don and Jean Williams, we introduced
the Eric Williams Correctional Officer Protection Act. I should point
out that Don and Jean Williams have been absolutely heroic advocates in
insisting that correctional officers have this tool at their disposal.
This is a bill that would require the Bureau of Prisons to issue
nonlethal pepper spray to guards at high- and medium-security prisons
so that these guards will have some means to protect themselves, some
means of self-defense. We know this works. We know this works because
there are many, many documented cases where a violent attack is
immediately ended by deploying pepper spray. The fact is, pepper spray
completely and immediately incapacitates an attacker. It does so while
doing no permanent damage.
Well, it is too late for Eric Williams, but there are thousands of
correctional officers across America who are working in dangerous
environments every day. If we pass this legislation, we are probably
going to save some of their lives over time.
The bill is bipartisan, as I pointed out. It has been endorsed by the
American Federation of Government Employees, by the Federal Law
Enforcement Officers Association, by the Council of Prisons Local 33. I
am pleased to announce that thanks to the concerted and, as I said,
heroic efforts of Eric's parents, Don and Jean Williams, and many law
enforcement and correction officers across the country, I believe that
today the Senate is ready to enact this legislation.
I also thank my cosponsors, Senators Manchin, McConnell, Cornyn,
Inhofe, Capito, Lankford, Kirk, and Vitter.
Before I make the formal unanimous consent request, I yield to the
senior Senator from Pennsylvania who has joined me in this effort, Mr.
Casey.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. CASEY. Mr. President, I want to thank Senator Toomey for his work
on this legislation--our work together. As Senator Toomey did, I
especially want to commend Don and Jean Williams, the parents of
corrections officer Eric Williams. I will not reiterate the horrific
nature of his death; Senator Toomey outlined that. I cannot imagine
more of a nightmare for a corrections officer and for his or her
family.
We can bring some measure of protection to these officers by making
sure that every possible circumstance is one in which the officer has
pepper spray to be able to prevent an attack or to slow an attack down
enough until that corrections officer gets help.
I want to say how much we appreciate the fact that this is
bipartisan. This is one of those issues that should not have any kind
of political division. Senator Toomey outlined the challenge and also
the solution for this problem.
This is not a guarantee, but it means that if a corrections officer--
and they are always outnumbered, by the way. If they are outnumbered,
they will have some measure of protection.
I want to emphasize one thing I certainly forgot about or maybe never
fully understood until I was in a line at corrections officer Eric
Williams' viewing before his funeral. The line was full of law
enforcement officers. I think sometimes we forget--and it was made
clear to me that night--that these individuals are part of law
enforcement, just like police officers at the local level or State
police officers or other law enforcement personnel. When you work in a
Federal prison and you are a corrections officer, you are part of law
enforcement.
Those of us who work hard to provide resources for law enforcement
should once again support legislation like this. I want to thank
Senator Toomey for his work. I want to thank those who made this
possible. I hope we can have this legislation pass through the Senate
before we leave by the end of this week.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. TOOMEY. Mr. President, again, I want to thank Senator Casey for
his excellent work on this. At this time, I ask unanimous consent that
the Committee on the Judiciary be discharged from further consideration
of S. 238 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 238) 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.
There being no objection, the Senate proceeded to consider the bill.
Mr. TOOMEY. Mr. President, I ask unanimous consent that the bill be
read a third time and passed and the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 238) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 238
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 ``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. 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 officer or employee would be compensated for
[[Page S8704]]
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, 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 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.
(3) Recommendations to improve the safety of officers and
employees of the Bureau of Prisons in prisons.
Mr. TOOMEY. Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
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