[Congressional Record Volume 162, Number 29 (Wednesday, February 24, 2016)]
[House]
[Pages H865-H869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT OF 2015
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
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.
The Clerk read the title of the bill.
The text of the bill is 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--
[[Page H866]]
``(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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson
Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on S. 238, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Today I rise in support of S. 238, the Eric Williams Correctional
Officer Protection Act of 2015.
Eric Williams was born on August 24, 1978, in Wilkes-Barre,
Pennsylvania. He was the son of Donald and Jean Williams. Eric spent
most of his life in Nanticoke, Pennsylvania, where he attended the
Nanticoke public schools and graduated from Greater Nanticoke Area High
School in 1996.
Eric was an avid soccer player. He played youth soccer, was a member
of the high school team, and continued playing in adult leagues. In
addition, to his love of soccer, Eric was an avid sportsman. He enjoyed
hunting, fishing, and bowling.
Eric graduated with a criminal justice degree from King's College in
Wilkes-Barre, Pennsylvania, and was a graduate of Lackawanna College's
police program. He went on to become a security specialist and then a
police officer with Jefferson Township, Pennsylvania.
In September of 2011, Eric began his career as a corrections officer
at the U.S. Penitentiary in Canaan. In his spare time, he volunteered
by visiting jails, talking to inmates about health and spiritual
issues.
On the night of February 25, 2013--3 years ago tomorrow--Eric was
supervising more than 100 high-security inmates at the USP in Canaan.
While making his rounds for nightly lockdown just before 10 p.m.,
inmate and gang member Jesse Con-ui launched an unprovoked, brutal, and
cowardly attack against Senior Officer Williams. Con-ui knocked Eric
down a staircase, fracturing his skull. He proceeded to stab Eric more
than 200 times with a homemade prison shank.
When authorities found Eric's body, he had only a set of keys, a pair
of handcuffs, and a handheld radio on him, clearly not enough to defend
himself against such a brutal attack. Eric was 34 years old when he was
murdered.
The Eric Williams Correctional Officer Protection Act of 2015 will
ensure that our brave corrections officers have the necessary equipment
to properly defend themselves from this type of attack in the future.
S. 238 requires the Director of the Bureau of Prisons to issue pepper
spray to any Bureau of Prisons officer or employee who may have to
respond to an emergency situation to reduce acts of violence committed
by prisoners.
{time} 1230
This is a much-needed piece of legislation to ensure the safety and
security of Bureau of Prisons employees as well as the inmates in their
facilities. This bill passed the Senate 2 months ago and, if passed
today, will be presented to the President.
I want to particularly thank Congressman Marino, who represents the
district where Eric lived and who has been a staunch advocate for
making pepper spray available to Bureau of Prisons employees.
I urge my colleagues to join me in supporting this important piece of
legislation.
I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as the senior member of the House Judiciary Committee
and as the ranking member of the Subcommittee on Crime, Terrorism,
Homeland Security, and Investigations, as the Representative of
Houston, I am privileged to be able to support this legislation,
legislation that, I am very glad to say, had been included in our draft
prison bill, a bipartisan bill. But because of the urgency of this
matter, I am very glad to be on the floor of the House with the
cosponsors, sponsors, and the chairman of the full committee, Mr.
Goodlatte; and the ranking member of the full committee, Mr. Conyers,
as well, joins in the importance of this effort.
My heart aches for Eric Williams' family, and it aches for the
circumstance that caused him to lose his life. Obviously, this young
man was committed to public safety, the criminal justice system, and,
in fact, the rehabilitation of those who were incarcerated, even in
high-risk circumstances.
I rise to support S. 238, the Eric Williams Correctional Officer
Protection Act of 2015, to make sure that this provision, providing a
tool of safety for these brave corrections officers, does not go out of
existence.
I want to extend my thanks again to Judiciary Chairman Goodlatte and
Ranking Member Conyers, as I indicated, for their ongoing, bipartisan
leadership.
But again, let me refer back to Eric Williams, the namesake of this
legislation and the tragedy of his death. I want to offer my sympathy
to the family members and to again say that this death did not have to
happen.
[[Page H867]]
As I discuss the bill, I want to make the point that we should not
shortchange the resources needed for the men and women who are on the
front lines of protecting us and securing a criminal justice system to
make it work. In this instance, that is what happened.
A death had occurred earlier, but the pilot program did not reach to
Eric's facility, and that is inexcusable. But, fortunately, this
permanent adding or expanding of this bill will make sure that every
high-risk facility under the Bureau of Prisons will have this pepper
spray.
The Judiciary Committee unanimously passed the groundbreaking prison
reform bill, as I said, 2 weeks ago. This measure was included.
S. 238 codifies a pilot program that has increased Federal prison
safety nationwide. It is crucial. However, it is set to expire in a few
days, and I look forward to my colleagues bringing forth the criminal
justice bill.
It is important to move this bill now. Tomorrow marks 3 years since
the death of Correctional Officer Eric Williams, who was stabbed by an
inmate at a high-security facility. He was working alone, as I said,
with 100 inmates, high risk. Armed with only a radio, keys, and
handcuffs, he was unable to defend himself against the aggressive
attack. If Officer Williams was equipped with pepper spray, then he
might still be here with us today.
Passing S. 238 will honor Officer Williams. The provisions of this
bill require BOP to issue oleoresin capsicum spray, known as pepper
spray, to certain staff at a higher security prison. This requirement
is truly common sense and does not apply to minimum or low-security
facilities. It only applies to staff that may respond to an emergency
situation in the prison.
S. 238 includes critical safeguards to ensure pepper spray is used
appropriately and only when necessary to prevent acts of violence, it
is determined that pepper spray is not dangerous, only in limited
circumstances.
The legislation requires the officer or employee to complete a pepper
spray training course before being issued the spray, annually
thereafter.
It establishes parameters for using the spray, and it may only be
used to reduce acts of violence. In doing so, S. 238 makes it clear
that pepper spray may not be used to punish or coerce inmates, or in an
excessive, inappropriate fashion.
Finally, let me say that it is with sadness, but with pleasure, that
we provide this legislation and move it quickly so that we can provide
that permanent armor, if you will, to protect these officers who are
dealing with high-risk inmates.
I ask my colleagues to support this legislation.
As a senior Member of the House Judiciary Committee; as the Ranking
Member of the Subcommittee on Crime, Terrorism, Homeland Security, and
Investigations; as the representative from Houston and as a co-sponsor
of legislation that includes this same measure, I rise in support of S.
238, the ``Eric Williams Correctional Officer Protection Act of 2015.''
Let me extend my thanks to Judiciary Chairman Goodlatte and Ranking
Member Conyers for their ongoing leadership on bipartisan criminal
justice reform.
When the Judiciary Committee unanimously passed a groundbreaking
prison reform bill just two weeks ago, that bill included the measure
before us today.
S. 238 codifies a pilot program that has increased federal prison
safety nationwide.
This crucial program, however, is set to expire in just a few days.
While I look forward to working with my colleagues to bring our
bipartisan criminal justice reform bills before this Chamber soon, we
must pass S. 238 now to avoid letting this important program expire.
Tomorrow marks three years since the death of Correctional Officer
Eric Williams, who was stabbed by an inmate at a high security facility
in Waymart, PA.
Officer Williams was working alone in a unit of more than loo
inmates.
Armed only with a radio, keys, and handcuffs, he was unable to defend
himself against the aggressive attack.
If Officer Williams was equipped with pepper spray, then he might
still be here with us today.
Passing S. 238 will honor Officer Williams.
The Eric Williams Correctional Officer Protection Act of 2015
provides officers in higher security facilities with the means to
protect themselves when necessary.
S. 238 requires BOP to issue oleoresin capsicum spray, known as
pepper spray, to certain staff at higher security prisons.
This requirement is truly common sense: it does not apply to minimum
or low security facilities; and it only applies to staff that ``may
respond to an emergency situation'' in the prison.
S. 238 includes critical safeguards to ensure pepper spray is used
appropriately and only when necessary to prevent acts of violence.
Specifically, this legislation: requires the officer or employee to
complete a pepper spray training course before being issued the spray,
and annually thereafter; and establishes perimeters for using the
spray--it may only be used to reduce acts of violence committed by
prisoners against themselves or others.
In doing so, S. 238 makes it clear that pepper spray may not be used
to punish or coerce inmates, or in an excessive and inappropriate
fashion.
The need to provide permanent protective equipment cannot be
overstated.
Mass incarceration has led to dangerously overcrowded federal
prisons.
Such conditions can frequently lead, or at least contribute to,
unnecessary violence.
High and medium security level facilities make up 42 percent of the
total BOP population.
In FY2013 these facilities were operating 52 percent and 45 percent
over capacity, respectively.
Officers in these facilities must be equipped to protect themselves
and others.
In 2010, there were almost 1,700 assaults on BOP staff--about 49 per
5,000 inmates.
BOP requires officers on regular duty to carry a radio, body alarm,
and keys.
Outside the pilot program and aside from emergency situations and
special teams, officers do not carry pepper spray or batons.
Officers must rely on communication skills and training to de-
escalate confrontations.
These are critically important skills and we know that our well-
trained federal correctional officers are generally able to use these
skills to avoid violence.
In some instances, however, these skills may not be enough and, when
they are not, these officers must not be defenseless.
The issuance of pepper spray, alongside proper training, will go a
long way to assisting these officers when all else fails.
We ask a lot of federal correctional officers.
We support these officers with training and skills, but that is not
always enough.
When faced with acts of violence against themselves and others, they
must be well-positioned to cut that violence short.
It is therefore vital that we pass S. 238 now.
Accordingly, I urge my colleagues to join me; the National
Association of Police Organizations; Federal Law Enforcement Officers
Association; American Federation of Government Employees, and Council
of Prison Locals; in supporting the Eric Williams Correctional Officer
Protection Act of 2015.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Marino), a member of the Judiciary Committee and a
subcommittee chairman who has been an advocate on this issue and whose
district was directly impacted by the murder of Eric Williams.
Mr. MARINO. I thank Chairman Goodlatte for bringing this legislation
to the floor, and I thank Mr. Conyers for supporting this as well.
Mr. Speaker, I rise today in support of the Eric Williams
Correctional Officer Protection Act.
I was not fortunate enough to know Eric Williams while he lived, but,
as I have met and worked with his parents, his coworkers and friends, I
have come to grasp the depth of his loss to them all.
As the chairman stated before me, on the night he was brutally
murdered, Eric was alone and outnumbered, over 100 to 1, in a high-
security Federal penitentiary.
USP Canaan, where Eric was murdered, is one of three such high-
security institutions in my congressional district. And I might add
that Congressman Goodlatte and I toured the facilities at Lewisburg and
at Allenwood several months ago and saw firsthand what takes place
there. In each of them, corrections officers and other prison staff are
constantly outnumbered while they work among the most violent criminals
in the Federal prison system.
Until the BOP implemented its OC spray pilot program, each of these
correctional officers was also completely unarmed. Inmates, on the
other hand, constantly find ingenious ways to fabricate weapons for use
against BOP employees and other inmates.
But, as I have visited and met with corrections officers at USP
Canaan,
[[Page H868]]
FCC Allenwood, and USP Lewisburg, I have heard firsthand accounts why
OC spray is a necessary tool for their job. It is a sign of why this
proven pilot program must be permanently authorized.
I want to thank Chairman Goodlatte for his support and assistance on
this critical piece of legislation, and my colleagues sitting with me
here today and on the other side of the aisle. Over many months now, he
and the staff have worked with mine to ensure that we bring this to the
floor.
I also want to thank my colleague from Pennsylvania, Senator Toomey,
for his efforts to push the bill through the Senate.
While straightforward and short, the bill means life and/or death for
corrections officers and BOP employees across the Nation. The loss of
Eric Williams and two other Federal corrections officers in recent
years is tragic and absolutely preventable.
Tomorrow, February 25, marks 3 years since Eric's death. To honor his
service and his memory, I urge my colleagues to do right for those who
protect us and support this bill.
Ms. JACKSON LEE. Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Barletta).
Mr. BARLETTA. Mr. Speaker, I rise in support of the Eric Williams
Correctional Officer Protection Act.
First, let me explain the title of the bill.
Eric Williams was a constituent of mine from Nanticoke, a senior
correctional officer at the U.S. Prison at Canaan in Waymart,
Pennsylvania, which is just outside of my district. On February 25,
2013, that is 3 years ago tomorrow, Eric Williams was working in the
prison when he was suddenly attacked by an inmate. The inmate knocked
Officer Williams down a flight of steps. He then stabbed him more than
200 times with a homemade shank. That inmate is now charged with first
degree murder, first degree murder of a United States corrections
officer, and possessing contraband in prison. Prosecutors are seeking
the death penalty.
Needless to say, at the time of the attack, Officer Williams was
unarmed. Now, it makes sense that officers don't carry firearms into
areas where inmates could gain access to them, but this bill tells the
Bureau of Prisons to supply pepper spray to prison officers or other
employees who could be involved in emergency situations with inmates.
If Officer Williams had been equipped with pepper spray 3 years ago,
he might have been able to defend himself against that cowardly,
ambush-style attack, and perhaps he would be alive today. This will
give correctional officers that fighting chance that Officer Williams
did not have.
I have had the privilege of meeting with Eric Williams' parents, Don
and Jean. They are now part of an organization called Voices of JOE.
The letters of J-O-E stand for Jose Rivera, Osvaldo Albarati, and Eric
Williams. They were killed because of their jobs in the correctional
system.
For them, Mr. Speaker, and all of our correctional officers who risk
their lives every day, I urge support of the bill.
Ms. JACKSON LEE. Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
West Virginia (Mr. McKinley), who is the chief sponsor of the House
version of this bill.
Mr. McKINLEY. Mr. Speaker, I rise in support of S. 238, the Eric
Williams Correctional Officer Protection Act, and urge its immediate
adoption.
Two years ago, our office met with the family of Eric Williams. We
heard the tragic story of how he was brutally murdered in the line of
duty at the penitentiary at Canaan.
In coordination with Senator Toomey's office, we then introduced the
bill, in concert with Congressmen Barletta and Marino, the companion
bill in the House. We reintroduced it again this past year and are
thrilled that the Toomey bill has passed the Senate and has come before
the House today. This bill will permanently authorize Federal
correction officers to routinely carry pepper spray in medium-, high-,
and maximum-security prisons.
Think about what we heard a minute ago. At the time of his death,
Officer Williams was only equipped with a radio, a set of keys, and
some handcuffs.
Any worker should feel safe and secure when they go to work, but that
is not the case in our Federal correctional institutions. These men and
women have no line of defense against conflicts within the prison
walls. This bill will go far in providing Federal correctional workers
a much-needed tool so that they may defend themselves and others if
attacked by violent prison inmates.
I thank the Judiciary Committee and leadership for their quick action
in bringing this issue to the floor, and I urge all my colleagues to
honor the memory of Officer Eric Williams by voting ``yes'' and sending
this bill to the President's desk.
Ms. JACKSON LEE. Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time to close.
{time} 1245
Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time
to close.
Mr. Speaker, let me state the obvious. All of us are appalled and
saddened by the loss of this correctional officer. We express again our
sadness and sympathy to his family although 3 years later. Eric
Williams did not deserve to die.
Our Federal prisons across America are dangerously overcrowded. Such
conditions can frequently lead or at least contribute to unnecessary
violence. High- and medium-level security facilities make up 42 percent
of the total Bureau of Prisons population.
In FY 2013, these facilities were operating 52 percent and 45 percent
over capacity, respectively. Officers in these facilities must be
equipped to protect themselves.
In 2010, there were almost 1,700 assaults on BOP staff and about 49
per 5,000 inmates. BOP requires officers of regular duty to carry a
radio, body alarm, and keys.
Outside the pilot program and aside from the emergency situation and
special teams, officers do not carry pepper spray all the time.
Officers must rely on communication skills and training to deescalate
confrontations. Sometimes that is not enough. These are important
skills.
We know that well-trained Federal correctional officers are generally
able to use these skills to avoid violence, but not all the time. We
must not have one single time where we have an officer at the risk of
losing their life and they have no protection.
In some instances, however, these skills may not be enough. When they
are not, these officers must not be defenseless. Issuance of pepper
spray alongside proper training will go a long way to assist these
officers.
We ask a lot of Federal correctional officers. In the comments made
about Mr. Williams, he was engaged in counseling and rehabilitation
discussions.
We support these officers with training and skills. We do expect for
them to interact. When faced with acts of violence against themselves
and others, they must be well positioned to cut that violence short.
So I ask my colleges to join in passing S. 238. I thank the author of
the bill who persisted in introducing it on many occasions, my
colleagues on the Judiciary Committee, including Mr. Marino, and
others, our chairman and ranking member.
I urge my colleagues to join me, the National Association of Police
Organizations, the Federal Law Enforcement Officers Association, the
American Federation of Government Employees, and the Council of Prison
Locals in supporting the Eric Williams Correctional Officer Protection
Act of 2015.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume
to close.
Very simply, a few weeks ago I had the opportunity to meet Mr. and
Mrs. Williams, Eric's parents. They came to the House Judiciary
Committee on the day that we marked up our prison reform legislation
and included matters related to protecting the security officers in
that legislation.
They came after Eric had been brutally murdered. So they knew that
[[Page H869]]
nothing they did there that day would save him, that he had already
been lost. But they came for one important reason. They don't want to
see that happen to any other Federal prison security guards anywhere
anytime. They strongly support this legislation.
I ask my colleagues to pass this legislation in Eric Williams' name
and out of respect for the concern his parents have that officers who
serve their country in our Federal prisons are kept safe.
I urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, S. 238.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________