[Congressional Record Volume 164, Number 79 (Tuesday, May 15, 2018)]
[House]
[Pages H3940-H3942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LIEUTENANT OSVALDO ALBARATI CORRECTIONAL OFFICER SELF-PROTECTION ACT OF
2017
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 613) to amend title 18, United States Code, to require that
the Director of the Bureau of Prisons ensure that each chief executive
officer of a Federal penal or correctional institution provides a
secure storage area located outside of the secure perimeter of the
Federal penal or correctional institution for firearms carried by
certain employees of the Bureau of Prisons, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 613
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 ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Law Enforcement Officers Safety Act of 2004 (Public
Law 108-277; 118 Stat. 865) gives certain law enforcement
officers, including certain correctional officers of the
Bureau of Prisons, the right to carry a concealed firearm in
all 50 States for self-protection;
(2) the purpose of that Act is to allow certain law
enforcement officers to protect themselves while off duty;
(3) correctional officers of the Bureau of Prisons have
been the targets of assaults and murders while off duty; and
(4) while that Act allows certain law enforcement officers
to protect themselves off duty, the Director of the Bureau of
Prisons allows correctional officers of the Bureau of Prisons
to securely store personal firearms at only 31 Federal penal
and correctional institutions while at work.
SEC. 3. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau
of Prisons shall ensure that each chief executive officer of
a Federal penal or correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to
store firearms; or
``(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of Prisons;
and
``(2) notwithstanding any other provision of law (including
regulations), allows employees to carry concealed firearms on
the premises outside of the secure perimeter of the
institution.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``4050. Secure firearms storage.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Maryland (Mr. Raskin)
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 material on H.R. 613, 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.
Mr. Speaker, in 2004 Congress passed and President Bush signed into
law the Law Enforcement Officers Safety Act, LEOSA. LEOSA allows
certain law enforcement officers, including correctional officers of
the Bureau of Prisons, the right to carry a concealed firearm
throughout the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and all other U.S. territories for self-
defense and the defense of others. LEOSA also allows law enforcement
officers to carry their firearms while off duty.
These laws help keep citizens safe, but there is still room for
improvement. For example, the Bureau of Prisons does not permit its
correctional officers to safely store their personal firearms in a
secure locker at its facilities, and employees are otherwise prohibited
from storing them in their personal vehicles while parked on Bureau of
Prisons property. This leaves correctional workers vulnerable to attack
during their commutes to and from work.
Sadly, an attack on a correctional officer while commuting to or from
a prison is not a hypothetical situation. On the evening of February
26, 2013, Bureau of Prisons Lieutenant Osvaldo Albarati was ambushed
and murdered while on his way home from work.
According to court documents, the shooting was a hit ordered by
Federal inmates housed at the Metropolitan Detention Center, Guaynabo,
Puerto Rico. Authorities believe that Lieutenant Albarati's murder was
a direct result of his work at the prison; specifically, in retaliation
for his investigations into cell phone smuggling at the MDC and the
seizure of contraband.
Lieutenant Albarati was ambushed during his drive home, shot 16
times, and died at the scene. He was 39 years old.
On January 28, 2015, a Federal grand jury in the District of Puerto
Rico returned a six-count indictment charging nine individuals for the
murder of Lieutenant Albarati. In January of 2016, Federal prosecutors
notified the district court of their intention to seek the death
penalty. Trial preparation is ongoing in that case.
Mr. Speaker, Lieutenant Albarati's family has yet to receive justice
for this senseless, despicable act, but we, as a legislative body, can
do our best to ensure this never happens again. To that end, H.R. 613
makes a commonsense amendment to Federal law to address the problem
highlighted by this tragedy.
This bipartisan bill, cosponsored by 54 of our colleagues, would
direct the Bureau of Prisons to provide a secure storage area located
outside the secure perimeter of each Bureau of Prisons facility where
correctional officers will be able to store their personal firearms and
allow employees to store firearms
[[Page H3941]]
in a vehicle lockbox approved by the Bureau of Prisons.
This is important, reasonable legislation. With its passage, the
House honors the life of a brave man who served his community
faithfully and one day made the ultimate sacrifice.
I want to thank the gentleman from West Virginia (Mr. McKinley) for
introducing this legislation. I also want to thank Lieutenant
Albarati's widow, Helen, who is here with us today in the gallery, for
her tireless efforts to ensure her husband's death was not in vain.
We salute you and we thank you.
Mr. Speaker, as we begin the 2018 Police Week, I urge my colleagues
to support this bill. Let us do our best to protect those who protect
us.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. Members are reminded to refrain from
referring to occupants in the gallery.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 613, the Lieutenant Osvaldo
Albarati Correctional Officer Self-Protection Act of 2017. I support
this bipartisan and commonsense bill to facilitate the ability of
Federal Bureau of Prisons correctional officers to carry personal
firearms for protection as they commute to and from their jobs.
This bill would allow the Bureau's correctional officers to protect
themselves without jeopardizing the safety and the security of the
facilities in which they work.
Currently, Bureau of Prisons correctional officers are authorized to
carry concealed firearms for self-protection while off duty under the
Law Enforcement Officers Safety Act, and this bill doesn't alter that
existing privilege.
Instead, because there is no mechanism today to allow these
correctional officers to store firearms that they might carry during
their commutes to and from work, they are precluded from bringing their
personal firearms onto the premises of these facilities and are
therefore, in effect, precluded from carrying firearms for personal
protection as they travel to and from the workplace.
To address this problem, H.R. 613 requires the Bureau of Prisons to
allow properly qualified correctional officers to bring their firearms
onto the premises of Bureau facilities in a manner that minimizes
possible security and safety risks.
{time} 1600
The Bureau would be required to either provide correctional officers
with a secure storage area for their firearms located outside the
secure perimeter of the prison or allow the officers to store their
firearms in vehicle lockboxes approved by the Bureau.
Without question, correctional officers perform an essential and,
indeed, an indispensable function within our criminal justice system,
and we depend on them to keep all of our facilities safe, secure, and
efficiently run for everyone. For some correctional officers, the
inability to carry a firearm to and from work could leave them
vulnerable to someone attempting to do them harm.
This bill is named, as my distinguished colleague from Virginia said,
in honor of Lieutenant Osvaldo Albarati, a Bureau officer who was
ambushed and murdered as he drove home from his job at a Bureau
detention center. Lieutenant Albarati was specifically targeted for the
work he was doing at the institution.
We hope this legislation will prevent any future lethal attack on our
officers. Accordingly, I would commend Mr. Goodlatte and others, the
sponsor of the bill, for bringing this important measure forward, and I
encourage my colleagues to join me in supporting this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield as much time as he may consume to
the gentleman from West Virginia (Mr. McKinley), the chief sponsor of
this legislation.
Mr. McKINLEY. Mr. Speaker, I rise in support of H.R. 613, the
Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act,
and urge its immediate passage.
Mr. Speaker, every year when we are back in the district I conduct
over 300 meetings with constituents to understand some of the issues
they are facing. That might be from senior citizens, to nurses, to
school teachers, to correctional officers. We do this on an annual
basis to listen and learn and bring back their concerns, what is
affecting them, back to Washington, so we can work on legislation.
These meetings shape a large portion of the legislation our office
works on. When student veterans in our district told us they were
having problems using their GI Bill benefits to pay for their degrees,
we came back and passed legislation to address that issue.
When the story of correctional officer Eric Williams' brutal murder
was brought to our attention, we developed and passed legislation
allowing officers to carry pepper spray, simple pepper spray, at all
times. Now, when that was adopted, that might have prevented his death
by inmates who took his life.
Now, correctional officers in our district have brought us other
concerns about being targeted when they finish their shift and leave
prison for the day. We heard the story about how Lieutenant Albarati
was targeted and brutally murdered on his way home from work at the
Metropolitan Detention Center in Puerto Rico.
All this was in retaliation for his investigation into a cellphone
smuggling ring that was occurring in the prison. He was targeted, shot,
chased, and killed after leaving work that day.
Correctional officers often find themselves as targets, we are
hearing, for retaliatory attacks for what they have done at work.
Unfortunately, Bureau of Prison policy prohibits officers from carrying
or storing their personal firearms at the Federal facility where they
work or anywhere on the grounds.
This bill requires that every Federal facility have a safe and secure
area in which officers can store their personal firearms during their
shift. With passage of this bill, we will provide them with one more
tool to ensure they make it home safely to their families every day,
giving them the peace of mind that they can perform their duties and
not worry about the aftermath.
Look, our Nation's prison guards are often taken for granted. They
are the forgotten men and women of America who face evil, and I mean
that in the strongest way. They face evil every day to keep our
communities safe.
Today, we have the opportunity to honor Lieutenant Albarati for his
service and weep with his widow and his three children for their loss.
His sacrifice, as the chairman said, must not be in vain. The lessons
that we have learned can be used to prevent another tragedy like this
from happening ever again.
I thank the Judiciary Committee, its chairman, Mr. Goodlatte, and the
House leadership for bringing H.R. 613 to the floor and urge all my
colleagues to honor the memory of Lieutenant Albarati by voting ``yes''
and sending this bill to the Senate.
Mr. RASKIN. Mr. Speaker, as we recognize our hardworking law
enforcement officers across America this week and honor those, like
Lieutenant Albarati, who have given their lives to keep the rest of us
safe, I am very proud to reiterate my support for the legislation.
Mr. Speaker, I yield the balance of my time to the gentlewoman from
Texas (Ms. Jackson Lee), the ranking member of the Criminal Justice
Subcommittee, to control.
The SPEAKER pro tempore. Without objection, the gentlewoman from
Texas will control the time.
There was no objection.
Ms. JACKSON LEE. Mr. Speaker, we are just having some discussion
about the order of bills. Thank you so very much for your indulgence.
I want to ask if the ranking member has any additional speakers.
Mr. GOODLATTE. Mr. Speaker, the chairman does not have any additional
speakers. I am prepared to close, and I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
First of all, let me thank Congressman Raskin for the diligent work
that he has done on the Judiciary Committee, as a whole, but
particularly his assistance today for those of us who were flying in.
This is a particularly important bill because I have just had the
opportunity to visit with corrections officers
[[Page H3942]]
in a correction center in New York. It was both an informational
opportunity and tour of the facility, but also, it was enormously
instructive.
First, I want to honor Lieutenant Osvaldo Albarati, correctional
officer in the Self-Protection Act, and I want to thank the author of
the legislation. It is clear that this is a very important addition to
both respecting, and, as well, protecting correctional officers. It is
a bipartisan, commonsense bill, as has been indicated, and specifically
provides for Federal Bureau of Prisons correctional officers to carry
personal firearms for protection as they commute to and from their
jobs.
Listening to these correctional officers, sitting down with them, you
know that there is a passion for their work. You also know that they
want those who are incarcerated to do well, to restore their lives, to
be rehabilitated.
So there is a mutual desire for a betterment of society, and I
believe that this is important in as much as the story of Lieutenant
Albarati is a sad one, for he was ambushed and murdered as he drove
home from his job at a Bureau detention center, and he was specifically
targeted for the work he did at the institution.
So this is an important way of honoring him, but also recognizing,
which we often don't take note in this week of saluting our law
enforcement officers. Sometimes we do not acknowledge the correctional
officers all throughout the Nation, and as well, those who are in State
and local government. I want to acknowledge them today as part of law
enforcement and to indicate that this is an important component to
making sure they are safe and that they go home safely to their
families.
I do want to say that I appreciate those correctional officers that
met with me to discuss how to improve the correctional institution, the
need for staffing, and the commitment that we will work together,
getting information from them, and as well, providing the resources
that they need.
Let me make this final point: that our correctional officers are in
all jurisdictions. Some are in urban centers, some in rural areas. And
so this legislation, obviously, will be guided by the appropriate laws
that deal with the carrying of weapons in their jurisdiction. But the
important point is that we provide them with a place to store those
weapons so that they are safe within the laws of their particular area
going to and fro. I think that is the least we can do.
And I rise to support this legislation and to indicate that there are
those of us who believe in real gun safety legislation, with no
undermining of the Second Amendment, that can clearly see the
correctness, if you will, and the rightness, if you will, of a
commonsense approach to protecting individuals who are set to protect
us or to do a law enforcement position.
And for that reason, let me thank the author of the legislation, let
me salute law enforcement officers this week, and take note of saluting
the late Lieutenant Albarati, and all of those correctional officers,
and ask our colleagues to support this legislation.
Mr. Speaker, I rise in support of H.R. 613, the ``Lieutenant Osvaldo
Albarati Correctional Officer Self-Protection Act of 2017.''
I support this bipartisan, commonsense bill, which will facilitate
the ability of Federal Bureau of Prisons correctional officers to carry
personal firearms for protection as they commute to and from their
jobs.
H.R. 613 would allow the Bureau's correctional officers to protect
themselves, if necessary, without jeopardizing the safety and security
of the facilities in which they work.
Currently, Bureau of Prisons correctional officers are authorized to
carry concealed firearms for self-protection while off duty under the
Law Enforcement Officers Safety Act. This bill would not alter this
existing privilege.
Instead, because there currently is no mechanism to allow these
correctional officers to store firearms they might carry during their
commutes to and from Bureau of Prison facilities, they are precluded
from bringing their personal firearms onto the premises of these
facilities and are, in effect, thereby precluded from carrying firearms
for personal protection as they travel to and from work.
To address this issue, H.R. 613 would require the Bureau of Prisons
to allow properly qualified correctional officers to bring personal
firearms onto the premises of Bureau facilities in a manner that
minimizes any possible security or safety risks.
The Bureau would be required to either provide correctional officers
with a secure storage area for their firearms--located outside the
secure perimeter--or allow the officers to store their firearms in
vehicle lockboxes approved by the Bureau.
Without question, correctional officers perform an essential function
within our criminal justice system. And, we depend on them to ensure
Bureau facilities are safe, secure, and managed efficiently.
For some correctional officers, the inability to carry a firearm to
and from work could leave them vulnerable to those who might seek to do
them harm.
In fact, this bill is named in honor of Lieutenant Osvaldo Albarati,
a Bureau officer who was ambushed and murdered as he drove home from
his job at a Bureau detention center. Lieutenant Albarati was
specifically targeted for the work he did at the institution. So in
honor of him and all other officers, this legislation is put forth,
which will help prevent future lethal attacks on these officers.
Accordingly, I commend my colleagues and others for bringing this
important measure forward and encourage my colleagues to join me in
supporting this bill.
Mr. Speaker, I have no further speakers, and I yield back the balance
of my time.
Mr. GOODLATTE. Mr. Speaker, I am prepared to close, and I yield
myself the remainder of my time.
Mr. Speaker, I think it is very fitting, as we begin Police Week,
that we pass this important piece of legislation that makes it very
clear that our sworn officers, who keep people safe but risk their own
lives and work in our Bureau of Prisons, have the opportunity to have a
firearm when they are traveling to and from work.
It is not practical the way the current rules work. This law is
vitally needed to help save lives. I know that Mrs. Albarati is here to
see that that happens, and I commend her. I admire her courage, and we
should not allow her husband's life to be lost in vain. Let's pass this
legislation and make sure it doesn't happen to others in the future. I
urge my colleagues to vote for the legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Curtis). The question is on the motion
offered by the gentleman from Virginia (Mr. Goodlatte) that the House
suspend the rules and pass the bill, H.R. 613.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________