[Congressional Record (Bound Edition), Volume 161 (2015), Part 14]
[Senate]
[Pages 20242-20244]
[From the U.S. 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

[[Page 20243]]

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 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:

[[Page 20244]]

       (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.

                          ____________________