[House Report 115-674]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       115-674

======================================================================



 
LIEUTENANT OSVALDO ALBARATI CORRECTIONAL OFFICER SELF-PROTECTION ACT OF 
                                  2017

                                _______
                                

  May 15, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 613]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred 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, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 613 amends 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.

                Background and Need for the Legislation

    The Law Enforcement Officers Safety Act\1\ gives certain 
law enforcement officers, including certain correctional 
officers of the Bureau of Prisons (BOP), the right to carry a 
concealed firearm in all 50 States for self-protection. While 
current law allows law enforcement officers to carry their 
firearms in an off-duty status, the BOP does not permit 
correctional officers to safely secure their personal firearms 
in secured locker space at its institutions. This leaves 
correctional workers vulnerable to attack commuting to and from 
work because they must leave their firearms at home without a 
safe place to store them at correctional institutions.
---------------------------------------------------------------------------
    \1\Pub. L. No. 108-277 (2004).
---------------------------------------------------------------------------
    On the evening of February 26, 2013, BOP Lieutenant Osvaldo 
Albarati was ambushed and murdered while on his way home from 
work. The shooting was carried out with assistance from federal 
inmates housed at Metropolitan Detention Center (MDC) Guaynabo, 
Puerto Rico where Lieutenant Albarati worked. 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. Due to 
existing BOP policy, Lieutenant Albarati had no firearm 
available to protect himself because BOP does not provide safe, 
secure gun lockers for staff.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
613.

                        Committee Consideration

    On April 27, 2017, the Committee met in open session and 
ordered the bill, H.R. 613, favorably reported, without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 613.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to H.R. 613, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 7, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 613, the 
Lieutenant Osvaldo Albarati Correctional Officer Self-
Protection Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese, 
who can be reached at 226-2860.
            Sincerely,
                                                        Keith Hall.
    Enclosure.
        cc: Honorable John Conyers Jr.
           Ranking Member




    H.R. 613--Lieutenant Osvaldo Albarati Correctional Officer Self-
                         Protection Act of 2017


 As ordered reported by the House Committee on the Judiciary on April 
                               27, 2017.




    H.R. 613 would require the Bureau of Prisons (BOP) to 
either provide its law enforcement officers with a secure 
storage area outside of federal penal and correctional 
institutions to store firearms or permit storage in a BOP-
approved lock box within officers' vehicles. The bill also 
would allow BOP officers to carry concealed firearms outside of 
the secure perimeter of the institution where they work.
    Based on information from the Department of Justice, CBO 
estimates that implementing H.R. 613 would have a negligible 
cost because BOP would probably opt to have the officers store 
their firearms in a lockbox within their vehicles.
    Enacting H.R. 613 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 613 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 613 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 613 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee finds that H.R. 613 contains no directed rule 
making within the meaning of 5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee states that H.R. 613 
will 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

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 613 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short title. Section 1 sets forth the short 
title of the bill as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2017.''
    Section 2. Findings. Section 2 articulates the 
Congressional findings.
    Section 3. Secure Firearms Storage. Section 3 amends the 
federal criminal code to require the Bureau of Prisons (BOP) to 
allow a correctional officer at a federal prison or 
correctional institution to store firearms on BOP premises in a 
secure storage area outside the security perimeter of the 
institution or in a vehicle lockbox, and carry a concealed 
firearm on BOP premises outside the security perimeter of the 
institution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *



PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


                     CHAPTER 303--BUREAU OF PRISONS

Sec.
4041. Bureau of Prisons; director and employees.
     * * * * * * *
4050. Secure firearms storage.
     * * * * * * *

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.

           *       *       *       *       *       *       *


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