---
kind: "section"
citation: "18 U.S.C. § 4049"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "4049"
heading: "Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray"
release: "119-102"
url: "https://uscodex.org/usc/18/4049"
units:
  - "Part III — Prisons and Prisoners"
  - "Chapter 303 — Bureau of Prisons"
---

# §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](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) 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](/usc/18/202.md?p=a) of the Bureau of Prisons, including a correctional [officer](/usc/18/202.md?p=c), to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the [officer or employee](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=a) of the Bureau of Prisons who completes a training course pursuant to [paragraph (1)](#b-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](/usc/18/202.md?p=a) of the Bureau of Prisons who completes a training course required under [paragraph (1)](#b-1) shall do so during the course of that [officer or employee](/usc/18/202.md?p=a)’s regular employment, and shall be compensated at the same rate that the [officer or employee](/usc/18/202.md?p=a) would be compensated for conducting the [officer or employee](/usc/18/202.md?p=a)’s regular duties.
- (c) **Use of Oleoresin Capsicum Spray.—** [Officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) of the Bureau of Prisons issued oleoresin capsicum spray pursuant to [subsection (a)](#a) may use such spray to reduce acts of violence—
  - (1) committed by prisoners against themselves, other prisoners, prison visitors, and [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) of the Bureau of Prisons; and
  - (2) committed by prison visitors against themselves, prisoners, other visitors, and [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) of the Bureau of Prisons.

## Source credit

(Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.)