Us Code § 4049 - Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray

Full text of Us Code United States Code § 4049 — Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray, with citation guidance and answers to common questions.

§ 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.

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

About This Section

18 U.S.C. § 4049 is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 18 U.S.C. § 4049. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

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Sources

Source: official Us Code text · Last verified 2026-08-27

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Frequently Asked Questions About Us Code § 4049

What does United States Code § 4049 cover?

Section 4049 ("Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 4049?

A common citation format is "United States Code § 4049" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 4049 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Us Code.