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2 U.S.C. § 1974 — Capitol Police special officers

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1974 — Capitol Police special officers

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Source file: Laws/federal/codes/united-states-code/title-2/section-1974-capitol-police-special-officers--e97360a3db.md
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Source location: Title 2, Chapter 29, § 1974; chapter-029-capitol-police.md

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**(a) In general** In the event of an emergency, as determined by the Capitol Police Board or in a concurrent resolution of Congress, or as determined by the Chief of the Capitol Police in accordance with [section 1970(a)(4)(B)(ii)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1970/a/4/B/ii/III&num=0&edition=prelim), the Chief of the Capitol Police may appoint— (1) any law enforcement officer from any Federal agency or State or local government agency made available by that agency to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds; and (2) any member of the uniformed services, including members of the National Guard, made available by the appropriate authority to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds. An appointment under this section due to an emergency determined by the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of [section 1970(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1970/a&num=0&edition=prelim) shall be in effect for the period of the emergency, unless and until the Capitol Police Board revokes the request for assistance under paragraph (5) of such section. **(b) Conditions of appointment** An individual appointed as a special officer under this section shall— (1) serve without pay for service performed as a special officer (other than pay received from the applicable employing agency or service); (2) serve as a special officer no longer than a period specified at the time of appointment; (3) not be a Federal employee by reason of service as a special officer, except as provided under paragraph (4); and (4) shall be an employee of the Government for purposes of chapter 171 of title 28 if that individual is acting within the scope of his office or employment in service as a special officer. **(c) Reimbursement agreements** Nothing in this section shall prohibit the Capitol Police from entering into an agreement for the reimbursement of services provided under this section with any Federal, State, or local agency. **(d) Regulations** Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the Majority Leader of the Senate (in consultation with the Minority Leader of the Senate), acting jointly, the Capitol Police Board may prescribe regulations to carry out this section. **(e) Effective date** This section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1970 — Assistance by Executive departments and agencies

**(a) Assistance** (1) **In general** — Executive departments and Executive agencies may assist the United States Capitol Police in the performance of its duties by providing services (including personnel), equipment, and facilities on a temporary and reimbursable basis when requested by the Capitol Police Board or in accordance with paragraph (4) and on a permanent and reimbursable basis upon advance written request of the Capitol Police Board; except that the Department of Defense and the Coast Guard may provide such assistance on a temporary basis without reimbursement when assisting the United States Capitol Police in its duties directly related to protection under sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40.11 See References in Text note below. Before making a request under this paragraph, the Capitol Police Board shall consult with appropriate Members of the Senate and House of Representatives in leadership positions, except in an emergency. (2) **Procurement** — No services (including personnel), equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the United States Capitol Police by persons other than officers or employees of the Federal Government duly authorized by the Chairman of the Capitol Police Board to make such orders, purchases, leases, or procurements. (3) **Expenditures or obligation of funds** — No funds may be expended or obligated for the purpose of carrying out this section other than funds specifically appropriated to the Capitol Police Board or the United States Capitol Police for those purposes with the exception of— (A) expenditures made by the Department of Defense or the Coast Guard from funds appropri

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1974 — Capitol Police special officers

Page 439 TITLE 2—THE CONGRESS § 1974 which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified, respec- tively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out as a note under section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Prop- erty, and Works, were repealed and reenacted as sec- tions 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section 5(c) of Pub. L. 107–217, set out as a note preceding section 101 of Title 40, provides that a reference to a law replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provi- sion enacted by Pub. L. 107–217. For complete classifica- tion of the act of July 31, 1946, to the Code, see Tables. For disposition of sections of former Title 40, see table at the beginning of Title 40. CODIFICATION Section was classified to section 212c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–77, § 2(a)(1), inserted ‘‘or in accordance with paragraph (4)’’ before ‘‘and on a permanent’’. Subsec. (a)(4)(B). Pub. L. 117–77, § 2(a)(2)(A), struck out ‘‘advance’’ before ‘‘written request’’ in introduc- tory provisions. Subsec. (a)(4)(B)(ii)(III). Pub. L. 117–77, § 2(a)(2)(B), added subcl. (III). Subsec. (a)(5). Pub. L. 117–77, § 2(a)(3), added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE O

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