2 U.S.C. § 1964 — Security systems for Capitol buildings

Page 433 TITLE 2—THE CONGRESS § 1964 ‘‘(b) In carrying out such supervision, the United States Capitol Police shall have, within any such area or street, jurisdiction, concurrent with that of the Met- ropolitan Police of the District of Columbia, to provide security for such personnel and property of such per- sonnel and of the United States Senate within such area or street, and to make arrests for the violation of the laws and regulations of the United States and the District of Columbia. ‘‘(c) The provisions of subsections (a) and (b) shall be effective only during the period that there is in effect a contract or other agreement as referred to in sub- section (a).’’ EXTENSION OF UNITED STATES CAPITOL POLICE SUPERVISION Pub. L. 95–175, Nov. 14, 1977, 91 Stat. 1362, provided: ‘‘That the supervision of the United States Capitol Po- lice shall extend over that part or parts of the premises located at 600 Pennsylvania Avenue, Southeast, Wash- ington, District of Columbia, leased by the Office of Technology Assessment. In carrying out such super- vision, the United States Capitol Police shall have within such part or parts jurisdiction, concurrent with that of the Metropolitan Police of the District of Co- lumbia, to provide security for the personnel and prop- erty of the Office of Technology Assessment within such leased premises, and to make arrest therein for the violation of the laws and regulations of the United States and the District of Columbia.’’ § 1962. Detail of police The Capitol Police Board is authorized to de- tail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. (Pub. L. 96–432, § 5, Oct. 10, 1980, 94 Stat. 1853.) Editorial Notes CODIFICATION Section was classified to section 212a–1 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. Provisions of this section were enacted as permanent law in Pub. L. 96–432. Similar fiscal year provisions were contained in the following appropriation acts and have not been repeated since 1983: Pub. L. 98–51, title I, § 112, July 14, 1983, 97 Stat. 271. Pub. L. 97–276, § 101(e) [S. 2939, title I], Oct. 2, 1982, 96 Stat. 1189. Pub. L. 97–51, § 101(c) [H.R. 4120, title I], Oct. 1, 1981, 95 Stat. 959. Pub. L. 96–536, § 101(c) [H.R. 7593, title I], Dec. 16, 1980, 94 Stat. 3167. Pub. L. 95–391, title I, Sept. 30, 1978, 92 Stat. 780. Pub. L. 95–94, title I, Aug. 5, 1977, 91 Stat. 671. Pub. L. 94–440, title III, Oct. 1, 1976, 90 Stat. 1451. Pub. L. 94–59, title III, July 25, 1975, 89 Stat. 285. Pub. L. 93–371, Aug. 13, 1974, 88 Stat. 436. Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 539. Pub. L. 92–342, July 10, 1972, 86 Stat. 441. Pub. L. 92–51, July 9, 1971, 85 Stat. 136. Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 817. Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 350. Pub. L. 90–417, July 23, 1968, 82 Stat. 406. Pub. L. 90–57, July 28, 1967, 81 Stat. 135. Pub. L. 89–545, Aug. 27, 1966, 80 Stat. 363. Pub. L. 89–90, July 27, 1965, 79 Stat. 275. Pub. L. 88–454, Aug. 20, 1964, 78 Stat. 544. Pub. L. 88–248, Dec. 30, 1963, 77 Stat. 811. Pub. L. 87–730, § 104, Oct. 2, 1962, 76 Stat. 694. Pub. L. 87–130, § 104, Aug. 10, 1961, 75 Stat. 334. Pub. L. 86–628, § 104, July 12, 1960, 74 Stat. 460. Pub. L. 86–176, § 104, Aug. 21, 1959, 73 Stat. 412. Pub. L. 85–570, § 104, July 31, 1958, 72 Stat. 453. Pub. L. 85–75, § 104, July 1, 1957, 71 Stat. 256. June 27, 1956, ch. 453, § 104, 70 Stat. 370. Aug. 5, 1955, ch. 568, § 104, 69 Stat. 520. July 2, 1954, ch. 455, title I, § 104, 68 Stat. 409. Aug. 1, 1953, ch. 304, title I, § 106, 67 Stat. 332. July 9, 1952, ch. 598, § 106, 66 Stat. 478. Oct. 11, 1951, ch. 485, § 106, 65 Stat. 403. Sept. 6, 1950, ch. 896, § 106, 64 Stat. 608. June 22, 1949, ch. 235, § 106, 63 Stat. 230. June 14, 1948, ch. 467, § 106, 62 Stat. 437. July 17, 1947, ch. 262, § 106, 61 Stat. 377. July 1, 1946, ch. 530, § 106, 60 Stat. 408. June 13, 1945, ch. 189, § 106, 59 Stat. 259. June 26, 1944, ch. 277, title I, § 105, 58 Stat. 354. June 28, 1943, ch. 173, title I, 57 Stat. 230. June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. § 1963. Protection of grounds It shall be the duty of the Capitol police on and after April 29, 1876, to prevent any portion of the Capitol Grounds and terraces from being used as playgrounds or otherwise, so far as may be necessary to protect the public property, turf and grass from destruction or injury. (Apr. 29, 1876, ch. 86, 19 Stat. 41.) Editorial Notes CODIFICATION Section was classified to section 214 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. § 1964. Security systems for Capitol buildings and grounds (a) Design and installation (1) Effective October 1, 1995, the unexpended balances of appropriations specified in para- graph (2) are transferred to the appropriation for general expenses of the Capitol Police, to be used for design and installation of security sys- tems for the Capitol buildings and grounds. (2) The unexpended balances referred to in paragraph (1) are— (A) the unexpended balance of appropria- tions for security installations, as referred to in the paragraph under the heading ‘‘CAPITOL BUILDINGS’’, under the general headings ‘‘JOINT ITEMS’’, ‘‘ARCHITECT OF THE CAP- ITOL’’, and ‘‘CAPITOL BUILDINGS AND GROUNDS’’ in title I of the Legislative Branch Appropriations Act, 1995 (108 Stat. 1434), in- cluding any unexpended balance from a prior fiscal year and any unexpended balance under such headings in this Act; and (B) the unexpended balance of the appropria- tion for an improved security plan, as trans- ferred to the Architect of the Capitol by sec- tion 102 of the Legislative Branch Appropria- tions Act, 1989 (102 Stat. 2165). (b) Transfer of responsibility to Capitol Police Board Effective October 1, 1995, the responsibility for design and installation of security systems for the Capitol buildings and grounds is transferred from the Architect of the Capitol to the Capitol Page 434 TITLE 2—THE CONGRESS § 1965 Police Board. Such design and installation shall be carried out under the direction of the Com- mittee on House Oversight of the House of Rep- resentatives and the Committee on Rules and Administration of the Senate, and without re- gard to section 6101 of title 41. On and after Oc- tober 1, 1995, any alteration to a structural, me- chanical, or architectural feature of the Capitol buildings and grounds that is required for a se- curity system under the preceding sentence may be carried out only with the approval of the Ar- chitect of the Capitol. (c) Transfer of positions to Capitol Police (1) Effective October 1, 1995, all positions spec- ified in paragraph (2) and each individual hold- ing any such position (on a permanent basis) im- mediately before that date, as identified by the Architect of the Capitol, shall be transferred to the Capitol Police. (2) The positions referred to in paragraph (1) are those positions which, immediately before October 1, 1995, are— (A) under the Architect of the Capitol; (B) within the Electronics Engineering Divi- sion of the Office of the Architect of the Cap- itol; and (C) related to the design or installation of security systems for the Capitol buildings and grounds. (3) All annual leave and sick leave standing to the credit of an individual immediately before such individual is transferred under paragraph (1) shall be credited to such individual, without adjustment, in the new position of the indi- vidual. (Pub. L. 104–53, title III, § 308, Nov. 19, 1995, 109 Stat. 537.) Editorial Notes REFERENCES IN TEXT The paragraph under the heading ‘‘CAPITOL BUILD- INGS’’, under the general headings ‘‘JOINT ITEMS’’, ‘‘ARCHITECT OF THE CAPITOL’’, and ‘‘CAPITOL BUILDINGS AND GROUNDS’’ in title I of the Legislative Branch Appropriations Act, 1995, referred to in subsec. (a)(2)(A), is contained in Pub. L. 103–283, title I, July 22, 1994, 108 Stat. 1423, 1434, and is not classified to the Code. This Act, referred to in subsec. (a)(2)(A), is Pub. L. 104–53, Nov. 19, 1995, 109 Stat. 514, known as the Legisla- tive Branch Appropriations Act, 1996. Provisions under such headings in this Act appear at 109 Stat. 527, and are not classified to the Code. Section 102 of the Legislative Branch Appropriations Act, 1989, referred to in subsec. (a)(2)(B), is section 102 of Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2165, which is not classified to the Code. CODIFICATION In subsec. (b), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was classified to section 212a–4 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 1965. Maintenance of security systems for Cap- itol buildings and grounds (a) Effective October 1, 1996, the responsibility for maintenance of security systems for the Cap- itol buildings and grounds is transferred from the Architect of the Capitol to the Capitol Po- lice Board. Such maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate. On and after October 1, 1996, any alteration to a structural, mechanical, or archi- tectural feature of the Capitol buildings and grounds that is required for security system maintenance under the preceding sentence may be carried out only with the approval of the Ar- chitect of the Capitol. (b)(1) Effective October 1, 1996, all positions specified in paragraph (2) and each individual holding any such position (on a permanent basis) immediately before that date, as identi- fied by the Architect of the Capitol, shall be transferred to the Capitol Police. (2) The positions referred to in paragraph (1) are those positions which, immediately before October 1, 1996, are— (A) under the Architect of the Capitol; (B) within the Electronics Engineering Divi- sion of the Office of the Architect of the Cap- itol; and (C) related to the maintenance of security systems for the Capitol buildings and grounds. (3) All annual leave and sick leave standing to the credit of an individual immediately before such individual is transferred under paragraph (1) shall be credited to such individual, without adjustment, in the new position of the indi- vidual. (Pub. L. 104–197, title III, § 308, Sept. 16, 1996, 110 Stat. 2413.) Editorial Notes CODIFICATION Section was classified to section 212a–4a 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 1965a. Prohibition on use of funds for installa- tion of permanent fencing on Capitol Grounds None of the funds made available in this or any other Act in prior fiscal years, this fiscal year, or any fiscal year thereafter may be used to install permanent, above-ground fencing around the perimeter, or any portion thereof, of the United States Capitol Grounds, as described in section 5102 of title 40. (Pub. L. 117–31, title III, § 310, July 30, 2021, 135 Stat. 314.)