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

Page 438 TITLE 2—THE CONGRESS § 1970 1 See References in Text note below. § 1970. Assistance by Executive departments and agencies (a) Assistance (1) In general Executive departments and Executive agen- cies may assist the United States Capitol Po- lice in the performance of its duties by pro- viding services (including personnel), equip- ment, and facilities on a temporary and reim- bursable 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 reim- bursement 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 40.1 Before making a request under this paragraph, the Capitol Police Board shall consult with appropriate Members of the Senate and House of Representatives in lead- ership positions, except in an emergency. (2) Procurement No services (including personnel), equip- ment, 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 Po- lice 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 Cap- itol Police for those purposes with the excep- tion of— (A) expenditures made by the Department of Defense or the Coast Guard from funds ap- propriated to the Department of Defense or the Coast Guard in providing assistance on a temporary basis to the United States Cap- itol Police in the performance of 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; 1 and (B) expenditures made by Executive de- partments and agencies, in providing assist- ance at the request of the United States Cap- itol Police in the performance of its duties, and which will be reimbursed by the United States Capitol Police under this section. (4) Provision of assistance Assistance under this section shall be pro- vided— (A) consistent with the authority of the Capitol Police under sections 1961 and 1966 of this title; (B) upon the written request of— (i) the Capitol Police Board; or (ii) in an emergency— (I) the Sergeant at Arms and Door- keeper of the Senate in any matter re- lating to the Senate; (II) the Sergeant at Arms of the House of Representatives in any matter relat- ing to the House of Representatives; or (III) the Chief of the Capitol Police, if the Chief of the Capitol Police has deter- mined that the provision of assistance is necessary to prevent the significant dis- ruption of governmental function and public order within the United States Capitol Buildings and Grounds, as de- scribed in section 1961 1 of this title; and (C)(i) on a temporary and reimbursable basis; (ii) on a permanent reimbursable basis upon advance written request of the Capitol Police Board; or (iii) on a temporary basis without reim- bursement by the Department of Defense and the Coast Guard as described under paragraph (1). (5) Revocation The Capitol Police Board may revoke a re- quest for assistance provided under paragraph (4)(B)(ii)(III) upon consultation with appro- priate Members of the Senate and House of Representatives in leadership positions. (b) Reports (1) Submission With respect to any fiscal year in which an executive department or executive agency pro- vides assistance under this section, the head of that department or agency shall submit a re- port not later than 90 days after the end of the fiscal year to the Chairman of the Capitol Po- lice Board. (2) Content The report submitted under paragraph (1) shall contain a detailed account of all expendi- tures made by the Executive department or executive agency in providing assistance under this section during the applicable fiscal year. (3) Summary After receipt of all reports under paragraph (2) with respect to any fiscal year, the Chair- man of the Capitol Police Board shall submit a summary of such reports to the Committees on Appropriations of the Senate and the House of Representatives. (c) Effective date This section shall take effect on January 10, 2002, and apply to each fiscal year occurring after such date. (Pub. L. 107–117, div. B, § 911, Jan. 10, 2002, 115 Stat. 2322; Pub. L. 117–77, § 2(a), Dec. 22, 2021, 135 Stat. 1522.) Editorial Notes REFERENCES IN TEXT Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (a)(1), (3)(A), (4)(B)(ii)(III), was in the original a reference to the Act of July 31, 1946 (40 U.S.C. 212a–2), 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 OF 2021 AMENDMENT Pub. L. 117–77, § 4, Dec. 22, 2021, 135 Stat. 1524, provided that: ‘‘The amendments made by this Act [amending this section and section 1974 of this title] shall take ef- fect on October 1, 2021.’’ § 1971. Contributions of meals and refreshments during emergency duty At any time on or after November 12, 2001, the United States Capitol Police may accept con- tributions of meals and refreshments in support of activities of the United States Capitol Police during a period of emergency (as determined by the Capitol Police Board). (Pub. L. 107–68, title I, § 121, Nov. 12, 2001, 115 Stat. 576.) Editorial Notes CODIFICATION Section was classified to section 206d 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. § 1972. Contributions of comfort and other inci- dental items and services during emergency duty In addition to the authority provided under section 1971 of this title, at any time on or after January 10, 2002, the Capitol Police Board may accept contributions of comfort and other inci- dental items and services to support officers and employees of the United States Capitol Police while such officers and employees are on duty in response to emergencies involving the safety of human life or the protection of property. (Pub. L. 107–117, div. B, § 910, Jan. 10, 2002, 115 Stat. 2322.) Editorial Notes CODIFICATION Section was classified to section 206d–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. § 1973. Support and maintenance expenditures during emergency duty At any time on or after November 12, 2001, the Capitol Police Board may incur obligations and make expenditures out of available appropria- tions for meals, refreshments and other support and maintenance for the Capitol Police when, in the judgment of the Capitol Police Board, such obligations and expenditures are necessary to respond to emergencies involving the safety of human life or the protection of property. (Pub. L. 107–68, title I, § 124, Nov. 12, 2001, 115 Stat. 576.) Editorial Notes CODIFICATION Section was classified to section 206e 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. § 1974. Capitol Police special officers (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, 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 polic- ing 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 Po- lice within the authorities of the Capitol Po- lice in policing the Capitol buildings and grounds. An appointment under this section due to an emergency determined by the Chief of the Cap- itol Police under paragraph (4)(B)(ii)(III) of sec- tion 1970(a) of this title shall be in effect for the period of the emergency, unless and until the Capitol Police Board revokes the request for as- sistance 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 serv- ice);