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Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Prop- erty, and Works, were repealed and reenacted as sec- tions 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub.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 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); Page 440 TITLE 2—THE CONGRESS § 1975 (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 in- dividual 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 Cap- itol 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 Representa- tives) 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 sec- tion. (e) Effective date This section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, § 1017, Feb. 20, 2003, 117 Stat. 365; Pub. L. 117–77, § 2(b), Dec. 22, 2021, 135 Stat. 1523.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–77, § 2(b)(1), inserted ‘‘or as determined by the Chief of the Capitol Police in ac- cordance with section 1970(a)(4)(B)(ii)(III) of this title,’’ after ‘‘Congress,’’ in introductory provisions and in- serted concluding provisions. Subsec. (c). Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘Any individual appointed under subsection (a) shall be subject to— ‘‘(1) qualification requirements as the Chief of the Capitol Police determines necessary; and ‘‘(2) approval by the Capitol Police Board.’’ Subsec. (d). Pub. L. 117–77, § 2(b)(3), (4), redesignated subsec. (f) as (d) and substituted ‘‘Majority Leader’’ for ‘‘President pro tempore’’. Former subsec. (d) redesig- nated (c). Subsec. (e). Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (g) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: ‘‘Any appointment under this section shall be subject to initial approval by the Capitol Police Board and to final approval by the Speaker of the House of Rep- resentatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minor- ity Leader of the Senate), acting jointly.’’ Subsecs. (f), (g). Pub. L. 117–77, § 2(b)(3), redesignated subsecs. (f) and (g) as (d) and (e), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–77 effective Oct. 1, 2021, see section 4 of Pub. L. 117–77, set out as a note under section 1970 of this title. § 1975. Overseas travel (a) Definition In this section, the term ‘‘United States’’ means each of the several States of the United States, the District of Columbia, and the terri- tories and possessions of the United States. (b) In general A member of the Capitol Police may travel outside of the United States if— (1) that travel is with, or in preparation for, travel of a Senator, including travel of a Sen- ator as part of a congressional delegation; (2) the member of the Capitol Police is per- forming security advisory and liaison func- tions (including advance security liaison prep- arations) relating to the travel of that Sen- ator; and (3) the Sergeant at Arms and Doorkeeper of the Senate gives prior approval to the travel of the member of the Capitol Police. (c) Law enforcement functions Subsection (b) shall not be construed to au- thorize the performance of law enforcement functions by a member of the Capitol Police in connection with the travel authorized under that subsection. (d) Reimbursement The Capitol Police shall be reimbursed for the overtime pay, travel, and related expenses of any member of the Capitol Police who travels under the authority of this section. Any reim- bursement under this subsection shall be paid from the account under the heading ‘‘SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF THE SEN- ATE’’. (e) Amounts received Any amounts received by the Capitol Police for reimbursements under subsection (d) shall be credited to the accounts established for the gen- eral expenses or salaries of the Capitol Police, and shall be available to carry out the purposes of such accounts during the fiscal year in which the amounts are received and the following fis- cal year. (f) Effective date This section shall apply to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, § 12, Dec. 8, 2004, 118 Stat. 3171.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2005, which is div. G of the Consolidated Ap- propriations Act, 2005. § 1975a. Overseas travel to accompany members of House leadership (a) Travel authorized (1) In general A member of the Capitol Police may travel outside of the United States for official duty if— (A) that travel is with, or in preparation for, travel of a Member of the House of Rep-