§ 1974. Capitol Police special officers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   Legislative Branch Appropriations Act, 2003

   Pub. L. 108–7 div. H title I § 1017 · 117 Stat. 11

   Enacted · 2 U.S.C. § 1974

   Pub. L. 108–7, div. H, title I, § 1017, Feb. 20, 2003, 117 Stat. 365

   Source evidence

   Code source credit
   Pub. L. 108–7, div. H, title I, § 1017, Feb. 20, 2003, 117 Stat. 365

   Enacted provision · exact public law section
   Sec. 1017. 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, 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. (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, United States Code, if that individual is acting within the scope of his office or employment in service as a special officer. (c) Qualifications.— 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. (d) 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. (e) 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 Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly. (f) Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore 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. (g) Effective Date.— This Applicability. section shall take effect on the date of enactment of this Act and shall apply to fiscal year 2003 and each fiscal year thereafter.

2. 2021

   Capitol Police Emergency Assistance Act of 2021

   Pub. L. 117–77 § 2(b)(1) · 135 Stat. 1522

   1. Inserted · 2 U.S.C. § 1974(a)

      Pub. L. 117–77, § 2(b)(1), inserted “or as determined by the Chief of the Capitol Police in accordance with section 1970(a)(4)(B)(ii)(III) of this title,” after “Congress,” in introductory provisions

   2. Inserted · 2 U.S.C. § 1974(a)

      Pub. L. 117–77, § 2(b)(1), inserted concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–77, § 2(b)(1), inserted “or as determined by the Chief of the Capitol Police in accordance with section 1970(a)(4)(B)(ii)(III) of this title,” after “Congress,” in introductory provisions and inserted concluding provisions.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “or as determined by the Chief of the Capitol Police in accordance with section 911(a)(4)(B)(ii)(III) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)(4)(B)(ii)(III)),” after “Congress,”; and (B) by adding at the end the following: “An Determination. appointment under this section due to an emergency determined by the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of section 911(a) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)) 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.” ;

   Effective date note
   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.

3. 2021

   Capitol Police Emergency Assistance Act of 2021

   Pub. L. 117–77 § 2(b)(2) · 135 Stat. 1522

   1. Redesignated · 2 U.S.C. § 1974(c)

      Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (d) as (c)

   2. Struck · 2 U.S.C. § 1974(c)

      Pub. L. 117–77, § 2(b)(2), (3), 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—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) by striking subsections (c) and (e);

   Effective date note
   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.

4. 2021

   Capitol Police Emergency Assistance Act of 2021

   Pub. L. 117–77 § 2(b)(3) · 135 Stat. 1522

   1. Redesignated · 2 U.S.C. § 1974(d)

      Pub. L. 117–77, § 2(b)(3), (4), redesignated subsec. (f) as (d)

   2. Redesignated · 2 U.S.C. § 1974(d)

      Pub. L. 117–77, § 2(b)(3), (4), substituted “Majority Leader” for “President pro tempore”. Former subsec. (d) redesignated (c)

   Source evidence

   Code amendment note
   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) redesignated (c).

   Enacted provision · exact public law section
   (3) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively; and

   Effective date note
   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.

5. 2021

   Capitol Police Emergency Assistance Act of 2021

   Pub. L. 117–77 § 2(b)(2) · 135 Stat. 1522

   1. Redesignated · 2 U.S.C. § 1974(e)

      Pub. L. 117–77, § 2(b)(2), (3), redesignated subsec. (g) as (e)

   2. Struck · 2 U.S.C. § 1974(e)

      Pub. L. 117–77, § 2(b)(2), (3), 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 Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly.”

   Source evidence

   Code amendment note
   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 Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly.”

   Enacted provision · exact public law section
   (2) by striking subsections (c) and (e);

   Effective date note
   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.

6. 2021

   Capitol Police Emergency Assistance Act of 2021

   Pub. L. 117–77 § 2(b)(3) · 135 Stat. 1522

   Redesignated · 2 U.S.C. § 1974(f); 2 U.S.C. § 1974(g)

   Pub. L. 117–77, § 2(b)(3), redesignated subsecs. (f) and (g) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 117–77, § 2(b)(3), redesignated subsecs. (f) and (g) as (d) and (e), respectively.

   Enacted provision · exact public law section
   (3) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively; and

   Effective date note
   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.

10 of 10 references resolved to an enrolled provision