[117th Congress Public Law 77]
[From the U.S. Government Publishing Office]
[[Page 1521]]
CAPITOL POLICE EMERGENCY ASSISTANCE
ACT OF 2021
[[Page 135 STAT. 1522]]
Public Law 117-77
117th Congress
An Act
To empower the Chief of the United States Capitol Police to unilaterally
request the assistance of the DC National Guard or Federal law
enforcement agencies in emergencies without prior approval of the
Capitol Police Board. <<NOTE: Dec. 22, 2021 - [S. 3377]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Capitol Police
Emergency Assistance Act of 2021.>>
SECTION 1. <<NOTE: 2 USC 1901 note.>> SHORT TITLE.
This Act may be cited as the ``Capitol Police Emergency Assistance
Act of 2021''.
SEC. 2. EMERGENCY ASSISTANCE FOR THE CAPITOL POLICE.
(a) Assistance by Executive Departments and Agencies.--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)) is amended--
(1) in paragraph (1), by inserting ``or in accordance with
paragraph (4)'' before ``and on a permanent'';
(2) in paragraph (4)(B)--
(A) in the matter preceding clause (i), by striking
``advance''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' after
the semicolon;
(ii) in subclause (II), by striking ``and''
after the semicolon and inserting ``or''; and
(iii) by adding at the end the following:
``(III) the Chief of the Capitol
Police, if the Chief of the Capitol
Police has determined that the provision
of assistance is necessary to prevent
the significant disruption of
governmental function and public order
within the United States Capitol
Buildings and Grounds, as described in
section 9 of the Act entitled `An Act to
define the area of the United States
Capitol Grounds, to regulate the use
thereof, and for other purposes',
approved July 31, 1946 (2 U.S.C. 1961);
and''; and
(3) by adding at the end the following:
``(5) <<NOTE: Consultation.>> Revocation.--The Capitol
Police Board may revoke a request for assistance provided under
paragraph (4)(B)(ii)(III) upon consultation with appropriate
Members of the Senate and House of Representatives in leadership
positions.''.
[[Page 135 STAT. 1523]]
(b) Capitol Police Special Officers.--Section 1017 of division H of
the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1974) is
amended--
(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 <<NOTE: 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.'';
(2) by striking subsections (c) and (e);
(3) by redesignating subsections (d), (f), and (g) as
subsections (c), (d), and (e), respectively; and
(4) in subsection (d), as redesignated by paragraph (3) of
this subsection, by striking ``President pro tempore'' and
inserting ``Majority Leader''.
SEC. 3. <<NOTE: 2 USC 1901b.>> JOINT OVERSIGHT HEARINGS.
(a) In General.--The Committee on Rules and Administration of the
Senate and the Committee on House Administration of the House of
Representatives (referred to in this section as the ``Committees'') are
authorized to jointly conduct oversight hearings regarding the Capitol
Police Board and may request the attendance of all members of the
Capitol Police Board at any such hearing. Members of the Capitol Police
Board shall attend a joint hearing under this section, as requested and
under such rules or procedures as may be adopted by the Committees.
(b) <<NOTE: Determination.>> Timing.--The Committees may conduct
oversight hearings under this section as determined appropriate by the
Committees, but shall conduct not less than one oversight hearing under
this section during each Congress.
[[Page 135 STAT. 1524]]
SEC. 4. <<NOTE: 2 USC 1970 note.>> EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2021.
Approved December 22, 2021.
LEGISLATIVE HISTORY--S. 3377:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Dec. 13, considered and passed Senate.
Dec. 14, considered and passed House.
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