Capitol Police Emergency Assistance Act of 2021
Bill: S.3377 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Congress

Summary:
Capitol Police Emergency Assistance Act of 2021
This bill allows the chief of the U.S. Capitol Police to request emergency assistance from executive departments and executive agencies to prevent significant disruption of governmental function and public order at the U.S. Capitol. The bill also eliminates statutory qualification and approval requirements for law enforcement and uniformed service personnel appointed to serve as special police officers, including during periods of emergency initiated by the chief under the bill. Further, special police regulations prescribed by the U.S. Capitol Police Board are subject to approval by the Speaker of the House and Senate majority leader under the bill. Those regulations are subject to approval by the Speaker and the President pro tempore of the Senate under current law.
Finally, the bill requires the Senate Committee on Rules and Administration and the House Committee on House Administration to jointly conduct at least one oversight hearing of the U.S. Capitol Police Board during each Congress.

[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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