Title 2, The CongressRelease 119-110

§1970 Assistance by Executive Departments and Agencies

Title 2 › CHAPTER 29 — CAPITOL POLICE › SUBCHAPTER II — POWERS AND DUTIES › § 1970

Last updated Sep 23, 2026|Official source

Summary

Federal departments and agencies may help the United States Capitol Police by lending people, equipment, services, or space. Help can be temporary (and paid back) or permanent if the Capitol Police Board asks in writing ahead of time. The Department of Defense and the Coast Guard may give temporary help without being paid back when they assist with protection duties under sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40. Before asking for help, the Capitol Police Board must talk with top House and Senate leaders unless it is an emergency. In an emergency, the Senate Sergeant at Arms and Doorkeeper can ask for help for Senate matters, the House Sergeant at Arms can ask for help for House matters, and the Chief of the Capitol Police can ask if the Chief finds help is needed to prevent a major disruption of government or public order within the Capitol Buildings and Grounds (see section 1961). Only federal officers or employees authorized by the Chairman of the Capitol Police Board may buy, lease, or order goods or services for these duties. Money to pay for this help must come from funds specifically given to the Capitol Police Board or the U.S. Capitol Police, except when the DoD or Coast Guard use their own funds for the protection duties above or when other agencies are later reimbursed by the Capitol Police. The Capitol Police Board can cancel an emergency request made by the Chief after consulting congressional leaders. If an agency helps in any fiscal year, the head of that agency must send a report to the Chairman of the Capitol Police Board within 90 days after the fiscal year ends. The report must list all spending for that assistance. After collecting all agency reports, the Chairman must send a summary to the Senate and House Appropriations Committees. This law took effect on January 10, 2002, and applies to fiscal years after that date.

Full Legal Text

Title 2, §1970

The Congress, Source: USLM XML via OLRC

(a)Assistance
(1)In general
Executive departments and Executive agencies may assist the United States Capitol Police in the performance of its duties by providing services (including personnel), equipment, and facilities on a temporary and reimbursable 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 reimbursement when assisting the United States Capitol Police in its duties directly related to protection under section 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40. Before making a request under this paragraph, the Capitol Police Board shall consult with appropriate Members of the Senate and House of Representatives in leadership positions, except in an emergency.
(2)Procurement
No services (including personnel), equipment, 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 Police 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 Capitol Police for those purposes with the exception of— (A)
(B)expenditures made by Executive departments and agencies, in providing assistance at the request of the United States Capitol 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 provided—
(A)consistent with the authority of the Capitol Police under section 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 Doorkeeper of the Senate in any matter relating to the Senate;
(II)the Sergeant at Arms of the House of Representatives in any matter relating to the House of Representatives; or
(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 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 reimbursement by the Department of Defense and the Coast Guard as described under paragraph (1).
(5)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.
(b)Reports
(1)Submission
With respect to any fiscal year in which an executive department or executive agency provides assistance under this section, the head of that department or agency shall submit a report not later than 90 days after the end of the fiscal year to the Chairman of the Capitol Police Board.
(2)Content
The report submitted under paragraph (1) shall contain a detailed account of all expenditures 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 Chairman 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 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), which is act
July 31, 1946, ch. 707, 60 Stat. 718. section 9, 9A, 9B, 9C, and 14 of the Act are classified, respectively, to section 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, Property, and Works, were repealed and reenacted as sections 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 provision enacted by Pub. L. 107–217. For complete classification 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 introductory 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 effect on October 1, 2021.”

Reference

Citations & Metadata

Citation

2 U.S.C. § 1970

Title 2, The Congress

Last Updated

Sep 23, 2026

Release point: 119-110