Further Update Re Capitol Police
Reader Bill has brought some further specific statutes to my attention with regard to the jurisdiction and operations of the US Capitol Police. None of what follows comes as any surprise to me--and it shouldn't to anyone else, either. The provisions in these laws are typical for federal LE agencies--providing for deployment outside normal jurisdiction and for receiving military equipment.
The section that covers deployment outside normal jurisdiction is to prevent conflicts and screwups--even though the USCP already has national jurisdiction for matters within their authority. This provision is a safeguard measure.
Re "surplus or obsolete property", that mostly allows LE agencies to receive and use military equipment. YMMV in that regard. I'm one of those people who deplore the militarization of LE at all levels throughout the land, but provisions of this sort are pretty typical since even before the GWOT began.
First, here's the overall Chapter of the US Code that covers the USCP:
2 U.S. Code Chapter 29 - CAPITOL POLICE
Subchapter II contains the relevant sections. I'l first provide the ToC for Subchapter II, just saw you can see how thoroughly the duties and authorities of the USCP have been provided for:
§ 1965. Maintenance of security systems for Capitol buildings and grounds
§ 1966. Protection of Members of Congress, officers of Congress, and members of their families
§ 1971. Contributions of meals and refreshments during emergency duty
§ 1972. Contributions of comfort and other incidental items and services during emergency duty
§ 1973. Support and maintenance expenditures during emergency duty
§ 1975a. Overseas travel to accompany members of House leadership
Sections 1978 and 1982 are the sections that Bill brought to my attention. Please note: §1978 took effect in 2005, under President Dubya; §1982 is newer and dates to May, 2017--under President Trump:
2 U.S. Code § 1978 - Deployment outside of jurisdiction
(a) Requirements for prior notice and approval The Chief of the Capitol Police may not deploy any officer outside of the areas established by law for the jurisdiction of the Capitol Police unless— (1) the Chief provides prior notification to the Committee on House Administration of the House of Representatives , the Committee on Rules and Administration of the Senate , and the Committees on Appropriations of the House of Representatives and Senate of the costs anticipated to be incurred with respect to the deployment; and (2) the Capitol Police Board gives prior approval to the deployment.
(b) Exception for certain services Subsection (a) does not apply with respect to the deployment of any officer for any of the following purposes: (1) Responding to an imminent threat or emergency. (2) Intelligence gathering. (3) Providing protective services.
(c) Effective date
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
2 U.S. Code § 1982 - Acceptance of surplus or obsolete property
Upon notifying the Committees of Appropriations of the House of Representatives and Senate , the United States Capitol Police may accept surplus or obsolete property offered by another Federal department, agency, or office.
(Pub. L. 115–31, div. I, title I, § 1001(b) , May 5, 2017 , 131 Stat. 578 .)
Most of the people writing about these matters unfortunately did not bother to inform themselves before putting fingers to keyboard. We should be able to discuss these developments on their merits, informed by the law, but without overwrought rhetoric about creating another unaccountable intelligence agency. All LE is in the intelligence business and all LE is accountable--on paper .