Sec. 704.
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This section may be cited as the . United States Capitol Protection Task Force Act In this section: The term activate , with respect to a partner agency, means that the partner agency has been directed to perform activities in preparation for or response to an event, or as part of a training activity, under the Task Force agreement with the partner agency. The term appropriate committees of Congress means— the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
The term Capitol complex means the United States Capitol Grounds described in section 5102 of title 40, United States Code, and the Capitol Buildings described in section 5101 of title 40, United States Code. The term Capital region means— the District of Columbia; Anne Arundel, Baltimore, Charles, Frederick, Howard, Montgomery, and Prince Georges Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs
(B)and (C). The term Chief means the Chief of the United States Capitol Police. The term Fund means the United States Capitol Protection Task Force Fund established under subsection (l)(1). The term Incident Command System organizational roster means the list of assignments under the Incident Command System to be used for rostering personnel of partner agencies developed under subsection (d)(7)(A). The term National Incident Management System has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 ). The term partner agency — means a law enforcement agency entering into a Task Force agreement; and may include— Federal law enforcement agencies, including— the Federal Bureau of Investigation; the United States Marshals Service; the United States Park Police; the United States Secret Service; the United States Coast Guard; the Federal Protective Service; the Amtrak Police Department; the United States Supreme Court Police; the Pentagon Force Protection Agency; and the Government Publishing Office Police; any State or local law enforcement agency operating in the Capital region; and the National Guard of the District of Columbia for the purposes of obtaining specialized capabilities for use within the mission of the Task Force. The term Task Force means the United States Capitol Protection Task Force established under the agreements entered into or modified under subsection (c)(1). The term Task Force agreement means a memorandum of understanding or other agreement between the Chief and a partner entity establishing the terms and conditions of the participation of the partner entity in the Task Force. The Chief shall enter into new memorandums of understanding, or modify existing agreements, with law enforcement agencies operating in the Capital region to establish the United States Capitol Protection Task Force as a ready response capability, to assist the United States Capitol Police in protecting and providing security at the Capitol complex, in accordance with this section. The authority under this section is in addition to any authority under section 911 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 ), relating to assistance by executive departments and agencies. The head of the Task Force shall be the Chief, who shall have the authority to activate partner agencies in accordance with the Task Force agreements with the partner agencies. The rules, processes, procedures, and expectations for the Task Force shall be established and carried out in accordance with the National Incident Management System and the Incident Command System. The Chief and commanders from each partner agency shall meet not less frequently than quarterly to discuss the operation of the Task Force, including intra-agency training goals, Task Force joint training exercises, communications, Incident Command Systems, equipment, and any other issue required to ensure the success of the Task Force. The Chief shall ensure consistent and appropriate communication is provided regarding the activities of the Task Force to— the Capitol Police Board, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate; the appropriate committees of Congress; partner agencies, for dissemination to executives overseeing the partner agencies and other significant stakeholders; and the public. Under a Task Force agreement, a partner agency shall participate in joint training with the Task Force in accordance with subsection (i)(2). The Chief shall designate 1 or more locations in the Capitol complex, which shall be coordinated with the various entities with jurisdiction of the areas of the Capitol complex, that will be used for staging and response operations by the Task Force. Not later than 90 days after the date of enactment of this Act, the Chief shall develop a list of assignments under the Incident Command System to be used for rostering personnel of partner agencies during an activation. The Chief and partner agencies shall— ensure that the assignments of personnel under the Incident Command System organizational roster comport with the personnel that partner agencies will provide under the Task Force agreements; and review and, if necessary, revise the Incident Command System organizational roster on a quarterly basis. The Incident Command System organizational roster and related protocols shall be trained and exercised in accordance with subsection (i)(2). Except for an activation for training or exercising activities relating to the Task Force, the Chief may not activate the personnel, assets, capabilities, or equipment of a partner agency, unless the Chief submits to the Capitol Police Board a certification that intelligence and threat identification related to 1 or more events indicates that the necessary response will exceed the capacity of the United States Capitol Police in carrying out its mission. A certification by the Chief under paragraph
(1)shall include consideration of the impacts on rights under the First Amendment to the Constitution of the United States related to operational activities resulting from the activation of 1 or more partner agencies. During a period during which 1 or more partner agencies are activated, the Chief shall— not less frequently than every 30 days, submit to the Capitol Police Board a certification described in paragraph (1); and in preparing the certification submitted under subparagraph (A), consult with— the Capitol Police Board; and the appropriate committees of Congress. A Task Force agreement shall— establish— the personnel, assets, capabilities, equipment, and reimbursement to be provided from, or to, a partner agency; the response time for a partner agency if the Chief activates the partner agency; and that, upon activation, the personnel, assets, capabilities, and equipment provided to the Task Force by a partner agency shall operate under the authority and direction of the Chief; provide that, when activated, the personnel of a partner agency shall operate within the primary jurisdiction of the United States Capitol Police under section 9B(b) 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. 1967(b) ); and ensure consistency with the operational and jurisdictional relationship between the United States Capitol Police and the United States Supreme Court Police during activations of the Task Force. Under a Task Force agreement, a partner agency shall agree to make available, when activated, law enforcement officers that have had significant training and experience in handling demonstrations, riots, or other large scale events requiring the deployment of civil disturbance units. A partner agency shall agree, under a Task Force agreement, on the number of personnel to be provided during a period of activation, which— shall include identifying a sufficient number of primary personnel and alternate personnel to ensure the partner agency can provide the agreed upon number of personnel; for a partner agency with a sworn workforce of less than 200 officers, shall require that the partner agency provide not less than 1 unit, which shall consist of not less than 10 law enforcement officers; for a partner agency with a sworn workforce of not less than 200 officers and less than 500 officers— shall require that the partner agency provide not less than 1 unit, which shall consist of not less than 20 law enforcement officers; and may provide that the partner agency shall provide supervisory officers, a commander, or mission support personnel; for a partner agency with a sworn workforce of not less than 500 officers, shall require the partner agency provide not less than 1 unit, which shall consist of not less than 40 law enforcement officers, an appropriate number of supervisory officers, a commander, and not less than 5 mission support personnel; and may provide that a partner agency shall provide more than 1 unit described in sub-paragraph (B), (C), or (D), as applicable. The Chief shall ensure that the Task Force agreements provide for a range of personnel to be provided by partner agencies, with a range of capabilities, as necessary for an effective rapid response capability. The Chief shall ensure that the Task Force has adequate incident response capabilities— which shall include Incident Command System supervisory positions and civil disturbance commanders, supervisors, and officers; and may include Special Weapons And Tactics officers, bomb and hazardous devices technicians, hazardous materials response technicians, canine teams, threats officers or agents, intelligence agents or analysts, command center operations technicians, and communications or dispatch technicians. The Chief shall ensure that the Task Force has adequate mission response capabilities, including radio and information technology specialists, training instructors, asset management or logistics technicians, financial management personnel, and public affairs officers or specialists. A Task Force agreement shall specify specialized equipment that will be provided by the Chief to the partner agency. A partner agency— may use equipment described in subparagraph
(A)that is provided by the Chief during the normal operations of the partner agency; and shall— maintain any such equipment; and if any such equipment is damaged or destroyed during activities that are not part of an activation of the partner agency, bear the cost of repairing or replacing the equipment, in accordance with established standards of the United States Capitol Police. Under a Task Force agreement, the Chief shall be responsible for, and bear the cost of, activities and equipment necessary to ensure the interoperability of communications. A Task Force agreement may specify the response or specialized vehicles, including land and air vehicles, that will be provided by a partner agency during a period of activation. Under a Task Force agreement, the Chief shall procure and provide training, including exercises, relating to the activities of the Task Force, to ensure consistent capabilities across the partner agencies. Under a Task Force agreement, a partner agency shall participate in joint training with the Task Force, to be conducted in the Capitol complex or another appropriate training venue— not less than 4 times during the 1-year period beginning on the date of enactment of this Act; and not less than 2 times per year thereafter. The joint training by the partner agencies and the United States Capitol Police shall be designed to enhance interoperability and reinforce the requirements under the National Incident Management System, including implementation of a unified command structure for command and control of major events. A Task Force agreement shall provide that the Chief shall reimburse a partner agency for the cost— of overtime pay, hazardous duty pay, additional pay required during training, and pay during response or recovery time that is payable to personnel of the partner agency in connection with activities of the Task Force, which shall be determined based on standard calculation rates contained in the Task Force agreement; to the partner agency of stand-by capabilities; of the use of vehicles of the partner agency in connection with activities of the Task Force; of administrative costs for maintaining the personnel, assets, capabilities, equipment, and vehicles provided to the Task Force by the partner agency; and of damage to or the destruction of a vehicle provided by the partner agency under the Task Force agreement which occurs during a period of activation. A Task Force agreement may not provide for the reimbursement of the basic pay of personnel of a partner agency. Not later than 90 days after the date of enactment of this Act, the Chief shall submit to the Capitol Police Board and the appropriate committees of Congress a plan to enhance the intelligence and threat detection capabilities of the United States Capitol Police, in order to ensure the effective operation and activation of the Task Force. There is established in the Treasury of the United States a fund to be known as the United States Capitol Protection Task Force Fund. Amounts in the Fund shall be available to the Chief for the cost of addressing significant response requirements by partner agencies, including reimbursements in accordance with this section, as determined by the Chief. The Fund shall consist of any amounts appropriated by law for the purposes of the Fund. Not later than 90 days after the date of enactment of this Act, the Chief shall submit to the Capitol Police Board and the appropriate committees of Congress for review and approval an internal controls plan for reporting on spending of amounts appropriated to the Fund. The Chief may not obligate or expend amounts in the Fund until the date on which the Chief submits the internal controls plan in accordance with subparagraph (A). Each partner agency shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that partner agency and representatives of deceased members of such forces if the members sustain injuries or are killed while activated under a Task Force agreement, including while engaged in training activities under the Task Force agreement, in the same manner and on the same terms as if the injury or death were sustained within the jurisdiction of the partner agency. No partner agency shall be liable under the law of any State other than its own for providing for the payment of compensation or death benefits to injured members of the emergency forces of the partner agency or representatives of deceased members of such forces if the members sustain injuries or are killed while activated under a Task Force agreement, including while engaged in training activities under the Task Force agreement, in the same manner and on the same terms as if the injury or death were sustained within the jurisdiction of the partner agency. While activated, personnel of a partner agency are designated as special officers within the United States Capitol Police, in accordance with paragraph
(2)of section 1017(a) of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974(a) ), as added by this section, and, as such, shall conduct law enforcement and security functions under agreed upon use of force and other operational purposes, as determined by the Chief, in accordance with the Task Force agreements. The Chief shall submit with the annual budget justification of the United States Capitol Police a report documenting the activities of the Task Force from the prior year, which shall include— the number and status of Task Force agreements; the number and type of training and exercises conducted in support of the Task Force capabilities; a summary of the command staff meetings relating to Task Force capabilities conducted during the reporting period; a summary of the types and scope of operational activations of the Task Force during the reporting period; a summary of the after-action reports following operational activations of the Task Force during the reporting period; and a summary of the expenditures from the Fund to support the Task Force. The Inspector General of the United States Capitol Police shall conduct an annual audit of the operation of the United States Capitol Protection Task Force, concurrently with the audit of the annual financial statements of the United States Capitol Police required under section 108(b)(2)(D) of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1903(b)(2)(D) ). The Government Accountability Office shall conduct periodic reviews of the activities and operations of the United States Capitol Protection Task Force and report to the Congress, and have access to, and the right to make and retain copies of, the records of the Task Force and its component organizations pertinent to its activities and operations. Section 1017(a) of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974(a) ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and adjusting the margin accordingly; by striking In the event of an emergency, and inserting the following: In the event of an emergency, ; and by adding at the end the following: In this paragraph, the terms activate and partner agency have the meanings give such terms in the United States Capitol Protection Task Force Act. Any law enforcement officer of a partner agency that is activated under the United States Capitol Protection Task Force Act shall be deemed to have been appointed to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds. .
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