Congress Increases Oversight of Capitol Police; Provides Chief Emergency Authority

With the first anniversary of the Capitol attack on January 6, 2021, approaching, various insurrection related actions have occurred over the past week.

On December 14, Congress passed the Capitol Police Emergency Assistance Act which empowers the Capitol Police chief to unilaterally request support from federal law enforcement or the National Guard in the event of an emergency; the bill will next head to President Biden for his signature.

Senator Roy Blunt (R-MO) referred to the legislation as an effort to improve Capitol security.

“I have long been concerned that the structure of the Capitol Police Board creates unnecessary delays when swift, decisive action is needed. This bipartisan bill addresses a major security challenge that was evident on January 6th,” Senator Blunt continued.

The measure incorporates recommendations from the Senate Committees on Rules and Administration (Rules) and Homeland Security and Governmental Affairs (HSGAC) concerning the security, planning, and response failures associated with the Capitol attack.

“Our report found that Capitol Police officers and their law enforcement partners were left alone to defend the Capitol and our democracy itself from violent insurrectionists, while the Chief of the Capitol Police was delayed in obtaining approval to request help from the National Guard. This legislation will help ensure the Capitol Police Chief has the authority needed to call for reinforcements at the Capitol swiftly during emergencies,” stated Senator Amy Klobuchar (D-MN).

Moreover, the legislation ties Congressional oversight of the Capitol Police to joint hearings, in which all members of the Capitol Police Board will be present. There has not been a joint hearing by the full Capitol Police Board since 1945, which includes the Senate Sergeant at Arms, the House Sergeant at Arms, and the Capitol Police chief (ex-officio). 

While Capitol Police have introduced wider intelligence sharing efforts, improved trainings, and enhanced coordination; however, Capitol Police Inspector General (IG) Michael Bolton reported the department has implemented only a fraction of the recommended changes.

"The Department still lacks the overall training infrastructure to meet the needs of the Department, the level of Intelligence gathering and expertise needed, and an overall cultural change needed to move the department into a protective agency as opposed to a traditional Police Department," stated IG Bolton.

“The United States Capitol Police agrees with the Inspector General that the Department must continue to improve and expand its intelligence and protective capabilities. This is vital for carrying out our critical mission," stated a press release issued by the department, "Training is a top priority. We are working diligently to address staffing shortages in order to provide officers more time for additional training."