There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.
(R.S. § 1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Pub. L. 96–152, § 1(a), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 108–7, div. H, title I, § 1018(h)(1), Feb. 20, 2003, 117 Stat. 368; Pub. L. 111–145, § 6(e)(1)–(3), Mar. 4, 2010, 124 Stat. 54, 55.)
Editorial Notes
Codification
Section was classified to section 206 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.
Section was a composite of provisions of R.S. § 1821, act Apr. 28, 1902, and act June 28, 1943, cited in the credits. Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by Pub. L. 111–145, § 6(e)(1).
R.S. § 1821 derived from acts Mar. 2, 1867, ch. 167, § 2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488.
Amendments2010—Pub. L. 111–145, § 6(e)(3), amended first sentence of R.S. § 1821 by striking “, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension” after “There shall be a Capitol police”.
Pub. L. 111–145, § 6(e)(2), repealed Pub. L. 108–7, § 1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section. See 2003 Amendment note below.
Pub. L. 111–145, § 6(e)(1), struck out “The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives.” after “from year to year.”
2003—Pub. L. 108–7, § 1018(h)(1), which struck out last sentence which read “The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.”, was repealed by Pub. L. 111–145, § 6(e)(2).
1979—Pub. L. 96–152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111–145, § 6(d), Mar. 4, 2010, 124 Stat. 54, provided that:
“(1) Repeal of duplicate provisions.—Effective as if included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such Act [enacting sections 141b and 143c of this title, amending sections 167i, 167j, 182b, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, repealing sections 167 to 167h of this title, enacting provisions set out as notes under this section and sections 167 and 182b of this title, and repealing provisions set out as notes under this section] is repealed, and any provision of law amended or repealed by such section is restored or revived to read as if such section had not been enacted into law.
“(2) No effect on other act.—Nothing in paragraph (1) may be construed to prevent the enactment or implementation of any provision of the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007 (Public Law 110–178) [see Tables for classification], including any provision of such Act that amends or repeals a provision of law which is restored or revived pursuant to paragraph (1).”
Pub. L. 111–145, § 6(e)(4), Mar. 4, 2010, 124 Stat. 55, provided that: “The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003 [Pub. L. 108–7, div. H].”
Effective Date of 2003 AmendmentAmendment by Pub. L. 108–7 effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see section 1907(i) of this title.
Effective Date of 1979 AmendmentPub. L. 96–152, § 7, Dec. 20, 1979, 93 Stat. 1100, provided that: “This Act [enacting section 1902 of this title and amending this section] shall take effect on the first day of the second month after the month in which this Act is enacted [Dec. 1979].”
Short Title of 2021 AmendmentPub. L. 117–77, § 1, Dec. 22, 2021, 135 Stat. 1522, provided that: “This Act [enacting section 1901b of this title, amending sections 1970 and 1974 of this title, and enacting provisions set out as a note under section 1970 of this title] may be cited as the ‘Capitol Police Emergency Assistance Act of 2021’.”
Short Title of 2017 AmendmentPub. L. 115–45, § 1, Aug. 4, 2017, 131 Stat. 956, provided that: “This Act [amending sections 1951, 1952, and 1954 of this title] may be cited as the ‘Wounded Officers Recovery Act of 2017’.”
Short Title of 2010 AmendmentPub. L. 111–145, § 1, Mar. 4, 2010, 124 Stat. 49, provided that: “This Act [see Tables for classification] may be cited as the ‘United States Capitol Police Administrative Technical Corrections Act of 2009’.”
Short Title of 2008 AmendmentPub. L. 110–178, § 1, Jan. 7, 2008, 121 Stat. 2546, provided that: “This Act [enacting sections 141b and 143c of this title, amending sections 167i, 167j, 182b, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, repealing sections 167 to 167h of this title, enacting provisions set out as notes under this section and sections 167 and 182b of this title, and repealing provisions set out as notes under this section] may be cited as the ‘U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007’.”
Short Title of 2007 AmendmentPub. L. 110–161, div. H, title I, § 1004(a), Dec. 26, 2007, 121 Stat. 2227, which provided that section 1004 of Pub. L. 110–161 could be cited as the “U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007”, was repealed by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54. For identical short title, see above.
Designation of Capitol Police Wellness ProgramPub. L. 117–31, title III, § 301, July 30, 2021, 135 Stat. 313, provided that:
“(a) Application of Law.—The wellness program of the United States Capitol Police shall be known and designated as the ‘Howard C. Liebengood Center for Wellness’.
“(b) Effective Date.—This section shall apply with respect to fiscal year 2021 and each succeeding fiscal year.”
Capitol Police BoardPub. L. 108–7, div. H, title I, § 1014, Feb. 20, 2003, 117 Stat. 361, which related to composition, mission, and other aspects of the Capitol Police Board, was transferred to section 1901a of this title.
Transfer of Library of Congress Police to Capitol PolicePub. L. 110–178, §§ 2, 3, 8, Jan. 7, 2008, 121 Stat. 2546, 2549, 2554, provided that:
Similar provisions were contained in Pub. L. 110–161, div. H, title I, § 1004(b), (c), (h), Dec. 26, 2007, 121 Stat. 2227, 2231, 2236, prior to repeal by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Pub. L. 108–83, title I, § 1006, Sept. 30, 2003, 117 Stat. 1023, as amended by Pub. L. 108–447, div. G, title I, § 1002, Dec. 8, 2004, 118 Stat. 3179; Pub. L. 109–55, title I, § 1006(a), Aug. 2, 2005, 119 Stat. 576, related to the effective and efficient transfer of Library of Congress Police to Capitol Police under section 1015 of Pub. L. 108–7, prior to repeal by Pub. L. 110–161, div. H, title I, § 1004(g), Dec. 26, 2007, 121 Stat. 2236, and Pub. L. 110–178, § 7, Jan. 7, 2008, 121 Stat. 2554, effective Oct. 1, 2009. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Pub. L. 108–7, div. H, title I, § 1015, Feb. 20, 2003, 117 Stat. 362, related to the transfer of Library of Congress Police to the United States Capitol Police, prior to repeal by Pub. L. 110–161, div. H, title I, § 1004(g), Dec. 26, 2007, 121 Stat. 2236, and Pub. L. 110–178, § 7, Jan. 7, 2008, 121 Stat. 2554, effective Oct. 1, 2009. Pub. L. 110–161, § 1004, was repealed by Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.
Long Term Strategic PlanPub. L. 108–7, div. H, title I, § 1019, Feb. 20, 2003, 117 Stat. 369, provided that:
“(a) Long Term Strategic Plan.—“(1) In general.—The Chief of the United States Capitol Police, in consultation with the Comptroller General, shall develop a long term strategic plan which outlines the goals and objectives of the Capitol Police.
“(2) Annual update.—During the period in which the strategic plan developed under this subsection is in effect, the Chief shall annually update the plan.
“(3) Period covered by plan.—The strategic plan under this subsection shall cover the first 5 fiscal years which begin after the plan is developed.
“(b) Annual Performance Plan.—“(1) In general.—With respect to each year which is covered by the strategic plan developed under subsection (a), the Chief of the Capitol Police, in consultation with the Comptroller General, shall develop an annual performance plan for implementing the goals and objectives of the strategic plan during the year.
“(2) Contents.—The annual performance plan developed under this subsection for a year shall include performance goals for each of the goals and objectives of the strategic plan which apply during the year, and shall include (to the extent practicable) quantifiable performance measures for determining the success of the Capitol Police in meeting each such performance goal.
“(3) Evaluation by comptroller general.—The Comptroller General shall annually evaluate the implementation of the plan and the extent to which the Capitol Police have met the performance goals of the plan, and shall provide the results of the evaluation to the Capitol Police Board, the Committees on Appropriations of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate.
“(c) Initial Action Plan.—Not later than 180 days after the date of the enactment of this Act [Feb. 20, 2003], the Chief of the Capitol Police shall develop an initial action plan describing the policies, procedures, and actions the Chief will carry out to meet the requirements of this section and setting forth a timetable for carrying out each such policy, procedure, and action, and shall submit such plan (upon the approval of the Capitol Police Board) to the Committees on Appropriations of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate.”
Compensation of Assistant Chief of Capitol PolicePub. L. 107–117, div. B, § 907(b), Jan. 10, 2002, 115 Stat. 2319, as amended by Pub. L. 108–7, div. H, title I, § 1013(b), Feb. 20, 2003, 117 Stat. 361, provided that: “The annual rate of pay for the Assistant Chief of the Capitol Police shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.”
Selection of PrivatesSimilar provisions as to the selection of privates were contained in the following acts:
June 8, 1942, ch. 396, 56 Stat. 340.
July 1, 1941, ch. 268, 55 Stat. 456.
June 18, 1940, ch. 396, 54 Stat. 471.
June 16, 1939, ch. 208, 53 Stat. 831.
May 17, 1938, ch. 236, 52 Stat. 389.
May 18, 1937, ch. 223, 50 Stat. 178.
Apr. 17, 1936, ch. 233, 49 Stat. 1223.
July 8, 1935, ch. 374, 49 Stat. 468.
May 30, 1934, ch. 372, 48 Stat. 826.
Feb. 28, 1933, ch. 134, 47 Stat. 1359.
June 30, 1932, ch. 314, 47 Stat. 390.
Feb. 20, 1931, ch. 234, 46 Stat. 1182.
June 6, 1930, ch. 407, 46 Stat. 512.
Feb. 28, 1929, ch. 367, 45 Stat. 1394.
May 14, 1928, ch. 551, 45 Stat. 524.
Feb. 23, 1927, ch. 168, 44 Stat. 1154.
May 13, 1926, ch. 294, 44 Stat. 545.
Mar. 4, 1925, ch. 549, 43 Stat. 1294.
June 7, 1924, ch. 303, 43 Stat. 586.
Feb. 20, 1923, ch. 98, 42 Stat. 1272.
Mar. 20, 1922, ch. 103, 42 Stat. 429.
Capitol Police Civilian Support Positions With Respect to the House of RepresentativesHouse Resolution No. 199, One Hundred Second Congress, Aug. 1, 1991, made permanent law Pub. L. 102–392, title I, § 102, Oct. 6, 1992, 106 Stat. 1710, and amended by Pub. L. 104–186, title II, § 221(9)(B), Aug. 20, 1996, 110 Stat. 1749, authorized Committee on House Oversight [now Committee on House Administration] of the House of Representatives to establish 114 civilian support positions for the Capitol Police, provided for functions, compensation, and classification of positions, provided procedures for appointments to positions and that as each position was filled there would be abolished one position of private on Capitol Police, provided that positions would be filled by individuals in Capitol Police positions so abolished, that all positions would be filled by the end of the One Hundred Second Congress, and that at least 50 of such positions would be filled not later than the end of the first session of such Congress, and authorized Committee on House Oversight [now Committee on House Administration] to prescribe regulations to carry out this provision.
Director of Employment Practices Under Capitol Police BoardHouse Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law Pub. L. 101–520, title I, § 105, Nov. 5, 1990, 104 Stat. 2262, and amended by Pub. L. 104–186, title II, § 221(9)(C), Aug. 20, 1996, 110 Stat. 1749, established the position of Director of Employment Practices with respect to members of the Capitol Police, at the appropriate rate of pay under level HS–11 of the House Employees Schedule, with payment from amounts appropriated for the Capitol Police, such appointment to be made by the Capitol Police Board, subject to prior approval of the Committee on House Oversight [now Committee on House Administration], without regard to political affiliation and solely on basis of fitness to perform functions of the position.
General Counsel to Chief of Capitol PoliceHouse Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Pub. L. 95–391, title I, § 111, Sept. 30, 1978, 92 Stat. 777, and amended by Pub. L. 104–186, title II, § 221(9)(A), Aug. 20, 1996, 110 Stat. 1749, which established the position of General Counsel to the Chief of the Capitol Police, the appropriate rate of compensation, and method of appointment, was repealed by Pub. L. 111–145, § 3(a)(4), Mar. 4, 2010, 124 Stat. 52.