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.
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 Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by Pub.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.
Amendments
2010—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 L. 111–145, §6(e)(2), repealed Pub. L. 108–7, §1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section.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by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.", was repealed by Pub.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 Amendment
Pub. L. 111–145, §6(d), Mar. 4, 2010, 124 Stat. 54, provided that:
"(1)
"(2)
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 Amendment
Amendment 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 Amendment
Pub. 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 Amendment
Pub. 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 Amendment
Pub. 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 Amendment
Pub. 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 Amendment
Pub. 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 Amendment
Pub. 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 Program
Pub. L. 117–31, title III, §301, July 30, 2021, 135 Stat. 313, provided that:
"(a)
"(b)
Capitol Police Board
Pub. 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 Police
Pub. L. 110–178, §§2, 3, 8, Jan. 7, 2008, 121 Stat. 2546, 2549, 2554, provided that:
"SEC. 2. TRANSFER OF PERSONNEL.
"(a)
"(1)
"(2)
"(b)
"(1)
"(A)
"(i) Based on the assumption that such employee would perform a period of continuous Federal service after the transfer date, the employee would be entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code (as determined by taking into account paragraph (3)(A)), on the date such employee becomes 60 years of age.
"(ii) During the transition period, the employee successfully completes training, as determined by the Chief of the Capitol Police.
"(iii) The employee meets the qualifications required to be a member of the Capitol Police, as determined by the Chief of the Capitol Police.
"(B)
"(C)
"(D)
"(2)
"(A) the date on which the individual is entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code; or
"(B) the date on which the individual—
"(i) is 57 years of age or older; and
"(ii) is entitled to an annuity for immediate retirement under section 8336(m) or 8412(d) of title 5, United States Code, (as determined by taking into account paragraph (3)(A)).
"(3)
"(A)
"(B)
"(i) shall be treated and computed as employee service under section 8339 or section 8415 of such title; but
"(ii) shall not be treated as service as a member of the Capitol Police or service as a congressional employee for purposes of applying any formula under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under which a percentage of the individual's average pay is multiplied by the years (or other period) of such service.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(e)
"(1)
"(2)
"(f)
"(1) terminate the employment of a member of the Capitol Police or a civilian employee of the Capitol Police; or
"(2) transfer any individual serving as a member of the Capitol Police or a civilian employee of the Capitol Police to another position with the Capitol Police.
"(g)
"(1) in the case of a Library of Congress Police employee who becomes a member of the Capitol Police, the first day of the first pay period applicable to members of the United States Capitol Police which begins after the date on which the Chief of the Capitol Police issues the written certification for the employee under subsection (b)(1);
"(2) in the case of a Library of Congress Police employee who becomes a civilian employee of the Capitol Police, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2009; or
"(3) in the case of a Library of Congress Police civilian employee, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2008.
"(h)
"SEC. 3. TRANSITION PROVISIONS.
"(a)
"(1)
"(A) the assets, liabilities, contracts, property, and records associated with the employee shall be transferred to the Capitol Police; and
"(B) the unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the employee shall be transferred to and made available under the appropriations accounts for the Capitol Police for 'Salaries' and 'General Expenses', as applicable.
"(2)
"(b)
"(1)
"(A) The individual may not initiate any procedure which is available for the consideration of the alleged violation of the covered law which is provided for employees of the Library of Congress under the covered law.
"(B) To the extent that the individual has initiated any such procedure prior to the transfer date, the procedure shall terminate and have no legal effect.
"(C) Subject to paragraph (2), the individual may initiate and participate in any procedure which is available for the resolution of grievances of officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to provide for consideration of the alleged violation. The previous sentence does not apply in the case of an alleged violation for which the individual exhausted all of the available remedies which are provided for employees of the Library of Congress under the covered law prior to the transfer date.
"(2)
"(A) the date of the alleged violation shall be the individual's transfer date;
"(B) notwithstanding the third sentence of section 402(a) of such Act (2 U.S.C. 1402(a)), the individual's request for counseling under such section shall be made not later than 60 days after the date of the alleged violation; and
"(C) the employing office of the individual at the time of the alleged violation shall be the Capitol Police Board.
"(3)
"(4)
"(c)
"(d)
"(1) the provisions of this Act; and
"(2) such modifications as may be made in accordance with the modification and dispute resolution provisions of the Memorandum of Understanding, consistent with the provisions of this Act.
"(e)
"(1) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; or
"(2) transfer any individual serving in a Library of Congress Police employee position or Library of Congress Police civilian employee position to another position at the Library of Congress.
"SEC. 8. DEFINITIONS.
"In this Act [see Short Title of 2008 Amendment note set out above]—
"(1) the term 'Act of August 4, 1950' means the Act entitled 'An Act relating to the policing of the buildings and grounds of the Library of Congress,' (2 U.S.C. 167 et seq.);
"(2) the term 'Library of Congress Police employee' means an employee of the Library of Congress designated as police under the first section of the Act of August 4, 1950 (2 U.S.C. 167);
"(3) the term 'Library of Congress Police civilian employee' means an employee of the Library of Congress Office of Security and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress Police, but shall not include an employee of the Library of Congress who performs emergency preparedness or collections control and preservation functions; and
"(4) the term 'transition period' means the period the first day of which is the date of the enactment of this Act [Jan. 7, 2008] and the final day of which is September 30, 2009."
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 Plan
Pub. L. 108–7, div. H, title I, §1019, Feb. 20, 2003, 117 Stat. 369, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(c)
Compensation of Assistant Chief of Capitol Police
Pub. 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 Privates
Similar 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 Representatives
House 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 Board
House 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 Police
House 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.