§ 1901. Establishment; officer appointments

§ 1901. Establishment; officer appointments

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 Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by Pub.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.

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 L. 111–145, § 6(e)(2), repealed Pub. L. 108–7, § 1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section.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by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.”, was repealed by Pub.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) 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 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) 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 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