§206. Capitol Police; appointment; Chief of the Capitol Police

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 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. 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 .)

Codification

Section is a composite of provisions cited in the credits.

R.S. §1821 derived from acts Mar. 2, 1867, ch. 167, §2, 14 Stat. 466 ; Mar. 3, 1873, ch. 226, 17 Stat. 488 .

Amendments

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.

Effective Date of 1979 Amendment

Section 7 of Pub. L. 96–152 provided that: "This Act [enacting section 206–1 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]."

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 Positions Under the Senate

Section 116 of Pub. L. 97–51, Oct. 1, 1981, 95 Stat. 963 , which is classified to section 61f–7 of Title 2, The Congress, abolished all statutory positions in Office of the Sergeant at Arms and Doorkeeper of the Senate, and authorized the Sergeant at Arms and Doorkeeper of the Senate to establish such numbers of positions as he deems appropriate and fix the compensation of employees to fill the positions so established. Previously, Capitol Police positions under the Senate were authorized by the following acts:

Sept. 30, 1978, Pub. L. 95–391, title I, 92 Stat. 768 .

May 4, 1977, Pub. L. 95–26, title I, 91 Stat. 81 .

July 25, 1975, Pub. L. 94–59, title I, 89 Stat. 271 .

Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 425 .

Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 530 .

July 9, 1971, Pub. L. 92–51, 85 Stat. 127 .

Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 809 .

July 23, 1968, Pub. L. 90–417, 82 Stat. 399 .

July 28, 1967, Pub. L. 90–57, 81 Stat. 128 .

Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 355 .

July 31, 1958, Pub. L. 85–570, 72 Stat. 440 .

Mar. 28, 1958, Pub. L. 85–352, ch. VI, 72 Stat. 57 .

June 27, 1956, ch. 453, 70 Stat. 357 .

July 31, 1947, ch. 414, 61 Stat. 695 .

July 1, 1946, ch. 530, 60 Stat. 391 .

Capitol Police Positions Under the House of Representatives

Capitol Police positions under the House of Representatives were authorized by the following acts:

House Resolution No. 294, One Hundred First Congress, Nov. 17, 1989, made permanent law Nov. 5, 1990, Pub. L. 101–520, title I, §103, 104 Stat. 2262 .

House Resolution No. 320, Ninety-ninth Congress, Nov. 14, 1985, made permanent law by section 102 of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–287 , and section 101(j) of Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341–287 , as amended by Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425 , to be effective as if enacted into law.

House Resolution No. 343, Ninety-eighth Congress, Oct. 26, 1983, made permanent law July 17, 1984, Pub. L. 98–367, title I, §103, 98 Stat. 479 .

House Resolution No. 625, Ninety-seventh Congress, Dec. 9, 1982, made permanent law July 14, 1983, Pub. L. 98–51, title I, §110, 97 Stat. 269 .

House Resolution No. 244, Ninety-seventh Congress, Dec. 16, 1981, made permanent law by section 109 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, Oct. 2, 1982, 96 Stat. 1189 , to be effective as if enacted into law.

House Resolution No. 229, Ninety-sixth Congress, May 4, 1979, made permanent law by section 101 of H.R. 7593, as passed the House of Representatives July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, Dec. 16, 1980, 94 Stat. 3167 , to be effective as if enacted into law.

House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Sept. 30, 1978, Pub. L. 95–391, title I, §111, 92 Stat. 777 .

House Resolution No. 360, Ninety-fourth Congress, Mar. 26, 1975, made permanent law July 25, 1975, Pub. L. 94–59, title II, §201, 89 Stat. 282 .

House Resolution No. 398, Ninety-third Congress, June 4, 1973, made permanent law Jan. 3, 1974, Pub. L. 93–245, ch. VI, 87 Stat. 1079 .

House Resolution No. 449, Ninety-second Congress, June 2, 1971, made permanent law Dec. 15, 1971, Pub. L. 92–184, ch. IV, 85 Stat. 636 .

House Resolution No. 1293, Ninety-first Congress, Dec. 17, 1970, as readopted and continued with respect to the Ninety-second Congress without break in application and effect by section 1 of House Resolution No. 150, Ninety-second Congress, Jan. 25, 1971, made permanent law July 9, 1971, Pub. L. 92–51, §103, 85 Stat. 144 .

House Resolution No. 1211, Ninetieth Congress, Oct. 11, 1968, made permanent law Dec. 12, 1969, Pub. L. 91–145, §103, 83 Stat. 359 .

House Resolution No. 464, Ninetieth Congress, May 11, 1967, made permanent law July 9, 1968, Pub. L. 90–392, title I, 82 Stat. 318 .

House Resolution No. 796, Eighty-ninth Congress, June 29, 1966, made permanent law Oct. 27, 1966, Pub. L. 89–697, ch. VI, 80 Stat. 1063 .

House Resolution No. 648, Eighty-eighth Congress, June 2, 1964, made permanent law July 9, 1971, Pub. L. 92–51, §103, 85 Stat. 144 .

House Resolution No. 448, Eighty-fourth Congress, May 8, 1956, made permanent law June 27, 1956, ch. 453, §103, 70 Stat. 370 .

July 1, 1946, ch. 530, 60 Stat. 395 .

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 , established the position of General Counsel to the Chief of the Capitol Police, for duty under the House of Representatives, at a per annum gross rate of compensation which is equal to the rate in effect from time to time for HS level 10, step 1, of the House Employees Schedule, such appointment to be made by the Capitol Police Board, subject to the prior approval of the Committee on House Oversight [now Committee on House Administration], without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.

Cross References

Library of Congress special police, see section 167 of Title 2, The Congress.

Removal or suspension of Capitol police officer, see section 208 of this title.

Secret Service Uniformed Division, see section 202 et seq. of Title 3, The President.

Supreme Court Police, see section 13f of this title.