2 U.S.C. § 1967 — Law enforcement authority

Page 435 TITLE 2—THE CONGRESS § 1967 § 1966. Protection of Members of Congress, offi- cers of Congress, and members of their fami- lies (a) Authority of the Capitol Police Subject to the direction of the Capitol Police Board, the United States Capitol Police is au- thorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 4101(b) of this title, and any member of the im- mediate family of any such Member or officer, if the Capitol Police Board determines such pro- tection to be necessary. (b) Detail of police In carrying out its authority under this sec- tion, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine nec- essary under this section. (c) Arrest of suspects In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police. (d) Fines and penalties Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Cap- itol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both. (e) Construction of provisions Nothing contained in this section shall be con- strued to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metro- politan Police of the District of Columbia, in- volving the protection of any such Member, offi- cer, or family member. (f) ‘‘United States’’ defined As used in this section, the term ‘‘United States’’ means each of the several States of the United States, the District of Columbia, and ter- ritories and possessions of the United States. (July 31, 1946, ch. 707, § 9A, as added Pub. L. 97–143, § 1(a), Dec. 29, 1981, 95 Stat. 1723.) Editorial Notes CODIFICATION Section was classified to section 212a–2 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. § 1966a. Protection of former Speakers of the House of Representatives Notwithstanding any other provision of law (except section 1341 of title 31), hereafter, the United States Capitol Police shall perform a threat assessment for former Speakers of the House of Representatives, and if warranted, any such former Speaker shall receive a United States Capitol Police protective detail for a pe- riod of not more than one year beginning on the date they leave such office, except that such former Speaker shall have the option to decline such protective detail at any time: Provided, That at the conclusion of the one year period, the United States Capitol Police shall perform a threat assessment to determine whether exten- sion of the protective detail is warranted: Pro- vided further, That, the protective detail may be extended beyond the initial one year period, with the concurrence of the relevant former Speaker, if the United States Capitol Police de- termines that information or conditions, includ- ing but not limited to violent threats, warrant such protection: Provided further, That the United States Capitol Police is authorized to enter into Memoranda of Understanding with relevant state and local law enforcement agen- cies, as needed, to carry out this section. (Pub. L. 117–328, div. I, title I, § 121, Dec. 29, 2022, 136 Stat. 4926.) § 1967. Law enforcement authority (a) Scope Subject to such regulations as may be pre- scribed by the Capitol Police Board and ap- proved by the Committee on House Oversight of the House of Representatives and the Com- mittee on Rules and Administration of the Sen- ate, a member of the Capitol Police shall have authority to make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia— (1) within the District of Columbia, with re- spect to any crime of violence committed within the United States Capitol Grounds; (2) within the District of Columbia, with re- spect to any crime of violence committed in the presence of the member, if the member is in the performance of official duties when the crime is committed; (3) within the District of Columbia, to pre- vent imminent loss of life or injury to person or property, if the officer is in the perform- ance of official duties when the authority is exercised; (4) within the area described under sub- section (b)(1); and (5) within the area described under sub- section (b)(2)— (A) with respect to any crime of violence committed in the presence of the member, if the member is in the performance of official duties, as defined under such regulations, when the crime is committed; and (B) to prevent imminent loss of life or in- jury to person or property, if the officer is in the performance of official duties, as defined under such regulations, when the authority is exercised. Page 436 TITLE 2—THE CONGRESS § 1968 (b) Area (1) The area referred to in subsection (a)(4) is that area bounded by the north curb of H Street from 3rd Street, N.W. to 7th Street, N.E., the east curb of 7th Street from H Street, N.E., to M Street, S.E., the south curb of M Street from 7th Street, S.E. to 1st Street, S.E., the east curb of 1st Street from M Street, S.E. to Potomac Ave- nue S.E., the southeast curb of Potomac Avenue from 1st Street, S.E. to South Capitol Street, S.W., the west curb of South Capitol Street from Potomac Avenue, S.W. to P Street, S.W., the north curb of P Street from South Capitol Street, S.W. to 3rd Street, S.W., and the west curb of 3rd Street from P Street, S.W. to H Street, N.W. (2) The area referred to under subsection (a)(5) is that area bounded by the north curb of Con- stitution Avenue from 14th Street, N.W., to 3rd Street, N.W., the east curb of 3rd Street from Constitution Avenue, N.W., to Independence Av- enue, S.W., the south curb of Independence Ave- nue from 3rd Street, S.W., to 14th Street, S.W., and the west curb of 14th Street from Independ- ence Avenue, S.W., to Constitution Avenue, N.W. (c) Authority of Metropolitan Police unaffected This section does not affect the authority of the Metropolitan Police force of the District of Columbia with respect to the area described in subsection (b). (d) ‘‘Crime of violence’’ defined As used in this section, the term ‘‘crime of vi- olence’’ has the meaning given that term in sec- tion 16 of title 18. (July 31, 1946, ch. 707, § 9B, as added Pub. L. 102–397, title I, § 101, Oct. 6, 1992, 106 Stat. 1949; amended Pub. L. 104–186, title II, § 221(13), Aug. 20, 1996, 110 Stat. 1750; Pub. L. 108–83, title I, § 1003(a), Sept. 30, 2003, 117 Stat. 1021.) Editorial Notes CODIFICATION Section was classified to section 212a–3 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. AMENDMENTS 2003—Subsec. (a)(3). Pub. L. 108–83, § 1003(a)(1)(A), struck out ‘‘and’’ after the semicolon. Subsec. (a)(4). Pub. L. 108–83, § 1003(a)(1)(B), which di- rected the substitution of ‘‘under subsection (b)(1); and’’ for ‘‘in subsection (b) of this section.’’ was exe- cuted by making the substitution for language which read in the original ‘‘in subsection (b).’’, to reflect the probable intent of Congress. Subsec. (a)(5). Pub. L. 108–83, § 1003(a)(1)(C), added par. (5). Subsec. (b). Pub. L. 108–83, § 1003(a)(2), designated ex- isting provisions as par. (1) and added par. (2). 1996—Subsec. (a). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–83, title I, § 1003(c), Sept. 30, 2003, 117 Stat. 1022, provided that: ‘‘This section [amending this sec- tion and enacting provisions set out as a note under this section] shall take effect on the date on which the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives approve regulations pre- scribed by the Capitol Police Board for the sole imple- mentation, execution and maintenance of the truck interdiction program.’’ [Regulations approved by Com- mittee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administra- tion of the House of Representatives on Dec. 18, 2003.] RULE OF CONSTRUCTION Pub. L. 108–83, title I, § 1003(b), Sept. 30, 2003, 117 Stat. 1022, provided that: ‘‘Nothing in the amendments made by this section [amending this section] may be con- strued to limit the authority of the Capitol Police as in effect before the effective date of this section [see Ef- fective Date of 2003 Amendment note set out above].’’ § 1968. Citation release (a) In general The Chief of the Capitol Police, with the ap- proval of the Capitol Police Board, may des- ignate a member of the Capitol Police to have responsibility for citation release. (b) Authority (1) In the same manner as provided for with re- spect to an official of the Metropolitan Police Department of the District of Columbia under section 23–1110(a) of the District of Columbia Code, the Superior Court of the District of Co- lumbia shall have the authority to appoint the member of the Capitol Police designated under subsection (a) of this section to take bail or col- lateral from persons charged with offenses tri- able in the Superior Court of the District of Co- lumbia. Pursuant to that authority— (A) the citation power described in sub- section (b) of section 23–1110 of the District of Columbia Code shall be exercised by such member of the Capitol Police in the same manner as by an official of the Metropolitan Police Department; and (B) paragraph (4) of subsection (b) of section 23–1110 of the District of Columbia Code, relat- ing to failure to appear, shall apply with re- spect to citations under subparagraph (A) of this paragraph. (2) The United States District Court for the District of Columbia shall have the power to au- thorize the member of the Capitol Police re- ferred to in subsection (a) of this section to take bond from persons arrested upon writs and proc- ess from that court in criminal cases in the same manner as provided for with respect to an official of the Metropolitan Police Department of the District of Columbia under the third sen- tence of section 23–1110(a) of the District of Co- lumbia Code. (Pub. L. 104–186, title I, § 108, Aug. 20, 1996, 110 Stat. 1723.) Editorial Notes CODIFICATION Section was classified to section 212a–5 of former Title 40, prior to the enactment of Title 40, Public