§ 1967. Law enforcement authority

Statutory text

Scope

Subject to such regulations as may be prescribed by the Capitol Police Board and approved by the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, 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—

within the District of Columbia, with respect to any crime of violence committed within the United States Capitol Grounds;

within the District of Columbia, with respect 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;

within the District of Columbia, to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties when the authority is exercised;

within the area described under subsection (b)(1); and

within the area described under subsection (b)(2)—

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

to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties, as defined under such regulations, when the authority is exercised.

Area

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 Avenue 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.

The area referred to under subsection (a)(5) is that area bounded by the north curb of Constitution Avenue from 14th Street, N.W., to 3rd Street, N.W., the east curb of 3rd Street from Constitution Avenue, N.W., to Independence Avenue, S.W., the south curb of Independence Avenue from 3rd Street, S.W., to 14th Street, S.W., and the west curb of 14th Street from Independence Avenue, S.W., to Constitution Avenue, N.W.

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).

“Crime of violence” defined

As used in this section, the term “crime of violence” has the meaning given that term in section 16 of title 18.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1946
Pub. L. 102–397 title I § 101 · 106 Stat. 1949
Enacted · 2 U.S.C. § 1967
July 31, 1946, ch. 707, § 9B, as added Pub. L. 102–397, title I, § 101, Oct. 6, 1992, 106 Stat. 1949
Source evidence
Code source credit
July 31, 1946, ch. 707, § 9B, as added Pub. L. 102–397, title I, § 101, Oct. 6, 1992, 106 Stat. 1949
Enacted provision · exact public law section
SEC. 101. LAW ENFORCEMENT AUTHORITY OF THE CAPITOL POLICE. The Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (40 U.S.C. 212a) is amended by inserting after section 9A the following new section: “Sec. 9B. (a) Subject to such regulations as may be prescribed 40 USC 212a–3. by the Capitol Police Board and approved by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, 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 respect to any crime of violence committed within the United States Capitol Grounds; “(2) within the District of Columbia, with respect 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 prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties when the authority is exercised; and “(4) within the area described in subsection (b). “(b) 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 Avenue 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. “(c) 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) As used in this section, the term ‘crime of violence’ has the meaning given that term in section 16 of title 18, United States Code.“.
1996
House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 title II § 221(13) · 110 Stat. 1718
Substituted · 2 U.S.C. § 1967(a)
Pub. L. 104–186 substituted “House Oversight” for “House Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Enacted provision · exact public law section
(13) Section 9B(a) of the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (40 U.S.C. 212a–3(a)) is amended by striking out “House Administration” and inserting in lieu thereof “House Oversight”.
2003
Pub. L. 108–83 § 1003(a)(1)(A) · 117 Stat. 1007
Struck · 2 U.S.C. § 1967(a)(3)
Pub. L. 108–83, § 1003(a)(1)(A), struck out “and” after the semicolon
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–83, § 1003(a)(1)(A), struck out “and” after the semicolon.
Enacted provision · exact public law section
(A) in paragraph (3), by striking “and” after the semicolon;
Effective date note
Pub. L. 108–83, title I, § 1003(c), Sept. 30, 2003, 117 Stat. 1022, provided that: “This section [amending this section 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 prescribed by the Capitol Police Board for the sole implementation, execution and maintenance of the truck interdiction program.” [Regulations approved by Committee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administration of the House of Representatives on Dec. 18, 2003.]
2003
Pub. L. 108–83 § 1003(a)(1)(B) · 117 Stat. 1007
Substituted · 2 U.S.C. § 1967(a)(4)
Pub. L. 108–83, § 1003(a)(1)(B), which directed the substitution of “under subsection (b)(1); and” for “in subsection (b) of this section.” was executed by making the substitution for language which read in the original “in subsection (b).”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 108–83, § 1003(a)(1)(B), which directed the substitution of “under subsection (b)(1); and” for “in subsection (b) of this section.” was executed by making the substitution for language which read in the original “in subsection (b).”, to reflect the probable intent of Congress.
Enacted provision · exact public law section
(B) in paragraph (4), by striking “in subsection (b) of this section.” and inserting “under subsection (b)(1); and”; and
Effective date note
Pub. L. 108–83, title I, § 1003(c), Sept. 30, 2003, 117 Stat. 1022, provided that: “This section [amending this section 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 prescribed by the Capitol Police Board for the sole implementation, execution and maintenance of the truck interdiction program.” [Regulations approved by Committee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administration of the House of Representatives on Dec. 18, 2003.]
2003
Pub. L. 108–83 § 1003(a)(1)(C) · 117 Stat. 1007
Added · 2 U.S.C. § 1967(a)(5)
Pub. L. 108–83, § 1003(a)(1)(C), added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 108–83, § 1003(a)(1)(C), added par. (5).
Enacted provision · exact public law section
(C) by adding at the end the following: “(5) within the area described under subsection (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 injury to person or property, if the officer is in the performance of official duties, as defined under such regulations, when the authority is exercised.” ; and
Effective date note
Pub. L. 108–83, title I, § 1003(c), Sept. 30, 2003, 117 Stat. 1022, provided that: “This section [amending this section 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 prescribed by the Capitol Police Board for the sole implementation, execution and maintenance of the truck interdiction program.” [Regulations approved by Committee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administration of the House of Representatives on Dec. 18, 2003.]
2003
Pub. L. 108–83 § 1003(a)(2) · 117 Stat. 1007
1. Amended · 2 U.S.C. § 1967(b)
  Pub. L. 108–83, § 1003(a)(2), designated existing provisions as par. (1)
2. Added · 2 U.S.C. § 1967(b)
  Pub. L. 108–83, § 1003(a)(2), added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–83, § 1003(a)(2), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(2) in subsection (b)— (A) by inserting “(1)” after “(b)”; and (B) by adding at the end the following: “(2) The area referred to under subsection (a)(5) is that area bounded by the north curb of Constitution Avenue from 14th Street, N.W., to 3rd Street, N.W., the east curb of 3rd Street from Constitution Avenue, N.W., to Independence Avenue, S.W., the south curb of Independence Avenue from 3rd Street, S.W., to 14th Street, S.W., and the west curb of 14th Street from Independence Avenue, S.W., to Constitution Avenue, N.W.” .
Effective date note
Pub. L. 108–83, title I, § 1003(c), Sept. 30, 2003, 117 Stat. 1022, provided that: “This section [amending this section 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 prescribed by the Capitol Police Board for the sole implementation, execution and maintenance of the truck interdiction program.” [Regulations approved by Committee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administration of the House of Representatives on Dec. 18, 2003.]

7 of 7 references resolved to an enrolled provision

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.

Amendments1996–2003 · 2 rounds

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 directed the substitution of “under subsection (b)(1); and” for “in subsection (b) of this section.” was executed 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 existing 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 Representatives changed to Committee on House Administration of House of Representatives by House Resolution 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 section 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 prescribed by the Capitol Police Board for the sole implementation, execution and maintenance of the truck interdiction program.” [Regulations approved by Committee on Rules and Administration of the Senate on Jan. 5, 2004, and by Committee on House Administration 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 construed to limit the authority of the Capitol Police as in effect before the effective date of this section [see Effective Date of 2003 Amendment note set out above].”

Credits

1946–2003 · 3 acts

1946July 31, 1946, ch. 707, § 9B, as added Pub. L. 102–397, title I, § 101, Oct. 6, 1992, 106 Stat. 1949
1996amended Pub. L. 104–186, title II, § 221(13), Aug. 20, 1996, 110 Stat. 1750
2003Pub. L. 108–83, title I, § 1003(a), Sept. 30, 2003, 117 Stat. 1021.

Show as published

(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.)