2 U.S.C. § 1967

Law enforcement authority

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(a) ScopeSubject 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—(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;(4) within the area described under subsection (b)(1); and(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.(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 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.(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.(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 violence” has the meaning given that term in section 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 NotesCodification

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 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 SubsidiariesChange 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].”

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2006–2024 · leading case: Bostic v. Dist. of Columbia, 906 A.2d 327 (D.C. 2006).

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Bostic v. Dist. of Columbia, 906 A.2d 327 (D.C. 2006). “2 U.S.C. § 1967 (a)(4), (b)(1). Because, according to appellant’s complaint, he was arrested by a Capitol Police Officer “at or near” the intersection of I Street, S.”

Ochs v. Dist. of Columbia (D.C. 2021). · cites it 2× “Schultz also argue that Congress has made the FAAA applicable to the Capitol Police through 2 U.S.C. § 1967 . We disagree. Section 1967 gives the Capitol Police the authority “to make arrests and otherwise enforce the laws of the United States, including the laws of the District…”

Mahoney v. United States Capitol Police Bd. (D.D.C. 2022). “See 2 U.S.C. § 1967 (a)(4). District of Columbia Code § 22- 1307(b)(1) provides, as relevant here, “It is unlawful for a person, alone or in concert with others, to engage in a demonstration in an area where it is otherwise unlawful to demonstrate and to continue or resume…”

Mahoney v. United States Capitol Police Bd. (D.D.C. 2024). “See 2 U.S.C. § 1967 (a)(4), (b)(1); Stip., ¶ 31.”

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