§1966 — Title 2 The Congress | U.S. Code

Summary

The Capitol Police can protect members of Congress, congressional officers, and their immediate family members anywhere in the United States when the Capitol Police Board says protection is needed. The Board can assign officers for each case under rules it creates. While on these duties, Capitol Police may arrest without a warrant for a federal crime they see happen, or for a felony if they have reasonable grounds to think the person committed or is committing it. They may also use Capitol Police equipment and property. Anyone who knowingly interferes with an officer doing these protective duties can be fined up to $300, jailed up to one year, or both. These powers do not replace the roles of other federal agencies or the Metropolitan Police of the District of Columbia. "United States" here means the States, the District of Columbia, and U.S. territories and possessions.

Title 2, §1966

The Congress — Source: USLM XML via OLRC

(a)Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized 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 immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary.

(b)In carrying out its authority under this section, 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 necessary under this section.

(c)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)Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol 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)Nothing contained in this section shall be construed 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 Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member.

(f)As used in this section, the term “United States” means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States.

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.

§1966 Protection of Members of Congress, officers of Congress, and members of their families

Summary

Title 2, §1966

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata