§5104 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The law bans many actions on the United States Capitol Grounds and inside the Capitol Buildings. It defines four key words: act of physical violence (hurting or threatening people, or damaging property), dangerous weapon (items listed in a 1932 law and things that throw projectiles, daggers, dirks, stilettos, or knives with blades over three inches), explosives (as defined in 18 U.S.C. 841(d)), and firearm (as defined in 18 U.S.C. 921(3)). You must not block or misuse the roads on the Capitol Grounds, or use the roads south of Constitution Avenue and north of Independence Avenue to carry goods except to or from the Capitol on federal duty. Selling items, putting up signs, or asking for money is not allowed on the Grounds. Do not climb on or damage statues, seats, walls, fountains, plants, or turf. Unless allowed by Capitol Police Board rules, you cannot bring, use, fire, ignite, or move firearms, dangerous weapons, explosives, or incendiary devices there. You also must not forcefully enter or stay on the House floors, enter restricted areas or galleries without permission, disrupt official business, use loud threatening language to stop proceedings, block passage, commit violence, or parade, demonstrate, or picket inside the buildings. Members of Congress and their authorized staff or officers performing official duties are allowed to act as needed. Except as provided in section 5106, you may not hold processions or display flags or banners promoting a party or movement on the Grounds.

Title 40, §5104

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this section—

(1)The term “act of physical violence” means any act involving—

(A)an assault or other infliction or threat of infliction of death or bodily harm on an individual; or

(B)damage to, or destruction of, real or personal property.

(2)The term “dangerous weapon” includes—

(A)all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654); and

(B)a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length.

(3)The term “explosives” has the meaning given that term in section 841(d) of title 18.

(4)The term “firearm” has the meaning given that term in section 921(3) 11 So in original. Probably should be “921(a)(3)”. of title 18.

(b)A person may not occupy the roads in the United States Capitol Grounds in a manner that obstructs or hinders their proper use, or use the roads in the area of the Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, to convey goods or merchandise, except to or from the United States Capitol on Federal Government service.

(c)A person may not carry out any of the following activities in the Grounds:

(1)offer or expose any article for sale.

(2)display a sign, placard, or other form of advertisement.

(3)solicit fares, alms, subscriptions, or contributions.

(d)A person may not step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

(e)(1)An individual or group of individuals—

(A)except as authorized by regulations prescribed by the Capitol Police Board—

(i)may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;

(ii)may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or

(iii)may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or

(B)may not knowingly, with force and violence, enter or remain on the floor of either House of Congress.

(2)An individual or group of individuals may not willfully and knowingly—

(A)enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor, in the Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House;

(B)enter or remain in the gallery of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House;

(C)with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of—

(i)either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or

(ii)the Library of Congress;

(D)utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress;

(E)obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings;

(F)engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or

(G)parade, demonstrate, or picket in any of the Capitol Buildings.

(3)This subsection does not prohibit any act performed in the lawful discharge of official duties by—

(A)a Member of Congress;

(B)an employee of a Member of Congress;

(C)an officer or employee of Congress or a committee of Congress; or

(D)an officer or employee of either House of Congress or a committee of that House.

(f)Except as provided in section 5106 of this title, a person may not—

(1)parade, stand, or move in processions or assemblages in the Grounds; or

(2)display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5104(a)40:193m(2)–(5).July 31, 1946, ch. 707, § 16(a)(2)–(5), 60 Stat. 721; Pub. L. 90–108, § 1(d) , Oct. 20, 1967, 81 Stat. 277. 5104(b)40:193c.July 31, 1946, ch. 707, §§ 3–5, 7, 60 Stat. 718, 719. 5104(c)40:193d. 5104(d)40:193e. 5104(e)40:193f.July 31, 1946, ch. 707, § 6, 60 Stat. 718; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, § 1(b), Oct. 20, 1967, 81 Stat. 276. 5104(f)40:193g. In subsection (a)(3), the words “section 841(d) of title 18” are substituted for “section 121(1) of title 50” because of the enactment of 18:ch. 39 and the repeal of the provisions classified to 50:121(1) by section 1102 and 1106(a) of the Organized Crime Control Act of 1970 (Public Law 91–452, 84 Stat. 952, 960). The plural form “explosives” is used because that is the term defined in 18:841(d). In subsection (a)(4), the words “section 921(3) of title 18” are substituted for “section 901(3) of title 15” because of the enactment of 18:ch. 44 and the repeal of the provisions classified to 15:901(3) by section 902 and 906 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351, 82 Stat. 226, 234). In subsection (e)(1)(A), the plural “explosives” is used for consistency with the term defined in subsection (a)(3). In subclause (iii), the words “by any means” are omitted as unnecessary. In subsection (e)(2)(A), the words “unless authorized to do so pursuant to rules adopted, or authorization given, by that House” are substituted for “unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room” to eliminate unnecessary words.

Editorial Notes

References in Text

The Act of

July 8, 1932, referred to in subsec. (a)(2)(A), is act

July 8, 1932, ch. 465, 47 Stat. 650, which is not classified to the Code.

Amendments

2010—Subsec. (e)(2)(C). Pub. L. 111–145 repealed Pub. L. 110–161, § 1004(d)(2)(A)(iii). See 2007 Amendment note below. 2008—Subsec. (e)(2)(C). Pub. L. 110–178 added subpar. (C) and struck out former subpar. (C) which read as follows: “with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of either House of Congress or a Member, committee, officer, or employee of Congress or either House of Congress;”. 2007—Subsec. (e)(2)(C). Pub. L. 110–161, § 1004(d)(2)(A)(iii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See

Effective Date

of 2010 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentRepeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an

Effective Date

of Repeal note under section 167 of Title 2, The Congress.

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an

Effective Date

of Repeal note under section 167 of Title 2, The Congress.

§5104 Unlawful activities

Summary

Title 40, §5104

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

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Statutory Notes and Related Subsidiaries

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Citations & Metadata