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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§5106 Suspension of prohibitions

Title 40 › Subtitle SUBTITLE II— - PUBLIC BUILDINGS AND WORKS › Part PART B— - UNITED STATES CAPITOL › Chapter CHAPTER 51— - UNITED STATES CAPITOL BUILDINGS AND GROUNDS › § 5106

Last updated Apr 6, 2026|Official source

Summary

The President of the Senate and the Speaker of the House can temporarily lift the rules in sections 5103 and 5104 so the Capitol Grounds roads and walks can be used for parades, gatherings, decorations, music, speeches, and ceremonies. They must name responsible officers and agree that proper plans are in place to keep order and protect the Capitol. If one officer is away, the power goes to the other. If both are away, the power goes to the Capitol Police Board. The Board can also let the Mayor of the District of Columbia allow use of Louisiana Avenue even though section 5104(f) normally prohibits it.

Full Legal Text

Title 40, §5106

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

(a)To allow the observance in the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives concurrently may suspend any of the prohibitions contained in section 5103 and 5104 of this title that would prevent the use of the roads and walks within the Grounds by processions or assemblages, and the use in the Grounds of suitable decorations, music, addresses, and ceremonies, if responsible officers have been appointed and the President and the Speaker determine that adequate arrangements have been made to maintain suitable order and decorum in the proceedings and to guard the United States Capitol and its grounds from injury.
(b)If either the President or Speaker is absent from the District of Columbia, the authority to suspend devolves on the other officer. If both officers are absent, the authority devolves on the Capitol Police Board.
(c)Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol Police Board may grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 5104(f).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5106(a)40:193j.July 31, 1946, ch. 707, §§ 11, 12, 60 Stat. 719. 5106(b)40:193k (words before proviso). 5106(c)40:193k (proviso). In subsection (b), the words “District of Columbia” are substituted for “Washington” for clarity and consistency. In subsection (c), the words “Mayor of the District of Columbia” are substituted for “Commissioners of the District of Columbia” [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to “Commissioner of the District of Columbia” because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).

Reference

Citations & Metadata

Citation

40 U.S.C. § 5106

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73