Title 40Public Buildings, Property, and WorksRelease 119-73not60

§5104 Unlawful Activities

Title 40 › Subtitle SUBTITLE II— PUBLIC BUILDINGS AND WORKS › Part B— UNITED STATES CAPITOL › Chapter 51— UNITED STATES CAPITOL BUILDINGS AND GROUNDS › § 5104

Last updated Apr 5, 2026|Official source

Summary

You must not block or misuse the roads and open areas on the U.S. Capitol Grounds. You cannot use the roads south of Constitution Avenue and north of Independence Avenue to move goods unless it is to or from the Capitol on federal government business. Selling things, posting signs or ads, or asking for money or donations on the Grounds is not allowed. You also may not climb on, remove, or damage any statue, seat, wall, fountain, building feature, tree, shrub, plant, or grass there. You must not bring, have ready access to, fire, use, transport, or light firearms, dangerous weapons, explosives, or incendiary devices on the Grounds or inside Capitol buildings except when rules from the Capitol Police Board allow it. You may not enter or stay on the floor of either House of Congress with force or violence. You also may not knowingly enter or remain on House floors, nearby cloakrooms or lobbies, galleries, rooms set aside for Congress or the Library of Congress, or disrupt official business with loud, threatening, or disorderly conduct. Blocking passage, using physical violence, and marching, demonstrating, or picketing inside the buildings are forbidden. Members of Congress and their staff, and officers or employees of Congress doing official duties, are allowed to act as required for their jobs. Definitions: “act of physical violence” = harm to a person or to property; “dangerous weapon” = items listed in the July 8, 1932 law plus devices that fire projectiles and certain knives over 3 inches; “explosives” and “firearm” = as defined in 18 U.S.C. §841(d) and §921(3). Finally, except as another rule allows, you may not parade, march, or display banners or flags to promote a party, group, or movement on the Grounds.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

40 U.S.C. § 5104

Title 40Public Buildings, Property, and Works

Last Updated

Apr 5, 2026

Release point: 119-73not60