40 U.S.C. § 5104

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 5104 - Unlawful activities

(a) DEFINITIONS.-In this section-

(1) ACT OF PHYSICAL VIOLENCE.-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) DANGEROUS WEAPON.-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) EXPLOSIVES.-The term "explosives" has the meaning given that term in section 841(d) of title 18.

(4) FIREARM.-The term "firearm" has the meaning given that term in section 921(3)¹ of title 18.

(b) OBSTRUCTION OF ROADS.-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) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.-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) INJURIES TO PROPERTY.-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) CAPITOL GROUNDS AND BUILDINGS SECURITY.-

(1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY DEVICES.-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) VIOLENT ENTRY AND DISORDERLY CONDUCT.-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) EXEMPTION OF GOVERNMENT OFFICIALS.-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) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.-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.

¹So in original. Probably should be "921(a)(3)".

40 U.S.C. § 5104

Pub. L. 107-217, 116 Stat. 1176; Pub. L. 110-161, div. H, title I, §1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110-178, §4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111-145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.

HISTORICAL AND REVISION NOTE
Revised Section	Source (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 sections 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 sections 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 TEXTThe 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.

AMENDMENTS2010-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 AMENDMENT Repeal 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 AMENDMENT Amendment 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 AMENDMENT Amendment 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.