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CITE

    40 USC Sec. 5104                                            01/05/2009

EXPCITE

    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART B - UNITED STATES CAPITOL
    CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

HEAD

    Sec. 5104. Unlawful activities

STATUTE

      (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 either
        House of Congress or a Member, committee, officer, or employee
        of Congress or either House 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.

SOURCE

    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176; Pub. L. 110-161,
    div. H, title I, Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat.
    2234; Pub. L. 110-178, Sec. 4(b)(1)(C), Jan. 7, 2008, 121 Stat.
    2552.)