HR-10396-119
Referred to the House Committee on Transportation and Infrastructure.
Sponsored by Eleanor Norton (D-DC)
What it does
This bill would prohibit federal funds from being used to install new permanent fencing around the Capitol Buildings or the Capitol Grounds. It would still allow repair or replacement of fencing that already existed on the date of enactment, and it does not restrict temporary fencing.
Who benefits
Visitors, tourists, and the general public seeking open physical access to the Capitol complex; advocacy groups and civic organizations that value visible, unobstructed public buildings; and those who view permanent fencing as symbolically at odds with open democratic institutions.
Who is hurt
The Capitol Police and other security agencies responsible for protecting the Capitol complex, who would lose one option for permanent physical security infrastructure; lawmakers, staff, and Capitol employees who might otherwise benefit from a permanent security barrier; and potentially the public in a future security emergency if officials conclude permanent fencing was the most effective response.
Supporters argue
Supporters argue that permanent fencing around the Capitol sends a troubling message about the accessibility of the seat of American democracy, turning a public building into a fortress and permanently restricting citizens' ability to visit and observe their government. They contend that after temporary fencing was removed following the 2021 Capitol security response, Congress should codify a preference for openness and rely on staffing, technology, and temporary measures rather than permanent barriers, citing the decades-long tradition of an open, walkable Capitol Grounds.
Opponents argue
Opponents argue that Congress should not tie the hands of security professionals who are best positioned to judge what protective infrastructure is needed, especially given documented threats against the Capitol complex in recent years. They contend that permanently foreclosing one security option removes flexibility that the Capitol Police and Architect of the Capitol may need to respond to evolving threats, and that decisions about physical security should be based on current risk assessments rather than a blanket statutory prohibition.
Constitutional context
Congress has authority under Article I, Section 8's Necessary and Proper Clause and its inherent authority over the Capitol Grounds under the Seat of Government Clause to determine how the buildings and grounds it controls are physically maintained and secured; this bill raises no substantial constitutional question beyond that administrative authority.
Checks and balances
Congress, through its control over appropriations and its own facilities, restricts the discretion of the Architect of the Capitol and Capitol Police (both under congressional and executive-adjacent oversight) to install permanent security fencing, with no judicial or executive check contemplated beyond normal budget enforcement.
Historical precedent
Temporary security fencing was erected around the Capitol after the January 6, 2021 events and later removed amid public and congressional debate over restoring open access, prompting prior legislative proposals to limit permanent fencing.