No Fencing at the United States Capitol Complex Act
- Sponsor
- Sen. Van Hollen, Chris [D-MD]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Sep 15, 2026
Bottom line
The bill aims to prevent the construction of new permanent security barriers around the U.S. Capitol complex, maintaining its open appearance while allowing for maintenance of existing fences.
What it actually does
This bill prohibits the use of any Federal funds to install new permanent fencing around the perimeter of the United States Capitol Buildings or the broader Capitol Grounds. It explicitly clarifies that the prohibition does not extend to the repair or replacement of fencing that was already in existence prior to the bill's enactment.
Proponents argue
Supporters argue that an unfenced Capitol symbolizes an open and accessible government, reflecting democratic principles and public ownership of the institution. They contend that permanent fencing creates a 'fortress' mentality, alienates the public, and detracts from the aesthetic and symbolic value of the Capitol as a public space.
Opponents contend
Opponents typically raise concerns about security, particularly in light of past incidents such as the January 6th Capitol attack. They argue that physical barriers, including permanent fencing, are a necessary component of a comprehensive security strategy to protect lawmakers, staff, and the Capitol complex from potential threats and future breaches.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its core purpose quickly.
Section 2(a)
Prohibition on New Permanent Fencing
This section explicitly states that no Federal funds can be used to install any new permanent fencing around the United States Capitol Buildings or the entire Capitol Grounds, or any part of them. This means that if new fencing is deemed necessary for security, it cannot be a permanent structure funded by the federal government.
Supporters argue
Proponents argue this provision is crucial for preserving the symbolic openness of the Capitol, ensuring it remains a public space accessible to citizens. They believe it prevents the creation of a 'fortress' that would undermine democratic ideals and alienate the public from their government.
Critics contend
Opponents contend that this provision could compromise the physical security of the Capitol complex, especially in an era of heightened threats. They argue that it removes a vital tool from security planners, potentially leaving the complex vulnerable and forcing reliance on less effective or more intrusive security measures.
Tradeoffs
This provision navigates the tension between maintaining the symbolic openness and public accessibility of the Capitol and ensuring robust physical security for the legislative branch. It prioritizes the former, potentially at the cost of limiting certain security options.
Section 2(b)
Repair and Replacement of Existing Fencing
This subsection clarifies that the bill does not prevent the repair or replacement of any fencing that was already in place around the Capitol complex before this Act becomes law. This means existing security fences can be maintained or rebuilt, but no new permanent fences can be added where none previously existed.