2 U.S.C. § 1979

Release of security information

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(a) DefinitionIn this section, the term “security information” means information that—(1) is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency preparedness and response relating to Congress, any statutory protectee of the Capitol Police, and the Capitol buildings and grounds; and(2) is obtained by, on behalf of, or concerning the Capitol Police Board, the Capitol Police, or any incident command relating to emergency response.(b) Authority of Board to determine conditions of release

Notwithstanding any other provision of law, any security information in the possession of the Capitol Police may be released by the Capitol Police to another entity, including an individual, only if the Capitol Police Board determines in consultation with other appropriate law enforcement officials, experts in security preparedness, and appropriate committees of Congress, that the release of the security information will not compromise the security and safety of the Capitol buildings and grounds or any individual whose protection and safety is under the jurisdiction of the Capitol Police.

Nothing in this section may be construed to affect the ability of the Senate and the House of Representatives (including any Member, officer, or committee of either House of Congress) to obtain information from the Capitol Police regarding the operations and activities of the Capitol Police that affect the Senate and House of Representatives.

(d) Regulations

The Capitol Police Board may promulgate regulations to carry out this section, with the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives.

(e) Effective dateThis section shall take effect on December 8, 2004, and apply with respect to—(1) any remaining portion of fiscal year 2004, if this Act is enacted before October 1, 2004; and(2) fiscal year 2005 and each fiscal year thereafter.(Pub. L. 108–447, div. G, title I, § 1009, Dec. 8, 2004, 118 Stat. 3182.)Editorial NotesReferences in Text

This Act, referred to in subsec. (e)(1), is div. G of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3166, known as the Legislative Branch Appropriations Act, 2005, which was enacted Dec. 8, 2004.

Codification

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

Notes of Decisions

Cited in 7 cases (7 in the last 5 years), 2021–2026 · leading case: Jason Leopold v. J. Thomas Manger, 102 F.4th 491 (D.C. Cir. 2024).

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Jason Leopold v. J. Thomas Manger, 102 F.4th 491 (D.C. Cir. 2024). · cites it 8× “That is because, the Capitol Police argues, 2 U.S.C. § 1979 governs; and it prevents the “release[]” of “any security information” absent certain determinations made by the Capitol Police Board.”

Leopold v. Manger (D.D.C. 2026). · cites it 13× “Specifically, under 2 U.S.C. § 1979 , “security information”—defined as information held by USCP that “is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency preparedness and response relating to Congress,…”

Leopold v. Pittman (D.D.C. 2022). · cites it 10× “Furthermore, 65 of the 101 written directives have been designated by a USCP document review team as “security information,” as defined in 2 U.S.C. § 1979 (a), meaning that their disclosure is statutorily prohibited absent authorization from the U.”

United States v. Stevens (D.D.C. 2021). · cites it 3× “Materials designated as “security information” pursuant 2 U.S.C. § 1979 ; and j. Tax returns or tax information.”

United States v. Rosa (D.D.C. 2021). “Materials designated as “security information” pursuant 2 U.S.C. § 1979 ; and j. Tax returns or tax information.”

Mahoney v. United States Capitol Police Bd. (D.D.C. 2022). “” 2 U.S.C. § 1979 (b). At any rate, Mahoney offers no compelling reason to conclude that the Board’s not disclosing why certain parts of the Capitol Grounds are open or closed at a given time renders the Traffic Regulations constitutionally infirm.”

United States v. Nichols (D.D.C. 2023). “Of the footage furnished to DOJ, the Capitol Police Board designated 17 hours as “security information” pursuant to 2 U.S.C. § 1979 , because “it showed 5 evacuation routes that members of Congress, congressional staff, or official visitors used on January 6, 2021.”

— 2 U.S.C. § 1979(b) — 1 case

Leopold v. Manger (D.D.C. 2026). “Specifically, under 2 U.S.C. § 1979 , “security information”—defined as information held by USCP that “is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency preparedness and response relating to Congress,…”

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