2 U.S.C. § 1979: Release of security information

Summary

Capitol Police may only share security information if the Capitol Police Board decides it is safe to do so after talking with other law enforcement, security experts, and the right congressional committees. Security information means two things: (1) sensitive details about policing, protection, intelligence, counterterrorism, or emergency response for Congress, protected people, or the Capitol buildings and grounds; and (2) information the Capitol Police Board, the Capitol Police, or an incident command has gathered. The House and Senate (and their Members, officers, or committees) can still get information about Capitol Police operations that affect them. The Capitol Police Board can make rules to carry out these limits, but only with approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. These rules take effect December 8, 2004, and apply to any remaining part of fiscal year 2004 if this Act is enacted before October 1, 2004, and to fiscal year 2005 and every fiscal year after.

Title 2, §1979

The Congress, Source: USLM XML via OLRC

(a)Definition

In 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.

(c)Rule of construction

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 date

This 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.

Notes & Related Subsidiaries

Editorial Notes

References 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.

§1979 Release of Security Information

Summary

Title 2, §1979

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata