Intelligence Law School - Course 1: Lesson 4.4.3 Subchapters of Title 50: Chapter 15: National Security [HTML-Only]


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LESSON 4: STATUTORY LAW


4.4 Organic and Enabling Statutes (U.S. Code Title 50, Chapter 15: National Security)


4.4.3 Subchapters of Title 50: Chapter 15: National Security


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Annotated Lecture Transcript

4.4.3 Subchapters of Title 50: Chapter 15: National Security

Most of the National Security Act is codified as Chapter 15 of Title 50 of the U.S. Code.

Chapter 15 is divided into 9 subchapters—A through I:

Ø  Subchapter A: Coordination for National Security

o   This just contains the various organic statutes for different intelligence community agencies and personnel.

Ø  Subchapter B: Miscellaneous and Conforming Provisions

Ø  Subchapter C: Accountability for Intelligence Activities

Ø  Subchapter D: Protection of Certain National Security Information

Ø  Subchapter E: Protection of Operational Files

Ø  Subchapter F: Access to Classified Information

o   This has provisions relevant to security clearances.[1]

Ø  Subchapter G: Application of Sanctions Laws to Intelligence Activities

Ø  Subchapter H: Education in Support of National Intelligence; and last, but not least

Ø  Subchapter I: Additional Miscellaneous Provisions

o   Subchapter I just contains the controversial new Title XI of the National Security Act of Act, which exempts intelligence agencies from compliance with international law.[2]

o   I explain this new section in more detail in later courses dealing with international law.

 

So that’s Chapter 15. It contains many of the fundamental organic statutes and enabling acts that control the management of U.S. intelligence agencies.

 

Footnotes

[1] E.g. 50 U.S.C. § 435b(c) (“Performance of security clearance investigations. (1) Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act [enacted Dec. 17, 2004], the President shall, in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to con-duct, to the maximum extent practicable, security clearance investigations of employees and contractor personnel of the United States Government who require access to classified information and to provide and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes.”).

[2] 50 U.S.C. § 442 (a) (2010) (“No Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.”).

 


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