Criminal Justice & the Rule of Law

Changing US Code Section Numbers for Key Provisions in Title 50

Robert Chesney
Thursday, April 25, 2013, 1:17 PM
One of the hallmarks of a person steeped in national security law is their facility with the statutory designations in various parts of Title 50, especially the National Security Act of 1947 and the CIA Act of 1949.  Well, buckle up, because the Office of the Law Revision Counsel has undertaken one of its periodic spring cleaning projects, this time focused on those very sections.  It's not a bad idea given the messiness and crowding of the stuff in Title 50 Chapter 15--but boy is this going to require some getting-used-to.  Read on for OLRC's explanation, or just click

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One of the hallmarks of a person steeped in national security law is their facility with the statutory designations in various parts of Title 50, especially the National Security Act of 1947 and the CIA Act of 1949.  Well, buckle up, because the Office of the Law Revision Counsel has undertaken one of its periodic spring cleaning projects, this time focused on those very sections.  It's not a bad idea given the messiness and crowding of the stuff in Title 50 Chapter 15--but boy is this going to require some getting-used-to.  Read on for OLRC's explanation, or just click here for the same thing on their website (plus working links to the handy translation charts they've provided).  The changes become official May 20th...
BRIEF SUMMARY OF CHANGES
In title 50, United States Code, chapter 15 is being reorganized into four new chapters in order to set forth more clearly the provisions of the National Security Act of 1947, the Central Intelligence Agency Act of 1949, the National Security Agency Act of 1959, and certain other related statutes. No statutory text is altered by this action. The provisions are merely being transferred from one place to another in title 50, United States Code. The decision to transfer provisions in the United States Code is not undertaken lightly. After careful study, the Office of the Law Revision Counsel has concluded that certain organizational deficiencies in title 50, United States Code, must be corrected. The short-term inconvenience of adjusting to new Code citations is greatly outweighed by the benefit of making much needed long-term improvements in the organizational structure of national security law in the United States Code. For the online version of the United States Code, the reorganization will occur on May 20, 2013, after which the new Code citations should be used. For the printed version of the United States Code, the reorganization will occur effective with supplement I of the 2012 edition.
BACKGROUND AND NEED FOR CHANGE
The Office of the Law Revision Counsel is responsible for maintaining and publishing the United States Code, which is a codification of the general and permanent laws of the United States organized into titles based on subject matter. An integral part of producing the United States Code is determining where new laws should be placed, a process known as classification. Classification is a challenging task because new law must be classified not only to fit logically within existing Code categories, but also so as to allow room for future development. Over time, some areas of law outgrow their original boundaries due to the enactment of new laws and amendments. As a result, the Code becomes less organized, harder to navigate, and less reflective of the underlying structure of the statutes. One such problem area is national security law, which is classified primarily to chapter 15 of title 50, United States Code (50 U.S.C. 401 et seq.). Chapter 15 was originally created from the National Security Act of 1947. Over the years, however, chapter 15 has evolved to incorporate additional statutes related to national security. As a result of the extensive growth in this area of law, chapter 15 has become overly cluttered, and its structure has become opaque. To reduce the overcrowding and to reflect more clearly the underlying structure of the individual statutes, the material in chapter 15 is being reorganized into four new chapters. * Chapter 44, National Security (50 U.S.C. 3001 et seq.) consists primarily of the National Security Act of 1947. * Chapter 45, Miscellaneous Intelligence Community Authorities (50 U.S.C. 3301 et seq.) consists of related provisions from 16 different statutes. * Chapter 46, Central Intelligence Agency (50 U.S.C. 3501 et seq.) consists primarily of the Central Intelligence Agency Act of 1949. * Chapter 47, National Security Agency (50 U.S.C. 3601 et seq.) consists of the National Security Agency Act of 1959.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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