National Security Law Research Guide

Introduction
Secondary Sources
Documents Collection
Constitution
Statutes & Legislative History
Courts, Military Tribunals, & Case Law
Agency Regulations & Directives
Military Regulations & Directives
Classification & Declassification
Web Sites

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National Security Law Research

I. Introduction

This guide is intended as a starting point for research in U.S. federal military and national security law. It includes both primary and secondary materials, in both print and electronic formats. It covers topics such as military justice, border security, federal emergency and war powers, intelligence law, and the USA PATRIOT and Homeland Security Acts. It does not cover veterans' law or state laws such as the state emergency powers acts. It also excludes international law. Other library research guides that might be of interest to you include

II. Secondary Sources

Overview.
Unless you are an expert in this area of law, or already have a citation to a specific document, it is probably a good idea to begin your research with a book or a journal article. Either of these two types of secondary source can provide citations to and explain how the various primary authorities fit together. Once you have citations to some primary authorities, you should complete your research by updating them (e.g., making sure the cited cases haven't been overruled, or the statutes repealed).
Treatises and Casebooks.
1. Venable LLP, Homeland Security Deskbook: Private Sector Impacts of the Defense Against Terrorism (2004) (loose-leaf; updated yearly).
2. John Norton Moore & Robert F. Turner, eds. National Security Law (2005) [KF4850 .N37 2005].
3. Charles A. Shanor & L. Lynn Hogue, National Security and Military Law in a Nutshell (3d ed. 2003) [KF7210 .S52 2003].
4. Guide to Homeland Security (2003-) [KF4850 .A29 G85 2003; KF4850 .A29 G85 2004; KF4850 .A29 G85 2005].
5. David A. Schlueter, Military Criminal Justice: Practice and Procedure (6th ed. 2004) [KF7620 .S34 2004].
6. Ron Sievert, Cases and Materials on U.S. Law and National Security (2000) [KF4651.A4 S55 2000].
Finding Other Relevant Books.
1. Try browsing the shelves around the call numbers listed for the books above.
2. Try a subject search in GULLiver for one of the following subject headings:
3. Try a keyword search using terms related to your issue or area of interest. For example, if you're interested in first responders, do a keyword search using the phrase "first responders."
Periodicals.
1. Overview. For an overview of journals and periodicals searching, including information on searching non-legal periodicals databases, see the Library's Finding Journal Articles research guide, http://www.ll.georgetown.edu/guides/articles.cfm.
2. Topic-specific databases. You should search topic-specific periodicals databases with caution, because it is likely that many general law reviews and periodicals (e.g., the Georgetown Law Journal) not included in such databases publish articles on military and national security law issues. However, searching topic-specific periodicals databases may be a good idea if you are retrieving an overwhelming number of articles in broader databases, or if you are looking for defense industry articles not available in other databases.
  1. Westlaw: HOMELAND-TP (Homeland Security and Anti-Terrorism Texts and Periodicals). Contains a limited selection of texts and periodicals related to constitutional law, criminal procedure, and immigration and border control, among other topics.
  2. Westlaw: MIL-TP Military Law Texts and Periodicals). Contains articles from the Military Law Review, Air Force Law Review, Naval Law Review, American Jurisprudence 2d and the complete text of the book Military Criminal Law Evidence.
  3. Lexis: Legal > Area of Law - By Topic > Military Justice > Law Reviews & Journals > Military Law Reviews, Combined. Contains articles from the Military Law Review, Air Force Law Review, Army Lawyer, Naval Law Review, and USAFA Journal of Legal Studies.
  4. Index to Military Periodicals, http://www.dtic.mil/dtic/aulimp/index.html. The Air University Library's Index to Military Periodicals is a subject index to significant articles, news items, and editorials from English language military and aeronautical periodicals. The Index contains citations since 1988 and is updated continuously.
  5. Jane's Defence Magazine Library, http://0-www2.janes.com.library.lausys.georgetown.edu/K2/k2search.jsp?t=A. Contains the full text of 11 Jane's magazines, including Defence Weekly and Terrorism and Security Monitor. Most publications are technology oriented. Coverage varies by publication but begins in the 1990s. [GU only.]
3. General U.S. legal periodicals databases.
  1. Westlaw: JLR (Journals and Law Reviews Combined). Full text.
  2. Lexis: Legal > Secondary Legal > Law Reviews & Journals > US Law Reviews and Journals, Combined. Full text.
  3. Legal Periodicals & Books [GULC only.]
  4. LegalTrac [GULC only.]
Dictionaries.
1. U.S. Department of Defense, Dictionary of Military and Associated Terms: http://www.dtic.mil/doctrine/jel/doddict/.
2. Trevor Nevitt Dupuy, Dictionary of Military Terms: A Guide to the Language of Warfare and Military Institutions (2nd ed. 2003). [Reference U24 .D574 2003]

III. Documents Collection

Terrorism: Documents of International and Local Control (1st series, 1979-) [Int'l K5256 .T477 1979], and (2d series, 1992-) [Int'l K5256 .T4772 1992]. These two sets, made up of more than 65 volumes, collect significant U.S.-generated documents covering all aspects of terrorism and its prevention. Types of documents include government reports, executive orders, speeches, court proceedings, and position papers.

IV. Constitutional Provisions

List of Relevant Constitutional Provisions. Below is a list of major constitutional provisions relating to military and national security law. For a more complete list, see Chapter 1 of Charles A. Shanor & L. Lynn Hogue, National Security and Military Law in a Nutshell (3d ed. 2003). [Reading Room Reserve, KF7210 .S52 2003]
1. Powers of Congress. U.S. Const. art. I, § 8 gives Congress the power "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years . . . To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; [and] To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States . . . ."
2. Powers of the President. U.S. Const. art. II, § 2 makes the President the Commander-in-Chief of the armed forces and gives him the power to make treaties with the advice and consent of the Senate.
3. Treason Defined. U.S. Const. art. III, § 3 provides that "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open court."
Where to Find the U.S. Constitution. A list of major constitutional provisions related to military and national security law appears in part III.a. of this research guide, above. Here is a list of sources for the full text of the Constitution:

United States Code, U.S. G.P.O. [Reading Room & 4th Fl. KF62 1994 .A2 1995]
United States Code Annotated, West Publishing Co. [Reading Room & 4th Fl. KF62 1927.A3]
United States Code Service, Lexis Publishing. [Reading Room & 4th Fl. KF62 1972.U5]
Web (free): GPO Access, http://www.gpoaccess.gov/constitution/index.html
Westlaw: USCA
vi. Lexis: Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > USCS - Constitution of the United States

V. Statutes and Legislative History

Major Statutes.
Below is a list of some of the major federal statutes related to military and national security law.
1. Espionage provisions of the United States criminal code, 18 U.S.C. §§ 792-799. These sections prescribe criminal penalties for the disclosure of classified and other defense information.
2. Foreign Intelligence Surveillance Act of 1978, P.L. 95-511, 92 Stat. 1783, codified as amended at 50 U.S.C. § 1801 et seq. The Foreign Intelligence Surveillance Act governs collection of counterintelligence information within the United States. FISA places restrictions on the surveillance of "foreign powers" and their "agents" within the United States, and created the Foreign Intelligence Surveillance Court (which grants or denies Justice Department requests for surveillance orders) and the Foreign Intelligence Surveillance Court of Review (which reviews the decisions of the Foreign Intelligence Surveillance Court).
3. Homeland Security Act of 2002, P.L. 107-296, 116 Stat. 2135 (2002). The Homeland Security Act of 2002 created the Department of Homeland Security and moved certain existing agencies (including the Immigration and Naturalization Service, which was renamed the Bureau of Citizenship and Immigration Services, and the Federal Emergency Management Agency) under its authority.
4. Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, 118 Stat. 3638 (2004). The Intelligence Reform and Terrorism Prevention Act of 2004 amended the National Security Act of 1947 (below) to create the Office of the Director of National Intelligence. It also authorized various agencies to make regulations on minimum standards for federal acceptance of drivers licenses and personal identification cards (Department of Transportation), minimum standards for federal use of birth certificates (Department of Health and Human Services), verification of documents provided by applicants for social security numbers and limits on the issuance of replacement social security cards (Social Security Administration).
5. National Emergencies Act, Pub. L. 94-412, 90 Stat. 1255, codified as amended at 50 U.S.C. § 1601 et seq. The National Emergencies Act provides for presidential declaration of national emergencies and the termination of such emergencies, for purposes of the expansion of federal executive powers.
6. National Security Act of 1947, July 26, 1947, ch. 343, 61 Stat. 495, codified as amended at 50 U.S.C. 401 et seq. The National Security Act of 1947 established civilian oversight of the armed forces through the establishment of the Department of Defense. It also coordinated various aspects of national security through the National Security Council, and formally organized the Joint Chiefs of Staff.
7. Posse Comitatus Act, June 18, 1878, ch. 263, §15, 20 Stat. 152, codified as amended at 18 U.S.C. § 1385. The Posse Comitatus Act limits the use of the military for domestic law enforcement activities.
8. Uniform Code of Military Justice, May 5, 1950, ch. 169, 64 Stat. 108, codified as amended at 10 U.S.C. 801 et seq. The Uniform Code of Military Justice (UCMJ) establishes basic procedures for the military justice system. It also defines criminal conduct in the military context, sets punishments for criminal offenses, and provides for the various types of courts-martial.
9. USA PATRIOT Act of 2001, P.L. 107-56, 115 Stat. 272. The USA PATRIOT Act amended numerous federal laws as well as creating new ones. The primary effects of the USA PATRIOT Act were the following: (1) to define several new terrorism-related federal crimes; (2) to enhance penalties for existing terrorism-related crimes; (3) to expand investigative surveillance powers; (4) to improve border control by increasing funding and expanding the grounds for excluding and deporting aliens; and (5) to provide for a fund to compensate the victims of terrorism.
10. War Powers Resolution, 50 U.S.C. §§ 1541-1548. The War Powers Resolution requires that armed forces be withdrawn from a conflict after 60 days unless Congress acts to authorize their further deployment. It also allows Congress to direct the withdrawal of forces by concurrent resolution. It is often argued that the War Powers Resolution violates the President's constitutional authority as commander in chief, but so far it has not been invalidated by judicial review.
Where to Find Federal Statutes.
A list of major statutes related to military and national security law appears in part IV.A. of this research guide, above. Here is a list of sources for the full text of those and other federal statutes:
1. United States Statutes at Large (Stat.), U.S. G.P.O. [KF50 .U5].
2. United States Code, U.S. G.P.O. [KF62 1994 .A2 1995]
3. United States Code Annotated, West Publishing Co. [KF62 1927.A3]
4. United States Code Service, Lexis Publishing. [KF62 1972.U5]
5. Westlaw:
  1. FMIL-USCA (database containing only statutes related to military and veterans law)
  2. USCA (complete United States Code Annotated database)
6. Lexis:
  1. Legal > Area of Law - By Topic > Military Justice > Statutes & Legislative Materials > USCS - Military - Titles 10, 14, 32, 37, 38 and 50 (military and veterans law statutes only)
  2. Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > United States Code Service - Titles 1 through 50 (complete United States Code Service database)
Legislative History.
1. The statutes described in this guide were created and are updated by the enactment of federal public laws. For a general guide to the federal legislative process and to conducting federal legislative history research, please see the Library's Legislative History Research Guide at http://www.ll.georgetown.edu/guides/legislative_history.cfm.
2. In addition to the general sources described in the Library's Legislative History Research Guide, the specialized resources below provide the full text of documents related to the legislative history of the UCMJ, USA PATRIOT Act, and the Homeland Security Act. Be aware that a basic understanding of the federal legislative process, which is explained in the Library's Legislative History Research Guide, is required to make the best use of these specialized resources.
  1. USA PATRIOT Act: A Legislative History of the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, Public Law no. 107-56 (2001) (2002) [5th Floor, KF9430.A316 U83 2002].
  2. Index and Legislative History, Uniform Code of Military Justice (UCMJ 50th anniversary ed. 2000) [5th Floor, KF7604.553 .A15 2000].
  3. Index and Legislative History, Uniform Code of Military Justice (1950) [http://www.loc.gov/rr/frd/Military_Law/index_legHistory.html].
  4. Uniform Code of Military Justice: Text, References and Commentary Based on the Report of the Committee on a Uniform Code of Military Justice to the Secretary of Defense [the Morgan Draft] (1949) [http://www.loc.gov/rr/frd/Military_Law/morgan.html] and military website, [http://www.au.af.mil/au/awc/awcgate/ucmj.htm].
  5. Library of Congress: Elston Act (1948) Web Site [http://www.loc.gov/rr/frd/Military_Law/Elston_act.html]. Provides PDF images of legislative history materials on the Elston Act, a 1948 revision of the Articles of War and precursor to the Uniform Code of Military Justice.
  6. Library of Congress: Articles of War (1912-1920) Web Site [http://www.loc.gov/rr/frd/Military_Law/AW-1912-1920.html]. This site provides PDFs of selected legislative history materials on the Articles of War, an early predecessor to the Uniform Code of Military Justice.
  7. Westlaw: HOMESEC-LH (Homeland Security Act of 2002 Legislative History); PATRIOT-LH (USA PATRIOT Act Legislative History).
  8. Lexis: Legal > Area of Law - By Topic > Military Justice > Statutes & Legislative Materials > US - CIS Legislative Histories - Military Law. Includes documents related to the UCMJ, the USA PATRIOT Act, the Homeland Security Act of 2002, and many others.

VI. Courts, Military Tribunals, and Case Law

Courts and Military Tribunals. To understand the precedential value of any military case law your research uncovers, it is necessary to understand the hierarchy of tribunals in the military justice system.
1. Trial-Level Tribunals. Criminal cases against members of the U.S. armed services are tried by courts-martial, while cases against non-U.S. citizens in the war against terrorism ("enemy combatants") are tried by military commissions. More information about military commissions is available from the Department of Defense home page at http://www.defenselink.mil/news/commissions.html. More information about Combatant Status Tribunals is available at www.defenselink.mil/news/Combatant_Tribunals.html.
2. Lower Appellate Tribunals. Over the last century, there have been several different lower appellate bodies to hear appeals from courts-martial. Since decisions of now-defunct appellate bodies may still be binding on current courts, it is important to be familiar with each of the different military appellate bodies that has existed.
  1. 1994 to present: Courts of Criminal Appeals. Appeals from courts-martial may currently be made to the Courts of Criminal Appeals. There are a total of four such courts, one for each branch of the military: Army, Air Force, Navy, and Coast Guard. All four sit in Washington, D.C.
  2. 1968-1994: Courts of Military Review. The Courts of Military Review. These courts had the same structure and jurisdiction as the current Courts of Criminal Appeals (one for each of the four service branches); only their names have been changed.
  3. Before 1968: Boards of Review. The first Review Board was established by the Judge Advocate General in 1918. In 1920 Congress established a similar Board of Review as an Article I court. A Board of Review and Judicial Council was established in 1948, but it was replaced in 1951 when the Uniform Code of Military Justice established separate Boards of Review for each service. These Boards still review cases in which the court-martial sentence is death, dishonorable discharge, or confinement in a penitentiary.
3. Intermediate Appellate Courts.
  1. U.S. Court of Appeals for the Armed Forces [www.armfor.uscourts.gov]. This civilian court replaced the U.S. Court of Military Appeals in 1995. It hears appeals from all four (Air Force, Army, Coast Guard, Navy) Courts of Criminal Appeals. The decisions of this court may be appealed to the U.S. Supreme Court by writ of certiorari.
  2. U.S. Court of Military Appeals. This civilian court, which existed from 1951 to 1995, reviewed decisions of the four (Air Force, Army, Coast Guard, Navy) Courts of Military Review. Its jurisdiction was limited to legal questions. The Court of Military Appeals was replaced by the U.S. Court of Appeals for the Armed Forces.
4. U.S. Supreme Court. The Military Justice Act of 1983, P.L. 98-209, 97 Stat. 1393, gave the U.S. Supreme Court authority to review decisions from the U.S. Court of Appeals for the Armed Forces by writ of certiorari.
Military Tribunal Procedural Rules.
1. Courts-Martial. Procedural rules for courts-martial are found in The Manual for Courts-Martial, which contains the Rules for Courts-Martial and the Military Rules of Evidence.
  1. Print: 5th Floor, KF7625 .A852
  2. Web (free): 2005 Manual for Courts-Martial - http://www.army.mil/usapa/epubs/pdf/mcm.pdf
  3. Westlaw: FMIL-MCM
  4. Lexis: Legal > Area of Law - By Topic > Military Justice > Administrative Materials & Regulations > 2002 Manual for Courts-Martial
  5. Legal and Legislative Basis, Manual for Courts-Martial United States (1951) [http://www.loc.gov/rr/frd/Military_Law/CM-manual_1951.html]. PDF of book providing a brief history of the drafting of the Manual for Courts-Martial. Includes discussion of the legal and legislative considerations that went into the Manual's drafting.
2. Military Commissions. Procedures for trial by military commission of non-U.S. citizen enemy combatants are published in 32 C.F.R. pts. 9 - 18. For more information about Combatant Status Tribunals see http://www.defenselink.mil/news/Combatant_Tribunals.html. For more information on the C.F.R. (Code of Federal Regulations), see part VII.B. of this research guide, below.
3. Military Rules of Evidence Manual. by Stephen A. Saltzburg, Lee D. Schinasi, and David Schlueter. Print available in Library/Call No: KF7628 .S25 2003
Other Federal Courts. Non-military justice cases relating to national security issues (such as treaty interpretation, constitutional law, federal criminal law, and civil liberties) are heard by the general federal courts, including the U.S. Supreme Court, U.S. Circuit Courts of Appeals, and U.S. District Courts. For more information on these courts and where you can find their decisions, see the Library's Cases and Digests Research Guide at http://www.ll.georgetown.edu/guides/cases.cfm.
Case Law.
1. West's Federal Practice Digest. The Federal Practice Digest arranges federal case summaries (with citations to the many of the full text case reporters described below) within a subject outline. Each topic-and-key-number pair represents a legal issue, so that if you look up the digest volume containing a particular topic and key number, you will find summaries of cases that have addressed the issue represented by that topic and key number. It is also possible to search many of Westlaw's case databases by topic and key number; combine the topic number and key number to make one search term, e.g. 258Ak550. Below is a brief, selective list of topics and key numbers under which military justice and national security cases are summarized in the Federal Practice Digest. You may find other relevant topics and key numbers by searching the Digest's Descriptive Word Index.
  1. Topic: Military Justice (Westlaw topic number 258A)
    k. 550 - k. 869: Punishable offenses
    k. 870 - k. 919: Courts-Martial
    k. 1380 - k. 1459: Review of courts-martial
    k. 1480 - k. 1481: Review by civilian courts
  2. Topic: War and National Emergency (Westlaw topic number 402)
    k. 10 - Effect of war on pre-existing civil rights, liabilities, and remedies
    k. 30 - Military occupation, control, and conquest of territory
    k. 31 - Military government and martial law
    k. 32 - Courts-martial and other military or intelligence courts, commissions, or tribunals
    k. 47 - Control of communications
    k. 49 - Rights of aliens
    k. 51 - Restrictive measures applicable to nationality groups
2. Case Reporters and Databases.
  1. Military Justice.
    1. Reporters. There have been many military justice reporters over the last century. Not all of them are available in the Georgetown University Law Library. Below is a list of the major reporters and databases with descriptions of their coverage and listings of the local libraries that hold them, if any:
      1. West's Military Justice Reporter (citation: M.J.). Coverage: 1975 - date; includes decisions of the U.S. Court of Appeals for the Armed Forces and the U.S. Court of Military Appeals; the Army, Air Force, Coast Guard, and Navy Courts of Criminal Appeals; and the Courts of Military Review. Libraries: GULL [5th Floor, KF7625 .A513]
      2. Court Martial Reports (citation: C.M.R.). Coverage: 1951-1975; published decisions of the Army, Air Force, Coast Guard, and Navy Courts of Criminal Appeals; and the Courts of Military Review. Replaced by the Military Justice Reporter. Libraries: GULL 5th Floor, KF7625 .A5.
      3. Decisions of the U.S. Court of Military Appeals (citation: C.M.A.). Coverage: 1951-1975; published cases of the United States Court of Military Appeals. Also includes its own index. Libraries: GULL [5th Floor, KF7667 .A5]
      4. Judge Advocate General's Corps Board of Review and Judicial Council Holdings, Opinions, and Reviews. Coverage: 1929 - 1951; selected opinions of the Boards of Review; includes indexes. Libraries: GULL [5th Floor, KF7634 .J9]
      5. Reports of decisions from World War II Boards of Review for each theater. During World War II there were separate boards of review for each war theatre. The decisions from each theater were published separately in the publications listed below:
        
        Holdings and Opinions, Board of Review, Branch Office of the Judge Advocate General, European Theater of Operations. Coverage: 1943-1946. Libraries: Library of Congress; Catholic University Law Library [microform]
        
        Holdings and Opinions, Board of Review, Branch Office of the Judge Adocate General, China-Burma-India, India-Burma Theater. Coverage: 1943-1945. Libraries: Catholic University Law Library [microform]
        
        Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, North African Theater of Operations, Mediterranean Theater of Operations. Coverage: 1943-1945. Libraries: Catholic University Law Library [microform]
        
        Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, Southwestern Pacific Theater of Operations. Coverage: 1942-1946. Libraries: No known local library holdings.
        
        Holdings, Opinions and Reviews, Board of Review, Branch Office of the Judge Advocate General, Pacific Ocean Theater of Operations. Coverage: 1944-1945. Libraries: No known local library holdings.
    2. Westlaw: Federal Military Law Cases: FMIL-CS. Coverage: all U.S. federal courts, including those courts and tribunals whose cases are published in Court Martial Reports and Military Justice Reporter. Dates vary by court, but the earliest is 1789.
    3. Lexis: Federal Military Law Cases: Legal > Area of Law - By Topic > Military Justice > Cases and Court Rules. Coverage: separate databases for each court, with differing dates of coverage, but the earliest is 1856. It is also possible to search general federal court cases back to 1789 under Legal > Cases - U.S.
  2. Other National Security Law Issues. For information about the reporters and databases that contain decisions of non-military federal courts, see the Library's Case Research Guide, http://www.ll.georgetown.edu/guides/cases.cfm.

VII. Agency Regulations, Directives, and Other Documents

Executive Branch Agencies and Departments.
Numerous federal departments and agencies make regulations and policies relating to national security. The most important of these agencies and departments are listed here, along with the locations of their home pages, their regulations within the Code of Federal Regulations (where available), and other publications (where appropriate and available):
1. Central Intelligence Agency [www.cia.gov]:
  1. General regulations: 32 C.F.R. pts. 1900-2004
  2. Director of Central Intelligence Directives (selected): http://www.fas.org/irp/offdocs/dcid.htm
2. Office of the Director of National Intelligence [www.odni.gov]. The Director of National Intelligence serves as the head of the U.S. intelligence community and as principal adviser to the President, the National Security Council, and the Homeland Security Council on intelligence matters. In October of 2005, the ODNI released the National Intelligence Strategy of the United States of America [http://www.odni.gov/publications/NISOctober2005.pdf].
3. Department of Defense [http://www.defenselink.mil/]. Some, but not all, Department of Defense regulations are originally published in the Federal Register and later codified in 32 C.F.R. However, many DOD internal operating procedures, called directives, instructions, and publications, are not published in either the C.F.R. or the Federal Register. Some may not be available to the public at all. Many of those which are publicly available can be found at the Defense Technical Information Center home page at http://www.dtic.mil/whs/directives/.
  1. Joint Chiefs of Staff [http://www.jcs.mil/]
  2. Air Force [www.af.mil]:
    1. General regulations: 32 C.F.R. pts. 800-1099
    2. Internal operating procedures/directives: http://www.e-publishing.af.mil/mastercatalog/master_catalog.asp
  3. Army [www.army.mil] :
    1. General regulations: 32 C.F.R. pts. 400-699
    2. Internal operating procedures/directives: http://www.apd.army.mil/
  4. Coast Guard - see Department of Homeland Security, below.
  5. Marines [www.usmc.mil] :
    1. General regulations: See Navy, below
    2. Internal operating procedures/directives: http://www.usmc.mil/directiv.nsf/web+orders
  6. Navy [www.navy.mil] :
    1. General regulations: 32 C.F.R. pts. 700-799
    2. Internal operating procedures/directives: http://neds.daps.dla.mil/
  7. National Security Agency/Central Security Service [www.nsa.gov]. The NSA is the United States' cryptologic organization. It coordinates, directs, and performs highly specialized activities to protect U.S. information systems and produce foreign intelligence information.
4. Department of Homeland Security [www.dhs.gov]. Regulations of the Department of Homeland Security itself are published in 6 C.F.R. The Presidential Reorganization Plan for creating the DHS pursuant to the Homeland Security Act of 2002 is available here: http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf. Several other agencies operate under the umbrella of the DHS. Their regulations appear in other parts of the C.F.R., including, but not limited to, the following:
  1. Citizenship and Immigration Services [uscis.gov]: 8 C.F.R. The Bureau of Citizenship and Immigration Services provides all services formerly provided by the Immigration and Naturalization Service, including asylum and refugee processing, naturalization, and document issuance and renewal.
  2. Coast Guard [www.uscg.mil] :
    1. General regulations: 33 C.F.R. pts. 1-124; 46 C.F.R. pts. 1-40; 49 C.F.R. pts. 450-453
    2. Internal operating procedures: http://www.uscg.mil/ccs/cit/cim/directives/welcome.htm
  3. Customs and Border Protection [cbp.gov]: 19 C.F.R. pts. 1-199. CBP is the unified border agency within the Department of Homeland Security (DHS). CBP combined the inspectional workforces and broad border authorities of U.S. Customs, U.S. Immigration, Animal and Plant Health Inspection Service and the entire U.S. Border Patrol.
  4. Federal Emergency Management Agency [www.fema.gov]: 44 C.F.R. pts. 0-399. FEMA leads the effort to prepare the nation for all hazards and effectively manage federal response and recovery efforts following any national incident. FEMA also initiates proactive mitigation activities, trains first responders, and manages the National Flood Insurance Program and the U.S. Fire Administration.
  5. Transportation Security Administration [www.tsa.gov]: 49 C.F.R. pts. 1500-1699. The TSA regulates and manages airport security screening and the air marshal program.
5. Department of Justice [www.usdoj.gov]: 28 C.F.R. The mission of the DOJ is to enforce federal law and to defend the interests of the United States according to law. There are at least two law enforcement agencies under the control of the Department of Justice that play roles in homeland security:
  1. Bureau of Alcohol, Tobacco, Firearms, and Explosives [www.atf.gov]: 27 C.F.R.
  2. Federal Bureau of Investigation [www.fbi.gov]
6. Department of State [www.state.gov]: 22 C.F.R.
7. Executive Office of the President [www.whitehouse.gov]:
  1. 3 C.F.R. (Executive Orders and Presidential Documents)
  2. Directives related to national security (selected; for more information, see the CRS Report "Presidential Directives: Background and Overview"): http://www.fas.org/irp/offdocs/direct.htm
8. Information Security Oversight Office of the National Archives & Records Administration [www.archives.gov/isoo/]: 32 C.F.R. pt. 2001. The ISOO is responsible to the President for policy oversight of the government-wide security classification system and the National Industrial Security Program. For more information on the law of classified information, see part VIII. of this guide, below.
9. National Security Council [www.whitehouse.gov/nsc/]: 32 C.F.R. pts. 2100-2199. The National Security Council is the President's principal forum for considering national security and foreign policy matters with his senior national security advisors and cabinet officials. The function of the Council is to advise and assist the President on national security and foreign policies.
10. Department of the Treasury [www.treasury.gov]: 31 C.F.R.
  1. Office of Terrorism and Financial Intelligence [http://www.treasury.gov/offices/enforcement/]. The mission of the Office of Terrorism and Financial Intelligence is to safeguard the U.S. and international financial systems from abuse by terrorist financing, money laundering, and other financial crime, and to sever the lines of financial support to international terrorists.
    a. Office of Foreign Assets Control: 31 C.F.R. pts. 500-598.
  2. Secret Service [www.secretservice.gov]: 31 C.F.R. pts. 401-413. The Secret Service protects the President, Vice-President, their families, and heads of state, and plans and implements security designs for designated national special security events. It also investigates counterfeiting, access device fraud, financial institution fraud, identity theft, computer fraud, and computer-based attacks on the nation's financial, banking, and telecommunications infrastructure.
Where to Find Federal Regulations.

For a guide to the federal executive-branch regulatory process and the process of conducting federal administrative law research in general, see the Library's Administrative Law Research Guide at http://www.ll.georgetown.edu/guides/admin.cfm.

Federal agencies' regulations appear in the following publications:
1. Federal Register (Fed. Reg.):
  1. Print: Current issues (approximately two months) are located with the federal materials on the Fourth Floor (KF70 .A3).
  2. Microfiche: Vol. 1 (1936) - date (Media Services, Cabinets B11-B12).
  3. Electronic:
    1. Web (free): GPO Access, http://www.gpoaccess.gov/fr/
    2. Westlaw: FR (July, 1980 - date)
    3. Lexis: Legal > Federal Legal - U.S. > FR - Federal Register (July 1980 - date)
  4. Code of Federal Regulations (C.F.R.)
    1. Print: The current C.F.R. is located in the Reading Room stacks and with the federal materials on the Fourth Floor (KF70 .A3)
    2. Microfiche: 1938 - date (Media Services, Cabinets B13-B14)
    3. Electronic:
      1. Web (free): GPO Access offers two different C.F.R. databases.
      2. Westlaw: CFR
      3. Lexis: Legal > Federal Legal - U.S. > CFR - Code of Federal Regulations

VIII. Classification & Declassification of Government Documents

Introduction.
For the most part, individual federal agencies decide whether to classify or declassify information they create. They do so on the basis of Executive Order 12958, 60 Fed. Reg. 19,825 (as amended by Exec. Order 13292, 3 C.F.R. 197 (2004)) and guidance issued by the Information Security Oversight Office of the National Archives and Records Administration (ISOO). Appeals of classification decisions are decided by the Interagency Security Classification Appeals Panel.
Information Security Oversight Office [http://www.archives.gov/isoo/].
In addition to issuing guidance to other agencies on classification matters, the ISOO also gathers and analyzes statistics on other agencies' classification programs, and provides program and administrative support for the Interagency Security Classification Appeals Panel (see VIII.c., below).
1. The primary bases of the ISOO's authority are the following statutes and executive orders:
  1. 50 U.S.C. §§ 435-438 provide the procedural outlines for the classification of information and the safeguarding of classified information.
  2. Executive Order 12958, 60 Fed. Reg. 19,825 (as amended by Exec. Order 13292, 3 C.F.R. 197 (2004)), http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html, prescribes a uniform system for classifying, safeguarding, and declassifying national security information. It also establishes a monitoring system to enhance its effectiveness.
  3. Executive Order 12829, 3 C.F.R. 570 (1993) "National Industrial Security Program" (as amended by Executive Order 12885, 3 C.F.R. 684 (1993)), http://www.archives.gov/isoo/policy-documents/eo-12829.html, establishes a National Industrial Security Program to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government.
2. ISOO regulations (including classification, declassification, and safeguarding guidelines) appear in 32 C.F.R. pt. 2001.
3. ISOO Annual Reports to the President are available at http://www.archives.gov/isoo/reports/index.html. These reports analyze statistical data regarding each federal agency's security classification program.
The Interagency Security Classification Appeals Panel [http://www.archives.gov/isoo/oversight-groups/iscap/] decides appeals by authorized holders of classified information who have filed classification challenges under § 1.8 of Executive Order 12958. It also approves, denies, or amends agency exemptions from automatic declassification (§ 3.3), and decides mandatory declassification review appeals by parties whose requests for declassification under § 3.5 have been denied at the agency level.
Statutes Related to Classified Information.
1. 50 U.S.C. §§ 435-438 provide the procedural outlines for the classification of information and the safeguarding of classified information.
2. 42 U.S.C. §§ 2161-2169 prescribe procedures for the classification and safeguarding of information related to nuclear weapons and atomic energy.
3. 50 U.S.C. § 783 makes it unlawful for any government officer or employee to communicate classified information to an agent of a foreign government.
4. 18 U.S.C. § 798 makes it a crime to communicate classified information to an unauthorized person.
5. Freedom of Information Act of 1966 (FOIA), P.L. 89-554, 80 Stat. 383, codified as amended at 5 U.S.C. § 552. Permits nondisclosure of government information that is "(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order." 5 U.S.C. § 552(b)(1).
Declassified Documents Databases.
1. Declassified Documents Reference System - U.S., http://0-www.galenet.com.gull.georgetown.edu/servlet/DDRS?locID=wash43584 (GULC only). Full text searchable access to a selection of over 70,000 previously classified U.S. government documents. Post World War II documents include correspondence and memoranda, minutes of cabinet meetings, technical studies, national security policy statements, and intelligence reports.
2. Digital National Security Archive, http://0-nsarchive.chadwyck.com.gull.georgetown.edu/ (GULC only). Contains more than 35,000 declassified primary documents that led to policy decisions. Covers such areas as Afghanistan, Berlin Crisis 1958-1962, Cuban Missile Crisis, El Salvador, Iran-Contra Affair, etc.

IX. Useful Web Sites

For a list of relevant agency web sites, see the section on Agency Regulations above. The web sites below may also be useful to you.

Annotated Bibliography of Government Documents Related to the Threat of Terrorism and the Attacks of September 11, 2001, www.odl.state.ok.us/usinfo/terrorism/911.htm. Provided by the Oklahoma Department of Libraries.
Center for Defense Information, www.cdi.org. Founded in 1972 by retired senior U.S. military officers, CDI is an independent monitor of the U.S. military and a non-governmental think tank researching security policy.
c. Center for Military Readiness, www.cmrlink.org. The Center for Military Readiness is an independent, non-partisan 501(c)(3) educational organization formed to take a leadership role in promoting sound military personnel policies in the armed forces. CMR is a unique alliance of civilian, active duty and retired military people in all 50 states, and is the only organization that concentrates on military personnel issues full-time.
Federation of American Scientists, www.fas.org. The Federation of American Scientists is a non-profit organization dedicated to ending the worldwide arms race and avoiding the use of nuclear weapons. It was founded by members of the Manhattan Project. Its web site is an excellent source of analytical materials and government documents on national security, nuclear and biological weapons, government secrecy, and space policy.
GovExec.com, www.govexec.com. GovExec.com is the web site of the magazine Government Executive. It publishes articles on homeland security, defense, procurement, and government employment.
U.S. Department of Defense: Combatant Status Review Tribunals, http://www.defenselink.mil/news/Combatant_Tribunals.html. A Department of Defense home page providing fact sheets, procedural rules, and guidance materials relating to enemy combatant tribunals. (Links to procedural rules and guidance materials are provided through press releases.)
Manual for Military Commissions, http://www.defenselink.mil/In accordance with the Military Commissions Act of 2006, this manual provides rules for the "full and fair prosecution of alien unlawful enemy combatants."

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