# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

a specified period of time or changes in circumstances,
of designations of competitive harm made by submitters.
Additionally, such procedures may permit the agency to
designate specific classes of information that will be treated
by the agency as if the information had been so designated
by the submitter. The head of each Executive department
or agency shall, to the extent permitted by law, provide
the submitter notice in accordance with section 1 of this
[Page 102]
BASIC LAWS and AUTHORITIES  | 93	Order whenever the department or agency determines
that it may be required to disclose records:
(i) designated pursuant to this subsection; or
(ii) the disclosure of which the department or agen -
cy has reason to believe could reasonably be expected to
cause substantial competitive harm,
Sec. 4 . When notification is made pursuant to section 1,
each agency’s procedures shall, to the extent permitted
by law, afford the submitter a reasonable period of time


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: ethical_reasoning
Difficulty: basic | Document Type: educational

in which the submitter or its designee may object to the
disclosure of any specified portion of the information and
to state all grounds upon which disclosure is opposed.
Sec. 5.  Each agency shall give careful consideration to all
such specified grounds for nondisclosure prior to making
an administrative determination of the issue. In all instances
when the agency determines to disclose the requested records,
its procedures shall provide that the agency give the submitter
a written statement briefly explaining why the submitter’s
objections are not sustained. Such statement shall, to the
extent permitted by law, be provided a reasonable number of
days prior to a specified disclosure date.
Sec. 6.  Whenever a FOIA requester brings suit seeking
to compel disclosure of confidential commercial
information, each agency’s procedures shall require that
the submitter be promptly notified.
Sec. 7.  The designation and notification procedures
required by this Order shall be established by regulations,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

after notice and public comment. If similar procedures
or regulations already exist, they should be reviewed
for conformity and revised where necessary. Existing
procedures or regulations need not be modified if they are
in compliance with this Order.
Sec. 8.  The notice requirements of this Order need not
be followed if:
(a) The agency determines that the information should
not be disclosed;
(b) The information has been published or has been officially made available to the public;
(c) Disclosure of the information is required by law (other
than 5 U.S.C. 552);
(d) The disclosure is required by an agency rule that (1)
was adopted pursuant to notice and public comment, (2)
specifies narrow classes of records submitted to the agency
that are to be released under the Freedom of Information
Act, and (3) provides in exceptional circumstances for
notice when the submitter provides written justification,
at the time the information is submitted or a reasonable


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Product Liability | Sample Type: legal_dialogue
Difficulty: advanced | Document Type: educational

time thereafter, that disclosure of the information could
reasonably be expected to cause substantial competitive
harm;
(e) The information requested is not designated by the
submitter as exempt from disclosure in accordance with
agency regulations promulgated pursuant to section 7,
when the submitter had an opportunity to do so at the
time of submission of the information or a reasonable
time thereafter, unless the agency has substantial reason
to believe that disclosure of the information would result
in competitive harm; or
(f) The designation made by the submitter in accordance
with agency regulations promulgated pursuant to section
7 appears obviously frivolous; except that, in such case,
the agency must provide the submitter with written notice
of any final administrative disclosure determination
within a reasonable number of days prior to the specified
disclosure date.
Sec. 9.  Whenever an agency notifies a submitter that it may
be required to disclose information pursuant to section 1


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: practical_application
Difficulty: foundational | Document Type: educational

of this Order, the agency shall also notify the requester that
notice and an opportunity to comment are being provided
the submitter. Whenever an agency notifies a submitter of a
final decision pursuant to section 5 of this Order, the agency
shall also notify the requester.
Sec. 10 . This Order is intended only to improve the
internal management of the Federal government, and is
not intended to create any right or benefit, substantive
or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
[Page 103]
94 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 95	EXECUTIVE ORDER 12829—
NATIONAL INDUSTRIAL SECURITY PROGRAM
Ex. Ord. No. 12829, Jan. 6, 1993, 58 F .R. 3479, as amended by Ex. Ord. No. 12885, Dec. 14, 1993, 58 F .R. 65863, provided:
This order establishes a National Industrial Security
Program to safeguard Federal Government classified
information that is released to contractors, licensees, and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Separation of Powers | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

grantees of the United States Government. To promote
our national interests, the United States Government
issues contracts, licenses, and grants to nongovernment
organizations. When these arrangements require access to
classified information, the national security requires that
this information be safeguarded in a manner equivalent to
its protection within the executive branch of Government.
The national security also requires that our industrial
security program promote the economic and technological
interests of the United States. Redundant, overlapping,
or unnecessary requirements impede those interests.
Therefore, the National Industrial Security Program shall
serve as a single, integrated, cohesive industrial security
program to protect classified information and to preserve
our Nation’s economic and technological interests.
Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, including the Atomic Energy Act of 1954,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: ethical_reasoning
Difficulty: basic | Document Type: educational

as amended (42 U.S.C. 2011–2286) [42 U.S.C. 2011
et seq.], the National Security Act of 1947, as amended
(codified as amended in scattered sections of the United
States Code) [50 U.S.C. 3001 et seq.], and the Federal
Advisory Committee Act, as amended (5 U.S.C. App. 2)
[5 U.S.C. App.], it is hereby ordered as follows:
PART 1. ESTABLISHMENT AND POLICY
Section 101. Establishment . (a) There is established a
National Industrial Security Program. The purpose
of this program is to safeguard classified information
that may be released or has been released to current,
prospective, or former contractors, licensees, or grantees
of United States agencies. For the purposes of this order,
the terms “contractor, licensee, or grantee” means current,
prospective, or former contractors, licensees, or grantees
of United States agencies. The National Industrial
Security Program shall be applicable to all executive
branch departments and agencies.(b) The National Industrial Security Program shall provide


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: simple_qa
Difficulty: intermediate | Document Type: educational

for the protection of information classified pursuant to
Executive Order No. 12356 of April 2, 1982 [formerly set
out above], or its successor, and the Atomic Energy Act of
1954, as amended [42 U.S.C. 2011 et seq.].
(c) For the purposes of this order, the term “contractor”
does not include individuals engaged under personal
services contracts.
Sec. 102. Policy Direction . (a) The National Security
Council shall provide overall policy direction for the
National Industrial Security Program.
(b) The Director of the Information Security Oversight
Office, established under Executive Order No. 12356 of
April 2, 1982 [formerly set out above], shall be responsible
for implementing and monitoring the National Industrial
Security Program and shall:
(1) develop, in consultation with the agencies, and pro -
mulgate subject to the approval of the National Security
Council, directives for the implementation of this order,
which shall be binding on the agencies;
(2) oversee agency, contractor, licensee, and grantee


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: legal_news_analysis
Difficulty: advanced | Document Type: educational

actions to ensure compliance with this order and imple -
menting directives;
(3) review all agency implementing regulations, inter -
nal rules, or guidelines. The Director shall require any reg -
ulation, rule, or guideline to be changed if it is not consis -
tent with this order or implementing directives. Any such
decision by the Director may be appealed to the National
Security Council. The agency regulation, rule, or guide -
line shall remain in effect pending a prompt decision on
the appeal;
(4) have the authority, pursuant to terms of applica -
ble contracts, licenses, grants, or regulations, to conduct
on-site reviews of the implementation of the National
Industrial Security Program by each agency, contractor,
[Page 104]
BASIC LAWS and AUTHORITIES  | 95	licensee, and grantee that has access to or stores classi -
fied information and to require of each agency, contrac -
tor, licensee, and grantee those reports, information, and
other cooperation that may be necessary to fulfill the Di -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Occupiers Liability | Sample Type: simple_qa
Difficulty: advanced | Document Type: educational

rector’s responsibilities. If these reports, inspections, or
access to specific classified information, or other forms of
cooperation, would pose an exceptional national security
risk, the affected agency head or the senior official desig -
nated under section 203(a) of this order may request the
National Security Council to deny access to the Director.
The Director shall not have access pending a prompt de -
cision by the National Security Council;
(5) report any violations of this order or its implement -
ing directives to the head of the agency or to the senior of -
ficial designated under section 203(a) of this order so that
corrective action, if appropriate, may be taken. Any such
report pertaining to the implementation of the Nation -
al Industrial Security Program by a contractor, licensee,
or grantee shall be directed to the agency that is exercis -
ing operational oversight over the contractor, licensee, or
grantee under section 202 of this order;


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: procedural_guide
Difficulty: intermediate | Document Type: educational

(6) consider and take action on complaints and sug -
gestions from persons within or outside the Government
with respect to the administration of the National Indus -
trial Security Program;
(7) consider, in consultation with the advisory com -
mittee established by this order, affected agencies, con -
tractors, licensees, and grantees, and recommend to the
President through the National Security Council changes
to this order; and
(8) report at least annually to the President through the
National Security Council on the implementation of the
National Industrial Security Program.
(c) Nothing in this order shall be construed to supersede
the authority of the Secretary of Energy or the Nuclear
Regulatory Commission under the Atomic Energy Act
of 1954, as amended [42 U.S.C. 2011 et seq.], or the
authority of the Director of Central Intelligence under
the National Security Act of 1947, as amended [50
U.S.C. 3001 et seq.], or Executive Order No. 12333 of
December 8, 1981 [50 U.S.C. 3001 note].


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: client_interaction
Difficulty: intermediate | Document Type: educational

Sec. 103. National Industrial Security Program Policy
Advisory Committee . (a) Establishment . There is established the National Industrial Security Program Policy
Advisory Committee (“Committee”). The Director of
the Information Security Oversight Office shall serve as
Chairman of the Committee and appoint the members of
the Committee. The members of the Committee shall be
the representatives of those departments and agencies most
affected by the National Industrial Security Program and
nongovernment representatives of contractors, licensees,
or grantees involved with classified contracts, licenses, or
grants, as determined by the Chairman.
(b) Functions . (1) The Committee members shall advise
the Chairman of the Committee on all matters concerning
the policies of the National Industrial Security Program,
including recommended changes to those policies as
reflected in this order, its implementing directives, or the
operating manual established under this order, and serve


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: educational
Difficulty: intermediate | Document Type: educational

as a forum to discuss policy issues in dispute.
(2) The Committee shall meet at the request of the
Chairman, but at least twice during the calendar year.
(c) Administration . (1) Members of the Committee
shall serve without compensation for their work on the
Committee. However, nongovernment members may
be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by law for persons serving
intermittently in the Government service (5 U.S.C.
5701–5707).
(2) To the extent permitted by law and subject to the
availability of funds, the Administrator of General Ser -
vices shall provide the Committee with administrative
services, facilities, staff, and other support services neces -
sary for the performance of its functions.
(d) General . Notwithstanding any other Executive order,
the functions of the President under the Federal Advisory
Committee Act, as amended [5 U.S.C. App.], except that
of reporting to the Congress, which are applicable to the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: general_reasoning
Difficulty: basic | Document Type: educational

Committee, shall be performed by the Administrator
of General Services in accordance with the guidelines
and procedures established by the General Services
Administration.
PART 2. OPERATIONS
Sec. 201. National Industrial Security Program Operating
Manual . (a) The Secretary of Defense, in consultation
with all affected agencies and with the concurrence
[Page 105]
96 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 97	of the Secretary of Energy, the Nuclear Regulatory
Commission, and the Director of Central Intelligence,
shall issue and maintain a National Industrial Security
Program Operating Manual (“Manual”). The Secretary
of Energy and the Nuclear Regulatory Commission
shall prescribe and issue that portion of the Manual
that pertains to information classified under the Atomic
Energy Act of 1954, as amended [42 U.S.C. 2011 et
seq.]. The Director of Central Intelligence shall prescribe
and issue that portion of the Manual that pertains to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

intelligence sources and methods, including Sensitive
Compartmented Information.
(b) The Manual shall prescribe specific requirements,
restrictions, and other safeguards that are necessary to
preclude unauthorized disclosure and control authorized
disclosure of classified information to contractors,
licensees, or grantees. The Manual shall apply to the
release of classified information during all phases of
the contracting process including bidding, negotiation,
award, performance, and termination of contracts, the
licensing process, or the grant process, with or under the
control of departments or agencies.
(c) The Manual shall also prescribe requirements,
restrictions, and other safeguards that are necessary
to protect special classes of classified information,
including Restricted Data, Formerly Restricted Data,
intelligence sources and methods information, Sensitive
Compartmented Information, and Special Access
Program information.
(d) In establishing particular requirements, restrictions,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

and other safeguards within the Manual, the Secretary of
Defense, the Secretary of Energy, the Nuclear Regulatory
Commission, and the Director of Central Intelligence
shall take into account these factors: (i) the damage to
the national security that reasonably could be expected to
result from an unauthorized disclosure; (ii) the existing or
anticipated threat to the disclosure of information; and
(iii) the short- and long-term costs of the requirements,
restrictions, and other safeguards.
(e) To the extent that is practicable and reasonable, the
requirements, restrictions, and safeguards that the Manual
establishes for the protection of classified information by
contractors, licensees, and grantees shall be consistent
with the requirements, restrictions, and safeguards that directives implementing Executive Order No. 12356 of
April 2, 1982 [formerly set out above], or the Atomic
Energy Act of 1954, as amended, establish for the
protection of classified information by agencies. Upon


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

request by the Chairman of the Committee, the Secretary
of Defense shall provide an explanation and justification
for any requirement, restriction, or safeguard that results
in a standard for the protection of classified information
by contractors, licensees, and grantees that differs from
the standard that applies to agencies.
(f) The Manual shall be issued to correspond as closely as
possible to pertinent decisions of the Secretary of Defense
and the Director of Central Intelligence made pursuant
to the recommendations of the Joint Security Review
Commission and to revisions to the security classification
system that result from Presidential Review Directive 29,
but in any event no later than June 30, 1994.
Sec. 202. Operational Oversight . (a) The Secretary of
Defense shall serve as Executive Agent for inspecting and
monitoring the contractors, licensees, and grantees who
require or will require access to, or who store or will store
classified information; and for determining the eligibility


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

for access to classified information of contractors,
licensees, and grantees and their respective employees.
The heads of agencies shall enter into agreements with
the Secretary of Defense that establish the terms of the
Secretary’s responsibilities on behalf of these agency
heads.
(b) The Director of Central Intelligence retains authority
over access to intelligence sources and methods, including
Sensitive Compartmented Information. The Director
of Central Intelligence may inspect and monitcr [sic]
contractor, licensee, and grantee programs and facilities
that involve access to such information or may enter into
written agreements with the Secretary of Defense, as
Executive Agent, to inspect and monitor these programs
or facilities, in whole or in part, on the Director’s behalf.
(c) The Secretary of Energy and the Nuclear Regulatory
Commission retain authority over access to information
under their respective programs classified under the
Atomic Energy Act of 1954, as amended [42 U.S.C. 2011


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

et seq.]. The Secretary or the Commission may inspect
and monitor contractor, licensee, and grantee programs
and facilities that involve access to such information or
[Page 106]
BASIC LAWS and AUTHORITIES  | 97	may enter into written agreements with the Secretary of
Defense, as Executive Agent, to inspect and monitor these
programs or facilities, in whole or in part, on behalf of the
Secretary or the Commission, respectively.
(d) The Executive Agent shall have the authority to
issue, after consultation with affected agencies, standard
forms or other standardization that will promote the
implementation of the National Industrial Security
Program.
Sec. 203. Implementation . (a) The head of each agency
that enters into classified contracts, licenses, or grants shall
designate a senior agency official to direct and administer
the agency’s implementation and compliance with the
National Industrial Security Program.
(b) Agency implementing regulations, internal rules,


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

or guidelines shall be consistent with this order, its
implementing directives, and the Manual. Agencies shall
issue these regulations, rules, or guidelines no later than
180 days from the issuance of the Manual. They may
incorporate all or portions of the Manual by reference.
(c) Each agency head or the senior official designated
under paragraph (a) above shall take appropriate and
prompt corrective action whenever a violation of this
order, its implementing directives, or the Manual occurs.
(d) The senior agency official designated under paragraph
(a) above shall account each year for the costs within
the agency associated with the implementation of the
National Industrial Security Program. These costs shall
be reported to the Director of the Information Security
Oversight Office, who shall include them in the reports
to the President prescribed by this order.(e) The Secretary of Defense, with the concurrence of
the Administrator of General Services, the Administrator


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Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

of the National Aeronautics and Space Administration,
and such other agency heads or officials who may
be responsible, shall amend the Federal Acquisition
Regulation to be consistent with the implementation of
the National Industrial Security Program.
(f) All contracts, licenses, or grants that involve access to
classified information and that are advertised or proposed
following the issuance of agency regulations, rules, or
guidelines described in paragraph (b) above shall comply
with the National Industrial Security Program. To the
extent that is feasible, economical, and permitted by
law, agencies shall amend, modify, or convert preexisting
contracts, licenses, or grants, or previously advertised or
proposed contracts, licenses, or grants, that involve access
to classified information for operation under the National
Industrial Security Program. Any direct inspection or
monitoring of contractors, licensees, or grantees specified
by this order shall be carried out pursuant to the terms of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Separation of Powers | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

a contract, license, grant, or regulation.
(g) [Amended Ex. Ord. No. 10865, set out above.]
(h) All delegations, rules, regulations, orders, directives,
agreements, contracts, licenses, and grants issued under
preexisting authorities, including section 1(a) and (b) of
Executive Order No. 10865 of February 20, 1960, as
amended, by Executive Order No. 10909 of January 17,
1961, and Executive Order No. 11382 of November 27,
1967, shall remain in full force and effect until amended,
modified, or terminated pursuant to authority of this
order.
(i) This order shall be effective immediately.
[Page 107]
98 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 99	EXECUTIVE ORDER 12937—
DECLASSIFICATION OF SELECTED RECORDS WITHIN
THE NATIONAL ARCHIVES OF THE UNITED STATES
Source: The provisions of Executive Order 12937 of November 10, 1994, appear at 3 CFR, 1994 Comp., p. 949.
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
it is hereby ordered:


# basic laws book 2016 (1)
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Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

Section 1.  The records in the National Archives of the
United States referenced in the list accompanying this
order are hereby declassified.
Sec. 2.  The Archivist of the United States shall take such
actions as are necessary to make such records available for
public research no later than 30 days from the date of this
Order, except to the extent that the head of an affected
agency and the Archivist have determined that specific
information within such records must be protected from
disclosure pursuant to an authorized exemption to the
Freedom of Information Act, 5 U.S.C. 552, other than the
exemption that pertains to national security information.
Sec. 3.  Nothing contained in this order shall create any
right or benefit, substantive or procedural, enforceable
by any party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
I. All unreviewed World War II and earlier records,
including:
A. RG 18, Army Air Forces 1,722,400 pp.


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Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Occupiers Liability | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

B. RG 65, Federal Bureau of Investigation 362,500 pp.
C. RG 127, United States Marine Corps 195,000 pp.
D. RG 216, Office of Censorship 112,500 pp.
E. RG 226, Office of Strategic Services 415,000 pp.
F . RG 60, United States Occupation Headquarters
4,422,500 pp.
G. RG 331, Allied Operational and Occupation Head -
quarters, World War II (including 350 reels of Allied
Force Headquarters) 3,097,500 pp.H. RG 332, United States Theaters of War, World War
II 1,182,500 pp.
I. RG 338, Mediterranean Theater of Operations and
European Command 9,500,000 pp.Subtotal for World
War II and earlier 21.0 million pp.
II. Post1945 Collections (Military and Civil)
A. RG 19, Bureau of Ships, Pre1950 General Corre -
spondence (selected records) 1,732,500 pp.
B. RG 51, Bureau of the Budget, 52.12 Budget Prepa -
ration Branch, 1952–69 142,500 pp.
C. RG 72, Bureau of Aeronautics (Navy) (selected re -
cords) 5,655,000 pp.
D. RG 166, Foreign Agricultural Service, Narrative Re -
ports,
1955–61 1,272,500 pp.


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

E. RG 313, Naval Operating Forces (selected records)
407,500 pp.
F . RG 319, Office of the Chief of Military History
Manuscripts and Background Papers (selected records)
933,000 pp.
G. RG 337, Headquarters, Army Ground Forces (se -
lected records) 1,269,700 pp.
H. RG 341, Headquarters, United States Air Force (se -
lected records) 4,870,000 pp.
I. RG 389, Office of the Provost Marshal General (se -
lected records) 448,000 pp.
J. RG 391, United States Army Regular Army Mobil
Units 240,000 pp.
K. RG 428, General Records of the Department of the
Navy (selected records) 31,250 pp.
L. RG 472, Army Vietnam Collection (selected re -
cords) 5,864,000 pp.
Subtotal for Other 22.9 million pp.
TOTAL 43.9 million pp.
[Page 108]
BASIC LAWS and AUTHORITIES  | 99	EXECUTIVE ORDER 12968—
ACCESS TO CLASSIFIED INFORMATION
Source: Ex. Ord. No. 12968, Aug. 2, 1995, 60 F .R. 40245, as amended by
Ex. Ord. No. 13467, §3(b), June 30, 2008, 73 F .R. 38107, provided:
The national interest requires that certain information


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Rights | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

be maintained in confidence through a system of
classification in order to protect our citizens, our
democratic institutions, and our participation within the
community of nations. The unauthorized disclosure of
information classified in the national interest can cause
irreparable damage to the national security and loss of
human life.
Security policies designed to protect classified information
must ensure consistent, cost effective, and efficient
protection of our Nation’s classified information, while
providing fair and equitable treatment to those Americans
upon whom we rely to guard our national security.
This order establishes a uniform Federal personnel
security program for employees who will be considered
for initial or continued access to classified information.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the United
States of America, it is hereby ordered as follows:
PART 1—DEFINITIONS, ACCESS TO
CLASSIFIED INFORMATION, FINANCIAL


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Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

DISCLOSURE, AND OTHER ITEMS
Section 1.1. Definitions . For the purposes of this
order: (a) “Agency” means any “Executive agency,” as
defined in 5 U.S.C. 105, the “military departments,”
as defined in 5 U.S.C. 102, and any other entity within
the executive branch that comes into the possession of
classified information, including the Defense Intelligence
Agency, National Security Agency, and the National
Reconnaissance Office.
(b) “Applicant” means a person other than an employee
who has received an authorized conditional offer of
employment for a position that requires access to classified
information.(c) “Authorized investigative agency” means an
agency authorized by law or regulation to conduct
a counterintelligence investigation or investigation
of persons who are proposed for access to classified
information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.
(d) “Classified information” means information that has


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Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

been determined pursuant to Executive Order No. 12958
[formerly set out above], or any successor order, Executive
Order No. 12951 [set out above], or any successor order,
or the Atomic Energy Act of 1954 (42 U.S.C. 2011
[et seq.]), to require protection against unauthorized
disclosure.
(e) “Employee” means a person, other than the President
and Vice President, employed by, detailed or assigned
to, an agency, including members of the Armed Forces;
an expert or consultant to an agency; an industrial or
commercial contractor, licensee, certificate holder,
or grantee of an agency, including all subcontractors;
a personal services contractor; or any other category
of person who acts for or on behalf of an agency as
determined by the appropriate agency head.
(f) “Foreign power” and “agent of a foreign power” have
the meaning provided in 50 U.S.C. 1801.
(g) “Need for access” means a determination that an
employee requires access to a particular level of classified


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

information in order to perform or assist in a lawful and
authorized governmental function.
(h) “Need-to-know” means a determination made by
an authorized holder of classified information that a
prospective recipient requires access to specific classified
information in order to perform or assist in a lawful and
authorized governmental function.
[Page 109]
100 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 101	(i) “Overseas Security Executive Agent” means the
Board established by the President to consider, develop,
coordinate and promote policies, standards and
agreements on overseas security operations, programs and
projects that affect all United States Government agencies
under the authority of a Chief of Mission.
(j) “Security Executive Agent” means the Security
Executive Agent established by the President to consider,
coordinate, and recommend policy directives for U.S.
security policies, procedures, and practices.
(k) “Special access program” has the meaning provided in


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: practical_application
Difficulty: intermediate | Document Type: educational

section 4.1 of Executive Order No. 12958 [formerly set
out above], or any successor order.
Sec. 1.2. Access to Classified Information . (a) No employee
shall be granted access to classified information unless
that employee has been determined to be eligible in
accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing and
maintaining an effective program to ensure that access
to classified information by each employee is clearly
consistent with the interests of the national security.
(c) Employees shall not be granted access to classified
information unless they:
(1) have been determined to be eligible for access under
section 3.1 of this order by agency heads or designated
officials based upon a favorable adjudication of an appro -
priate investigation of the employee’s background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Shareholder Rights | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

appropriate government authority prior to being granted
access to classified information and at any time during
the period of access to ascertain whether they continue to
meet the requirements for access.
(e)(1) All employees granted access to classified
information shall be required as a condition of such
access to provide to the employing agency written
consent permitting access by an authorized investigative
agency, for such time as access to classified information is
maintained and for a period of 3 years thereafter, to:(A) relevant financial records that are maintained by a
financial institution as defined in 31 U.S.C. 5312(a) or
by a holding company as defined in section 1101(6) of
the Right to Financial Privacy Act of 1978 (12 U.S.C.
3401[(6)]);
(B) consumer reports pertaining to the employee under
the Fair Credit Reporting Act (15 U.S.C. 1681a [1681
et seq.]); and
(C) records maintained by commercial entities within the
United States pertaining to any travel by the employee


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

outside the United States.
(2) Information may be requested pursuant to employ -
ee consent under this section where:
(A) there are reasonable grounds to believe, based on
credible information, that the employee or former
employee is, or may be, disclosing classified information
in an unauthorized manner to a foreign power or agent of
a foreign power;
(B) information the employing agency deems credible
indicates the employee or former employee has incurred
excessive indebtedness or has acquired a level of affluence
that cannot be explained by other information; or
(C) circumstances indicate the employee or former employee
had the capability and opportunity to disclose classified
information that is known to have been lost or compromised
to a foreign power or an agent of a foreign power.
(3) Nothing in this section shall be construed to affect
the authority of an investigating agency to obtain infor -
mation pursuant to the Right to Financial Privacy Act [of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: legal_dialogue
Difficulty: basic | Document Type: educational

1978, 12 U.S.C. 3401 et seq.], the Fair Credit Reporting
Act [15 U.S.C. 1681 et seq.] or any other applicable law.
Sec. 1.3. Financial Disclosure . (a) Not later than 180 days
after the effective date of this order, the head of each
agency that originates, handles, transmits, or possesses
classified information shall designate each employee, by
position or category where possible, who has a regular
need for access to classified information that, in the
discretion of the agency head, would reveal:
(1) the identity of covert agents as defined in the Intel -
ligence Identities Protection Act of 1982 (50 U.S.C. 421
[sic] [et seq.]) [now 50 U.S.C. 3121 et seq.];
[Page 110]
BASIC LAWS and AUTHORITIES  | 101	(2) technical or specialized national intelligence collec -
tion and processing systems that, if disclosed in an unau -
thorized manner, would substantially negate or impair the
effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: client_interaction
Difficulty: advanced | Document Type: educational

any code, cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or
repair of any cryptographic equipment; but not including
information concerning the use of cryptographic
equipment and services;
(4) particularly sensitive special access programs, the dis -
closure of which would substantially negate or impair the
effectiveness of the information or activity involved; or
(5) especially sensitive nuclear weapons design informa -
tion (but only for those positions that have been certified
as being of a high degree of importance or sensitivity, as
described in section 145(f) of the Atomic Energy Act of
1954, as amended [42 U.S.C. 2165(f)]).
(b) An employee may not be granted access, or hold a
position designated as requiring access, to information
described in subsection (a) unless, as a condition of access
to such information, the employee:
(1) files with the head of the agency a financial disclo -
sure report, including information with respect to the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

spouse and dependent children of the employee, as part
of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure require -
ments, if selected by the agency head; and
(3) files relevant information concerning foreign travel,
as determined by the Security Executive Agent.
(c) Not later than 180 days after the effective date of
this order, the Security Executive Agent shall develop
procedures for the implementation of this section,
including a standard financial disclosure form for use
by employees under subsection (b) of this section, and
agency heads shall identify certain employees, by position
or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases . As part of all investigations and reinvestigations described
in section 1.2(d) of this order, agencies may request the
Department of the Treasury, under terms and conditions
prescribed by the Secretary of the Treasury, to search


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: hypothetical
Difficulty: intermediate | Document Type: educational

automated data bases consisting of reports of currency
transactions by financial institutions, international
transportation of currency or monetary instruments,
foreign bank and financial accounts, transactions under
$10,000 that are reported as possible money laundering
violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance . The head of
each agency that grants access to classified information
shall establish a program for employees with access to
classified information to: (a) educate employees about
individual responsibilities under this order; and
(b) inform employees about guidance and assistance
available concerning issues that may affect their eligibility
for access to classified information, including sources of
assistance for employees who have questions or concerns
about financial matters, mental health, or substance
abuse.
PART 2—ACCESS ELIGIBILITY POLICY AND
PROCEDURE
Sec. 2.1. Eligibility Determinations . (a) Determinations


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: hypothetical
Difficulty: intermediate | Document Type: educational

of eligibility for access to classified information shall
be based on criteria established under this order.
Such determinations are separate from suitability
determinations with respect to the hiring or retention of
persons for employment by the government or any other
personnel actions.
(b) The number of employees that each agency determines
are eligible for access to classified information shall be
kept to the minimum required for the conduct of agency
functions.
(1) Eligibility for access to classified information shall
not be requested or granted solely to permit entry to,
or ease of movement within, controlled areas when the
employee has no need for access and access to classified
information may reasonably be prevented. Where circum -
stances indicate employees may be inadvertently exposed
to classified information in the course of their duties,
agencies are authorized to grant or deny, in their discre -
tion, facility access approvals to such employees based on
[Page 111]


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Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

102 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 103	an appropriate level of investigation as determined by
each agency.
(2) Except in agencies where eligibility for access is a
mandatory condition of employment, eligibility for access
to classified information shall only be requested or grant -
ed based on a demonstrated, foreseeable need for access.
Requesting or approving eligibility in excess of actual re -
quirements is prohibited.
(3) Eligibility for access to classified information may
be granted where there is a temporary need for access,
such as one-time participation in a classified project, pro -
vided the investigative standards established under this or -
der have been satisfied. In such cases, a fixed date or event
for expiration shall be identified and access to classified
information shall be limited to information related to the
particular project or assignment.
(4) Access to classified information shall be terminated
when an employee no longer has a need for access.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

Sec. 2.2. Level of Access Approval . (a) The level at which an
access approval is granted for an employee shall be limited,
and relate directly, to the level of classified information
for which there is a need for access. Eligibility for access to
a higher level of classified information includes eligibility
for access to information classified at a lower level.
(b) Access to classified information relating to a special
access program shall be granted in accordance with
procedures established by the head of the agency that
created the program or, for programs pertaining to
intelligence activities (including special activities but
not including military operational, strategic, and tactical
programs) or intelligence sources and methods, by the
Director of Central Intelligence. To the extent possible
and consistent with the national security interests of the
United States, such procedures shall be consistent with
the standards and procedures established by and under
this order.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

Sec. 2.3. Temporary Access to Higher Levels . (a) An employee
who has been determined to be eligible for access to
classified information based on favorable adjudication of a
completed investigation may be granted temporary access
to a higher level where security personnel authorized by
the agency head to make access eligibility determinations
find that such access:(1) is necessary to meet operational or contractual exi -
gencies not expected to be of a recurring nature;
(2) will not exceed 180 days; and
(3) is limited to specific, identifiable information that is
made the subject of a written access record.
(b) Where the access granted under subsection (a) of this
section involves another agency’s classified information,
that agency must concur before access to its information
is granted.
Sec. 2.4. Reciprocal Acceptance of Access Eligibility
Determinations . (a) Except when an agency has substantial
information indicating that an employee may not satisfy


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

the standards in section 3.1 of this order, background
investigations and eligibility determinations conducted
under this order shall be mutually and reciprocally
accepted by all agencies.
(b) Except where there is substantial information
indicating that the employee may not satisfy the standards
in section 3.1 of this order, an employee with existing
access to a special access program shall not be denied
eligibility for access to another special access program at
the same sensitivity level as determined personally by the
agency head or deputy agency head, or have an existing
access eligibility readjudicated, so long as the employee
has a need for access to the information involved.
(c) This section shall not preclude agency heads from
establishing additional, but not duplicative, investigative
or adjudicative procedures for a special access program or
for candidates for detail or assignment to their agencies,
where such procedures are required in exceptional


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

circumstances to protect the national security.
(d) Where temporary eligibility for access is granted
under sections 2.3 or 3.3 of this order or where the
determination of eligibility for access is conditional, the
fact of such temporary or conditional access shall be
conveyed to any other agency that considers affording the
employee access to its information.
Sec. 2.5. Specific Access Requirement . (a) Employees who
have been determined to be eligible for access to classified
information shall be given access to classified information
only where there is a need-to-know that information.
[Page 112]
BASIC LAWS and AUTHORITIES  | 103	(b) It is the responsibility of employees who are
authorized holders of classified information to verify that
a prospective recipient’s eligibility for access has been
granted by an authorized agency official and to ensure
that a need-to-know exists prior to allowing such access,
and to challenge requests for access that do not appear
well-founded.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

Sec. 2.6. Access by Non-United States Citizens . (a) Where
there are compelling reasons in furtherance of an agency
mission, immigrant alien and foreign national employees
who possess a special expertise may, in the discretion of the
agency, be granted limited access to classified information
only for specific programs, projects, contracts, licenses,
certificates, or grants for which there is a need for access.
Such individuals shall not be eligible for access to any
greater level of classified information than the United
States Government has determined may be releasable to
the country of which the subject is currently a citizen,
and such limited access may be approved only if the
prior 10 years of the subject’s life can be appropriately
investigated. If there are any doubts concerning granting
access, additional lawful investigative procedures shall be
fully pursued.
(b) Exceptions to these requirements may be permitted
only by the agency head or the senior agency official


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning
Difficulty: basic | Document Type: educational

designated under section 6.1 of this order to further
substantial national security interests.
PART 3—ACCESS ELIGIBILITY STANDARDS
Sec. 3.1. Standards . (a) No employee shall be deemed
to be eligible for access to classified information merely
by reason of Federal service or contracting, licensee,
certificate holder, or grantee status, or as a matter of right
or privilege, or as a result of any particular title, rank,
position, or affiliation.
(b) Except as provided in sections 2.6 and 3.3 of this order,
eligibility for access to classified information shall be
granted only to employees who are United States citizens
for whom an appropriate investigation has been completed
and whose personal and professional history affirmatively
indicates loyalty to the United States, strength of character,
trustworthiness, honesty, reliability, discretion, and sound
judgment, as well as freedom from conflicting allegiances


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and
protection of classified information. A determination of
eligibility for access to such information is a discretionary
security decision based on judgments by appropriately
trained adjudicative personnel or appropriate automated
procedures. Eligibility shall be granted only where facts
and circumstances indicate access to classified information
is clearly consistent with the national security interests of
the United States, and any doubt shall be resolved in favor
of the national security.
(c) The United States Government does not discriminate
on the basis of race, color, religion, sex, national origin,
disability, or sexual orientation in granting access to
classified information.
(d) In determining eligibility for access under this order,
agencies may investigate and consider any matter that
relates to the determination of whether access is clearly


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

consistent with the interests of national security. No
inference concerning the standards in this section may be
raised solely on the basis of the sexual orientation of the
employee.
(e) No negative inference concerning the standards in this
section may be raised solely on the basis of mental health
counseling. Such counseling can be a positive factor
in eligibility determinations. However, mental health
counseling, where relevant to the adjudication of access
to classified information, may justify further inquiry to
determine whether the standards of subsection (b) of this
section are satisfied, and mental health may be considered
where it directly relates to those standards.
(f) Not later than 180 days after the effective date of
this order, the Security Executive Agent shall develop a
common set of adjudicative guidelines for determining
eligibility for access to classified information, including
access to special access programs.
Sec. 3.2. Basis for Eligibility Approval . (a) Eligibility


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

determinations for access to classified information shall
be based on information concerning the applicant or
employee that is acquired through the investigation
conducted pursuant to this order or otherwise available to
security officials and shall be made part of the applicant’s
or employee’s security record. Applicants or employees
shall be required to provide relevant information
[Page 113]
104 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 105	pertaining to their background and character for use in
investigating and adjudicating their eligibility for access.
(b) Not later than 180 days after the effective date of
this order, the Security Executive Agent shall develop a
common set of investigative standards for background
investigations for access to classified information. These
standards may vary for the various levels of access.
(c) Nothing in this order shall prohibit an agency from
utilizing any lawful investigative procedure in addition to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: simple_qa
Difficulty: basic | Document Type: educational

the investigative requirements set forth in this order and
its implementing regulations to resolve issues that may
arise during the course of a background investigation or
reinvestigation.
Sec. 3.3. Special Circumstances . (a) In exceptional
circumstances where official functions must be performed
prior to the completion of the investigative and
adjudication process, temporary eligibility for access to
classified information may be granted to an employee while
the initial investigation is underway. When such eligibility
is granted, the initial investigation shall be expedited.
(1) Temporary eligibility for access under this section
shall include a justification, and the employee must be
notified in writing that further access is expressly condi -
tioned on the favorable completion of the investigation
and issuance of an access eligibility approval. Access will
be immediately terminated, along with any assignment
requiring an access eligibility approval, if such approval
is not granted.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

(2) Temporary eligibility for access may be granted only
by security personnel authorized by the agency head to
make access eligibility determinations and shall be based
on minimum investigative standards developed by the Se -
curity Executive Agent not later than 180 days after the
effective date of this order.
(3) Temporary eligibility for access may be granted only
to particular, identified categories of classified information
necessary to perform the lawful and authorized functions
that are the basis for the granting of temporary access.
(b) Nothing in subsection (a) shall be construed as altering
the authority of an agency head to waive requirements
for granting access to classified information pursuant to
statutory authority.(c) Where access has been terminated under section
2.1(b)(4) of this order and a new need for access arises,
access eligibility up to the same level shall be reapproved
without further investigation as to employees who were


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

determined to be eligible based on a favorable adjudication
of an investigation completed within the prior 5 years,
provided they have remained employed by the same
employer during the period in question, the employee
certifies in writing that there has been no change in the
relevant information provided by the employee for the
last background investigation, and there is no information
that would tend to indicate the employee may no longer
satisfy the standards established by this order for access to
classified information.
(d) Access eligibility shall be reapproved for individuals
who were determined to be eligible based on a favorable
adjudication of an investigation completed within the prior
5 years and who have been retired or otherwise separated
from United States Government employment for not more
than 2 years; provided there is no indication the individual
may no longer satisfy the standards of this order, the
individual certifies in writing that there has been no change


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

in the relevant information provided by the individual
for the last background investigation, and an appropriate
record check reveals no unfavorable information.
Sec. 3.4. Reinvestigation Requirements . (a) Because
circumstances and characteristics may change
dramatically over time and thereby alter the eligibility of
employees for continued access to classified information,
reinvestigations shall be conducted with the same priority
and care as initial investigations.
(b) Employees who are eligible for access to classified
information shall be the subject of periodic reinvestigations
and may also be reinvestigated if, at any time, there is
reason to believe that they may no longer meet the
standards for access established in this order.
(c) Not later than 180 days after the effective date of
this order, the Security Executive Agent shall develop a
common set of reinvestigative standards, including the
frequency of reinvestigations.
Sec. 3.5. Continuous Evaluation . An individual who


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

has been determined to be eligible for or who currently
has access to classified information shall be subject to
[Page 114]
BASIC LAWS and AUTHORITIES  | 105	continuous evaluation under standards (including, but
not limited to, the frequency of such evaluation) as
determined by the Director of National Intelligence.
PART 4—INVESTIGATIONS FOR FOREIGN
GOVERNMENTS
Sec. 4. Authority . Agencies that conduct background
investigations, including the Federal Bureau of
Investigation and the Department of State, are authorized
to conduct personnel security investigations in the United
States when requested by a foreign government as part of
its own personnel security program and with the consent
of the individual.
PART 5—REVIEW OF ACCESS
DETERMINATIONS
Sec. 5.1. Determinations of Need for Access . A determination
under section 2.1(b)(4) of this order that an employee
does not have, or no longer has, a need for access is a
discretionary determination and shall be conclusive.


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Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: legal_dialogue
Difficulty: basic | Document Type: educational

Sec. 5.2. Review Proceedings for Denials or Revocations of
Eligibility for Access . (a) Applicants and employees who
are determined to not meet the standards for access to
classified information established in section 3.1 of this
order shall be:
(1) provided as comprehensive and detailed a written
explanation of the basis for that conclusion as the national
security interests of the United States and other applicable
law permit;
(2) provided within 30 days, upon request and to the
extent the documents would be provided if requested un -
der the Freedom of Information Act (5 U.S.C. 552) or
the Privacy Act (5 U.S.C. 552a), as applicable, any docu -
ments, records, and reports upon which a denial or revo -
cation is based;
(3) informed of their right to be represented by counsel
or other representative at their own expense; to request
any documents, records, and reports as described in sec -
tion 5.2(a)(2) upon which a denial or revocation is based;


# basic laws book 2016 (1)
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Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

and to request the entire investigative file, as permitted
by the national security and other applicable law, which,
if requested, shall be promptly provided prior to the time
set for a written reply;(4) provided a reasonable opportunity to reply in writ -
ing to, and to request a review of, the determination;
(5) provided written notice of and reasons for the re -
sults of the review, the identity of the deciding authority,
and written notice of the right to appeal;
(6) provided an opportunity to appeal in writing to a
high level panel, appointed by the agency head, which
shall be comprised of at least three members, two of
whom shall be selected from outside the security field.
Decisions of the panel shall be in writing, and final except
as provided in subsection (b) of this section; and
(7) provided an opportunity to appear personally and
to present relevant documents, materials, and informa -
tion at some point in the process before an adjudicative


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

or other authority, other than the investigating entity, as
determined by the agency head. A written summary or
recording of such appearance shall be made part of the ap -
plicant’s or employee’s security record, unless such appear -
ance occurs in the presence of the appeals panel described
in subsection (a)(6) of this section.
(b) Nothing in this section shall prohibit an agency
head from personally exercising the appeal authority
in subsection (a)(6) of this section based upon
recommendations from an appeals panel. In such case,
the decision of the agency head shall be final.
(c) Agency heads shall promulgate regulations to
implement this section and, at their sole discretion and
as resources and national security considerations permit,
may provide additional review proceedings beyond those
required by subsection (a) of this section. This section
does not require additional proceedings, however, and
creates no procedural or substantive rights.
(d) When the head of an agency or principal deputy


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

personally certifies that a procedure set forth in this
section cannot be made available in a particular case
without damaging the national security interests of the
United States by revealing classified information, the
particular procedure shall not be made available. This
certification shall be conclusive.
(e) This section shall not be deemed to limit or affect the
responsibility and power of an agency head pursuant to
any law or other Executive order to deny or terminate
[Page 115]
106 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 107	access to classified information in the interests of national
security. The power and responsibility to deny or
terminate access to classified information pursuant to any
law or other Executive order may be exercised only where
the agency head determines that the procedures prescribed
in subsection (a) of this section cannot be invoked in a
manner that is consistent with national security. This
determination shall be conclusive.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: procedural_guide
Difficulty: intermediate | Document Type: educational

(f)(1) This section shall not be deemed to limit or affect
the responsibility and power of an agency head to make
determinations of suitability for employment.
(2) Nothing in this section shall require that an agen -
cy provide the procedures prescribed in subsection (a) of
this section to an applicant where a conditional offer of
employment is withdrawn for reasons of suitability or any
other reason other than denial of eligibility for access to
classified information.
(3) A suitability determination shall not be used for the
purpose of denying an applicant or employee the review
proceedings of this section where there has been a denial or
revocation of eligibility for access to classified information.
PART 6—IMPLEMENTATION
Sec. 6.1. Agency Implementing Responsibilities . Heads of
agencies that grant employees access to classified information
shall: (a) designate a senior agency official to direct and
administer the agency’s personnel security program established


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: educational
Difficulty: intermediate | Document Type: educational

by this order. All such programs shall include active oversight
and continuing security education and awareness programs to
ensure effective implementation of this order;
(b) cooperate, under the guidance of the Security Executive
Agent, with other agencies to achieve practical, consistent,
and effective adjudicative training and guidelines; and
(c) conduct periodic evaluations of the agency’s
implementation and administration of this order,
including the implementation of section 1.3(a) of this
order. Copies of each report shall be provided to the
Security Executive Agent.
Sec. 6.2. Employee Responsibilities . (a) Employees who are
granted eligibility for access to classified information shall:
(1) protect classified information in their custody from
unauthorized disclosure;(2) report all contacts with persons, including foreign
nationals, who seek in any way to obtain unauthorized
access to classified information;
(3) report all violations of security regulations to the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

appropriate security officials; and
(4) comply with all other security requirements set
forth in this order and its implementing regulations.
(b) Employees are encouraged and expected to report
any information that raises doubts as to whether another
employee’s continued eligibility for access to classified
information is clearly consistent with the national security.
Sec. 6.3. Security Executive Agent Responsibilities and
Implementation . (a) With respect to actions taken by the
Security Executive Agent pursuant to sections 1.3(c),
3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the
Director of National Intelligence shall serve as the final
authority for implementation.
(b) Any guidelines, standards, or procedures developed by
the Security Executive Agent pursuant to this order shall
be consistent with those guidelines issued by the Federal
Bureau of Investigation in March 1994 on Background
Investigations Policy/Guidelines Regarding Sexual
Orientation.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: procedural_guide
Difficulty: basic | Document Type: educational

(c) In carrying out its responsibilities under this order, the
Security Executive Agent shall consult where appropriate
with the Overseas Security Executive Agent. In carrying
out its responsibilities under section 1.3(c) of this order,
the Security Executive Agent shall obtain the concurrence
of the Director of the Office of Management and Budget.
Sec. 6.4. Sanctions . Employees shall be subject to
appropriate sanctions if they knowingly and willfully grant
eligibility for, or allow access to, classified information in
violation of this order or its implementing regulations.
Sanctions may include reprimand, suspension without
pay, removal, and other actions in accordance with
applicable law and agency regulations.
PART 7—GENERAL PROVISIONS
Sec. 7.1. Classified Information Procedures Act . Nothing in
this order is intended to alter the procedures established
under the Classified Information Procedures Act (18
U.S.C. App.).
[Page 116]


# basic laws book 2016 (1)
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Topic: Employment Law - Employment Contracts | Sample Type: educational
Difficulty: intermediate | Document Type: educational

BASIC LAWS and AUTHORITIES  | 107	Sec. 7.2. General . (a) Information obtained by an agency
under sections 1.2(e) or 1.3 of this order may not be
disseminated outside the agency, except to:
(1) the agency employing the employee who is the sub -
ject of the records or information;
(2) the Department of Justice for law enforcement or
counterintelligence purposes; or
(3) any agency if such information is clearly relevant to
the authorized responsibilities of such agency.
(b) The Attorney General, at the request of the head of
an agency, shall render an interpretation of this order
with respect to any question arising in the course of its
administration.
(c) No prior Executive orders are repealed by this
order. To the extent that this order is inconsistent
with any provision of any prior Executive order, this
order shall control, except that this order shall not
diminish or otherwise affect the requirements of Executive Order No. 10450 [5 U.S.C. 7311 note],
the denial and revocation procedures provided to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

individuals covered by Executive Order No. 10865,
as amended [set out above], or access by historical
researchers and former presidential appointees under
Executive Order No. 12958 [formerly set out above]
or any successor order.
(d) If any provision of this order or the application of such
provision is held to be invalid, the remainder of this order
shall not be affected.
(e) This Executive order is intended only to improve
the internal management of the executive branch and
is not intended to, and does not, create any right to
administrative or judicial review, or any other right or
benefit or trust responsibility, substantive or procedural,
enforceable by a party against the United States, its
agencies or instrumentalities, its officers or employees, or
any other person.
(f) This order is effective immediately.
[Page 117]
108 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 109	EXECUTIVE ORDER 13467—
REFORMING PROCESSES RELATED TO SUITABILITY
FOR GOVERNMENT EMPLOYMENT , FITNESS FOR


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Rights | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

CONTRACTOR EMPLOYEES, AND ELIGIBILITY FOR ACCESS
TO CLASSIFIED NATIONAL SECURITY INFORMATION
Ex. Ord. No. 13467, June 30, 2008, 73 F .R. 38103, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
and in order to ensure an efficient, practical, reciprocal,
and aligned system for investigating and determining
suitability for Government employment, contractor
employee fitness, and eligibility for access to classified
information, while taking appropriate account of title III
of Public Law 108–458, it is hereby ordered as follows:
PART 1—POLICY, APPLICABILITY, AND
DEFINITIONS
Section 1.1. Policy . Executive branch policies and
procedures relating to suitability, contractor employee
fitness, eligibility to hold a sensitive position, access to
federally controlled facilities and information systems,
and eligibility for access to classified information shall be
aligned using consistent standards to the extent possible,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: client_interaction
Difficulty: intermediate | Document Type: educational

provide for reciprocal recognition, and shall ensure cost-
effective, timely, and efficient protection of the national
interest, while providing fair treatment to those upon
whom the Federal Government relies to conduct our
Nation’s business and protect national security.
Sec. 1.2. Applicability . (a) This order applies to all covered
individuals as defined in section 1.3(g), except that:
(i) the provisions regarding eligibility for physical ac -
cess to federally controlled facilities and logical access to
federally controlled information systems do not apply to
individuals exempted in accordance with guidance pursu -
ant to the Federal Information Security Management Act
(title III ofPublic Law 107–347) and Homeland Security
Presidential Directive 12; and
(ii) the qualification standards for enlistment, appoint -ment, and induction into the Armed Forces pursuant to
title 10, United States Code, are unaffected by this order.
(b) This order also applies to investigations and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: practical_application
Difficulty: intermediate | Document Type: educational

determinations of eligibility for access to classified
information for employees of agencies working in
or for the legislative or judicial branches when those
investigations or determinations are conducted by the
executive branch.
Sec. 1.3. Definitions . For the purpose of this order: (a)
“Adjudication” means the evaluation of pertinent data in
a background investigation, as well as any other available
information that is relevant and reliable, to determine
whether a covered individual is:
(i) suitable for Government employment;
(ii) eligible for logical and physical access;
(iii) eligible for access to classified information;
(iv) eligible to hold a sensitive position; or
(v) fit to perform work for or on behalf of the Govern -
ment as a contractor employee.
(b) “Agency” means any “Executive agency” as defined in
section 105 of title 5, United States Code, including the
“military departments,” as defined in section 102 of title
5, United States Code, and any other entity within the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

executive branch that comes into possession of classified
information or has designated positions as sensitive,
except such an entity headed by an officer who is not a
covered individual.
(c) “Classified information” means information that has
[Page 118]
BASIC LAWS and AUTHORITIES  | 109	been determined pursuant to Executive Order 12958 of
April 17, 1995, as amended [formerly set out above], or a
successor or predecessor order, or the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq .) to require protection
against unauthorized disclosure.
(d) “Continuous evaluation” means reviewing the
background of an individual who has been determined to
be eligible for access to classified information (including
additional or new checks of commercial databases,
Government databases, and other information lawfully
available to security officials) at any time during the
period of eligibility to determine whether that individual
continues to meet the requirements for eligibility for
access to classified information.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

(e) “Contractor” means an expert or consultant (not
appointed under section 3109 of title 5, United States
Code) to an agency; an industrial or commercial
contractor, licensee, certificate holder, or grantee of any
agency, including all subcontractors; a personal services
contractor; or any other category of person who performs
work for or on behalf of an agency (but not a Federal
employee).
(f) “Contractor employee fitness” means fitness based on
character and conduct for work for or on behalf of the
Government as a contractor employee.
(g) “Covered individual” means a person who performs
work for or on behalf of the executive branch, or who
seeks to perform work for or on behalf of the executive
branch, but does not include:
(i) the President or (except to the extent otherwise di -
rected by the President) employees of the President under
section 105 or 107 of title 3, United States Code; or
(ii) the Vice President or (except to the extent other -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

wise directed by the Vice President) employees of the Vice
President under section 106 of title 3 or annual legislative
branch appropriations acts.
(h) “End-to-end automation” means an executive branch-
wide federated system that uses automation to manage
and monitor cases and maintain relevant documentation
of the application (but not an employment application),
investigation, adjudication, and continuous evaluation
processes.(i) “Federally controlled facilities” and “federally con -
trolled information systems” have the meanings prescribed
in guidance pursuant to the Federal Information Security
Management Act (title III of Public Law 107–347) and
Homeland Security Presidential Directive 12.
(j) “Logical and physical access” means access other than
occasional or intermittent access to federally controlled
facilities or information systems.
(k) “Sensitive position” means any position so designated
under Executive Order 10450 of April 27, 1953, as
amended.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

(l) “Suitability” has the meaning and coverage provided
in 5 CFR Part 731.
PART 2—ALIGNMENT, RECIPROCITY, AND
GOVERNANCE
Sec. 2.1. Aligned System . (a) Investigations and
adjudications of covered individuals who require a
determination of suitability, eligibility for logical and
physical access, eligibility to hold a sensitive position,
eligibility for access to classified information, and, as
appropriate, contractor employee fitness, shall be aligned
using consistent standards to the extent possible. Each
successively higher level of investigation and adjudication
shall build upon, but not duplicate, the ones below it.
(b) The aligned system shall employ updated and
consistent standards and methods, enable innovations
with enterprise information technology capabilities and
end-to-end automation to the extent practicable, and
ensure that relevant information maintained by agencies
can be accessed and shared rapidly across the executive
branch, while protecting national security, protecting


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: conversational
Difficulty: advanced | Document Type: educational

privacy-related information, ensuring resulting decisions
are in the national interest, and providing the Federal
Government with an effective workforce.
(c) Except as otherwise authorized by law, background
investigations and adjudications shall be mutually and
reciprocally accepted by all agencies. An agency may
not establish additional investigative or adjudicative
requirements (other than requirements for the conduct
of a polygraph examination consistent with law, directive,
or regulation) that exceed the requirements for suitability,
contractor employee fitness, eligibility for logical or
[Page 119]
110 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 111	physical access, eligibility to hold a sensitive position, or
eligibility for access to classified information without the
approval of the Suitability Executive Agent or Security
Executive Agent, as appropriate, and provided that
approval to establish additional requirements shall be


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

limited to circumstances where additional requirements
are necessary to address significant needs unique to the
agency involved or to protect national security.
Sec. 2.2. Establishment and Functions of Performance
Accountability Council . (a) There is hereby established
a Suitability and Security Clearance Performance
Accountability Council (Council).
(b) The Deputy Director for Management, Office of
Management and Budget, shall serve as Chair of the Council
and shall have authority, direction, and control over the
Council’s functions. Membership on the Council shall
include the Suitability Executive Agent and the Security
Executive Agent. The Chair shall select a Vice Chair to act
in the Chair’s absence. The Chair shall have authority to
designate officials from additional agencies who shall serve
as members of the Council. Council membership shall
be limited to Federal Government employees and shall
include suitability and security professionals.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

(c) The Council shall be accountable to the President to
achieve, consistent with this order, the goals of reform, and
is responsible for driving implementation of the reform
effort, ensuring accountability by agencies, ensuring the
Suitability Executive Agent and the Security Executive
Agent align their respective processes, and sustaining
reform momentum.
(d) The Council shall:
(i) ensure alignment of suitability, security, and, as ap -
propriate, contractor employee fitness investigative and
adjudicative processes;
(ii) hold agencies accountable for the implementation
of suitability, security, and, as appropriate, contractor em -
ployee fitness processes and procedures;
(iii) establish requirements for enterprise information
technology;
(iv) establish annual goals and progress metrics and pre -
pare annual reports on results;(v) ensure and oversee the development of tools and
techniques for enhancing background investigations and
the making of eligibility determinations;


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

(vi) arbitrate disparities in procedures between the Suit -
ability Executive Agent and the Security Executive Agent;
(vii) ensure sharing of best practices; and
(viii) advise the Suitability Executive Agent and the Se -
curity Executive Agent on policies affecting the alignment
of investigations and adjudications.
(e) The Chair may, to ensure the effective implementation
of the policy set forth in section 1.1 of this order and to
the extent consistent with law, assign, in whole or in part,
to the head of any agency (solely or jointly) any function
within the Council’s responsibility relating to alignment
and improvement of investigations and determinations
of suitability, contractor employee fitness, eligibility for
logical and physical access, eligibility for access to classified
information, or eligibility to hold a sensitive position.
Sec. 2.3. Establishment, Designation, and Functions
of Executive Agents . (a) There is hereby established a
Suitability Executive Agent and a Security Executive


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Wrongful Dismissal | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

Agent.
(b) The Director of the Office of Personnel Management
shall serve as the Suitability Executive Agent. As the
Suitability Executive Agent, the Director of the Office of
Personnel Management will continue to be responsible
for developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient,
and timely completion of investigations and adjudications
relating to determinations of suitability and eligibility for
logical and physical access.
(c) The Director of National Intelligence shall serve as the
Security Executive Agent. The Security Executive Agent:
(i) shall direct the oversight of investigations and de -
terminations of eligibility for access to classified informa -
tion or eligibility to hold a sensitive position made by any
agency;
(ii) shall be responsible for developing uniform and
consistent policies and procedures to ensure the effective,
efficient, and timely completion of investigations and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

adjudications relating to determinations of eligibility for
[Page 120]
BASIC LAWS and AUTHORITIES  | 111	access to classified information or eligibility to hold a sen -
sitive position;
(iii) may issue guidelines and instructions to the heads
of agencies to ensure appropriate uniformity, centraliza -
tion, efficiency, effectiveness, and timeliness in processes
relating to determinations by agencies of eligibility for
access to classified information or eligibility to hold a sen -
sitive position;
(iv) shall serve as the final authority to designate an
agency or agencies to conduct investigations of persons
who are proposed for access to classified information to
ascertain whether such persons satisfy the criteria for ob -
taining and retaining access to classified information or
eligibility to hold a sensitive position;
(v) shall serve as the final authority to designate an
agency or agencies to determine eligibility for access to
classified information in accordance with Executive Order


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

12968 of August 2, 1995 [set out above];
(vi) shall ensure reciprocal recognition of eligibility
for access to classified information among the agencies,
including acting as the final authority to arbitrate and
resolve disputes among the agencies involving the reci -
procity of investigations and determinations of eligibility
for access to classified information or eligibility to hold a
sensitive position; and
(vii) may assign, in whole or in part, to the head of any
agency (solely or jointly) any of the functions detailed in
(i) through (vi), above, with the agency’s exercise of such
assigned functions to be subject to the Security Executive
Agent’s oversight and with such terms and conditions (in -
cluding approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate.
(d) Nothing in this order shall be construed in a manner
that would limit the authorities of the Director of the
Office of Personnel Management or the Director of
National Intelligence under law.


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

Sec. 2.4. Additional Functions . (a) The duties assigned to
the Security Policy Board by Executive Order 12968 of
August 2, 1995, to consider, coordinate, and recommend
policy directives for executive branch security policies,
procedures, and practices are reassigned to the Security
Executive Agent.(b) Heads of agencies shall:
(i) carry out any function assigned to the agency head
by the Chair, and shall assist the Chair, the Council, the
Suitability Executive Agent, and the Security Executive
Agent in carrying out any function under sections 2.2 and
2.3 of this order;
(ii) implement any policy or procedure developed pur -
suant to this order;
(iii) to the extent permitted by law, make available to
the Performance Accountability Council, the Suitability
Executive Agent, or the Security Executive Agent such in -
formation as may be requested to implement this order;
(iv) ensure that all actions taken under this order take
account of the counterintelligence interests of the United


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Rights | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

States, as appropriate; and
(v) ensure that actions taken under this order are con -
sistent with the President’s constitutional authority to:
(A) conduct the foreign affairs of the United States;
(B) withhold information the disclosure of which
could impair the foreign relations, the national security,
the deliberative processes of the Executive, or the per -
formance of the Executive’s constitutional duties;
(C) recommend for congressional consideration such
measures as the President may judge necessary or expe -
dient; and
(D) supervise the unitary executive branch.
PART 3—MISCELLANEOUS
Sec. 3. General Provisions . (a) Executive Order 13381 of
June 27, 2005, as amended, is revoked. Nothing in this
order shall:
(i) supersede, impede, or otherwise affect:
(A) Executive Order 10450 of April 27, 1953, as
amended;
(B) Executive Order 10577 of November 23, 1954,
as amended;
(C) Executive Order 12333 of December 4, 1981,
as amended;
[Page 121]


# basic laws book 2016 (1)
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Topic: Employment Law - Wrongful Dismissal | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

112 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 113	(D) Executive Order 12829 of January 6, 1993, as
amended; or
(E) Executive Order 12958 of April 17, 1995, as
amended [formerly set out above]; nor
(ii) diminish or otherwise affect the denial and revoca -
tion procedures provided to individuals covered by Ex -
ecutive Order 10865 of February 20, 1960, as amended.
(b) [Amended Ex. Ord. No. 12968, set out above.]
(c) Nothing in this order shall supersede, impede, or
otherwise affect the remainder of Executive Order 12968
of August 2, 1995, as amended.
(d) [Amended Ex. Ord. No. 12171, set out as a note
under section 7103 of Title 5, Government Organization
and Employees.]
(e) Nothing in this order shall be construed to impair or
otherwise affect the:
(i) authority granted by law to a department or agency, or
the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

(f) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(g) Existing delegations of authority made pursuant to
Executive Order 13381 of June 27, 2005, as amended,
to any agency relating to granting eligibility for access
to classified information and conducting investigations
shall 13 [sic] remain in effect, subject to the exercise of
authorities pursuant to this order to revise or revoke such
delegation.
(h) If any provision of this order or the application of
such provision is held to be invalid, the remainder of this
order shall not be affected.
(i) This order is intended only to improve the internal
management of the executive branch and is not intended
to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity, by any party
against the United States, its agencies, instrumentalities,
or entities, its officers or employees, or any other person.
[Page 122]


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Difficulty: intermediate | Document Type: educational

BASIC LAWS and AUTHORITIES  | 113	EXECUTIVE ORDER 13489—
PRESIDENTIAL RECORDS
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish policies and procedures
governing the assertion of executive privilege by
incumbent and former Presidents in connection with the
release of Presidential records by the National Archives
and Records Administration (NARA) pursuant to the
Presidential Records Act of 1978, it is hereby ordered as
follows:
Section 1.  Definitions.  For purposes of this order:
(a) “Archivist” refers to the Archivist of the United States
or his designee.
(b) “NARA” refers to the National Archives and Records
Administration.
(c) “Presidential Records Act” refers to the Presidential
Records Act, 44 U.S.C. 2201-2207.
(d) “NARA regulations” refers to the NARA regulations
implementing the Presidential Records Act, 36 C.F.R.
Part 1270.
(e) “Presidential records” refers to those documentary


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Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

materials maintained by NARA pursuant to the
Presidential Records Act, including Vice Presidential
records.
(f) “Former President” refers to the former President
during whose term or terms of office particular Presidential
records were created.
(g) A “substantial question of executive privilege” exists if
NARA’s disclosure of Presidential records might impair
national security (including the conduct of foreign
relations), law enforcement, or the deliberative processes
of the executive branch.
(h) A “final court order” is a court order from which no
appeal may be taken.Sec. 2.  Notice of Intent to Disclose Presidential Records.
(a) When the Archivist provides notice to the incumbent and
former Presidents of his intent to disclose Presidential records
pursuant to section 1270.46 of the NARA regulations, the
Archivist, using any guidelines provided by the incumbent
and former Presidents, shall identify any specific materials,
the disclosure of which he believes may raise a substantial


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Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: simple_qa
Difficulty: intermediate | Document Type: educational

question of executive privilege. However, nothing in this
order is intended to affect the right of the incumbent or
former Presidents to invoke executive privilege with respect
to materials not identified by the Archivist. Copies of the
notice for the incumbent President shall be delivered to the
President (through the Counsel to the President) and the
Attorney General (through the Assistant Attorney General
for the Office of Legal Counsel). The copy of the notice
for the former President shall be delivered to the former
President or his designated representative.
(b) Upon the passage of 30 days after receipt by the
incumbent and former Presidents of a notice of intent to
disclose Presidential records, the Archivist may disclose
the records covered by the notice, unless during that time
period the Archivist has received a claim of executive
privilege by the incumbent or former President or the
Archivist has been instructed by the incumbent President