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

(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.
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


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

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.
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 -


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

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
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


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

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
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


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

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.
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


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

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
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.


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

(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
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


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

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
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


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

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
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


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

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
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


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

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.
(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


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

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
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.


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

(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
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


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

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
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


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

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.
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 -


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

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;
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


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

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
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.


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

(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
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]


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

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.
(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.


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

(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
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


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

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
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


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

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.
(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


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

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 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


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

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
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


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

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
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


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

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,
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 -


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

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
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


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

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
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 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


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

approval of the Suitability Executive Agent or Security
Executive Agent, as appropriate, and provided that
approval to establish additional requirements shall be
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


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

as members of the Council. Council membership shall
be limited to Federal Government employees and shall
include suitability and security professionals.
(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 -


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

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;
(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


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

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
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;


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

(ii) shall be responsible for developing uniform and
consistent policies and procedures to ensure the effective,
efficient, and timely completion of investigations and
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;


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

(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
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.


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

(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.
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 -


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

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
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;


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

(B) Executive Order 10577 of November 23, 1954,
as amended;
(C) Executive Order 12333 of December 4, 1981,
as amended;
[Page 121]
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


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

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.
(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


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

against the United States, its agencies, instrumentalities,
or entities, its officers or employees, or any other person.
[Page 122]
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


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

implementing the Presidential Records Act, 36 C.F.R.
Part 1270.
(e) “Presidential records” refers to those documentary
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


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

and former Presidents, shall identify any specific materials,
the disclosure of which he believes may raise a substantial
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


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

privilege by the incumbent or former President or the
Archivist has been instructed by the incumbent President
or his designee to extend the time period for a time certain
and with reason for the extension of time provided in the
notice. If a shorter period of time is required under the
circumstances set forth in section 1270.44 of the NARA
regulations, the Archivist shall so indicate in the notice.
Sec. 3.  Claim of Executive Privilege by Incumbent
President.
(a) Upon receipt of a notice of intent to disclose Presidential
records, the Attorney General (directly or through the
Assistant Attorney General for the Office of Legal Counsel)
and the Counsel to the President shall review as they deem
appropriate the records covered by the notice and consult
with each other, the Archivist, and such other executive
[Page 123]
114 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 115	agencies as they deem appropriate concerning whether
invocation of executive privilege is justified.


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

(b) The Attorney General and the Counsel to the
President, in the exercise of their discretion and after
appropriate review and consultation under subsection (a)
of this section, may jointly determine that invocation of
executive privilege is not justified. The Archivist shall be
notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to
the President believes that the circumstances justify
invocation of executive privilege, the issue shall be
presented to the President by the Counsel to the President
and the Attorney General.
(d) If the President decides to invoke executive
privilege, the Counsel to the President shall notify
the former President, the Archivist, and the Attorney
General in writing of the claim of privilege and the
specific Presidential records to which it relates. After
receiving such notice, the Archivist shall not disclose
the privileged records unless directed to do so by an
incumbent President or by a final court order.


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

Sec. 4.  Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a
living former President, the Archivist shall consult with
the Attorney General (through the Assistant Attorney
General for the Office of Legal Counsel), the Counsel to
the President, and such other executive agencies as the
Archivist deems appropriate concerning the Archivist’s
determination as to whether to honor the former
President’s claim of privilege or instead to disclose the
Presidential records notwithstanding the claim of privilege.
Any determination under section 3 of this order that
executive privilege shall not be invoked by the incumbent
President shall not prejudice the Archivist’s determination
with respect to the former President’s claim of privilege.(b) In making the determination referred to in subsection
(a) of this section, the Archivist shall abide by any
instructions given him by the incumbent President or his


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

designee unless otherwise directed by a final court order.
The Archivist shall notify the incumbent and former
Presidents of his determination at least 30 days prior to
disclosure of the Presidential records, unless a shorter
time period is required in the circumstances set forth in
section 1270.44 of the NARA regulations. 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.
Sec. 5.  General Provisions.
(a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department or agency,
or the head thereof; or
(ii) functions of the Director of the Office of Manage -
ment and Budget relating to budget, administrative, or
legislative proposals.


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

(b) This order shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(c) This order 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
departments, agencies, or entities, its officers, employees,
or agents, or any other person.
Sec. 6.  Revocation.  Executive Order 13233 of November
1, 2001, is revoked.
[Page 124]
BASIC LAWS and AUTHORITIES  | 115	EXECUTIVE ORDER 13526—
CLASSIFIED NATIONAL SECURITY INFORMATION
This order prescribes a uniform system for classifying,
safeguarding, and declassifying national security
information, including information relating to defense
against transnational terrorism. Our democratic principles
require that the American people be informed of the
activities of their Government. Also, our Nation’s progress
depends on the free flow of information both within the
Government and to the American people. Nevertheless,


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

throughout our history, the national defense has required
that certain information be maintained in confidence in
order to protect our citizens, our democratic institutions,
our homeland security, and our interactions with
foreign nations. Protecting information critical to our
Nation’s security and demonstrating our commitment
to open Government through accurate and accountable
application of classification standards and routine, secure,
and effective declassification are equally important
priorities.
NOW, THEREFORE, I, BARACK OBAMA, 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 — ORIGINAL CLASSIFICATION
Section 1.1.  Classification Standards.  (a) Information
may be originally classified under the terms of this order
only if all of the following conditions are met:
(1) an original classification authority is classifying the
information;
(2) the information is owned by, produced by or for,


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

or is under the control of the United States Government;
(3) the information falls within one or more of the cat -
egories of information listed in section 1.4 of this order;
and
(4) the original classification authority determines that
the unauthorized disclosure of the information reasonably could be expected to result in damage to the national se -
curity, which includes defense against transnational ter -
rorism, and the original classification authority is able to
identify or describe the damage.
(b) If there is significant doubt about the need to classify
information, it shall not be classified. This provision does
not:
(1) amplify or modify the substantive criteria or proce -
dures for classification; or
(2) create any substantive or procedural rights subject
to judicial review.
(c) Classified information shall not be declassified
automatically as a result of any unauthorized disclosure of
identical or similar information.
(d) The unauthorized disclosure of foreign government


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

information is presumed to cause damage to the national
security.
Sec. 1.2.  Classification Levels.  (a) Information may be
classified at one of the following three levels:
(1) “Top Secret” shall be applied to information, the
unauthorized disclosure of which reasonably could be ex -
pected to cause exceptionally grave damage to the nation -
al security that the original classification authority is able
to identify or describe.
(2) “Secret” shall be applied to information, the unau -
thorized disclosure of which reasonably could be expected
to cause serious damage to the national security that the
original classification authority is able to identify or de -
scribe.
(3) “Confidential” shall be applied to information, the
unauthorized disclosure of which reasonably could be ex -
pected to cause damage to the national security that the
original classification authority is able to identify or de -
scribe.
[Page 125]


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

116 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 117	(b) Except as otherwise provided by statute, no other
terms shall be used to identify United States classified
information.
(c) If there is significant doubt about the appropriate level
of classification, it shall be classified at the lower level.
Sec. 1.3.  Classification Authority.  (a) The authority to
classify information originally may be exercised only by:
(1) the President and the Vice President;
(2) agency heads and officials designated by the Presi -
dent; and
(3) United States Government officials delegated this
authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information at a
specified level are also authorized to classify information
at a lower level.
(c) Delegation of original classification authority.
(1) Delegations of original classification authority shall
be limited to the minimum required to administer this
order. Agency heads are responsible for ensuring that


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

designated subordinate officials have a demonstrable and
continuing need to exercise this authority.
(2) “Top Secret” original classification authority may be
delegated only by the President, the Vice President, or an
agency head or official designated pursuant to paragraph
(a)(2) of this section.
(3) “Secret” or “Confidential” original classification au -
thority may be delegated only by the President, the Vice
President, an agency head or official designated pursuant
to paragraph (a)(2) of this section, or the senior agency
official designated under section 5.4(d) of this order, pro -
vided that official has been delegated “Top Secret” origi -
nal classification authority by the agency head.
(4) Each delegation of original classification authority
shall be in writing and the authority shall not be redel -
egated except as provided in this order. Each delegation
shall identify the official by name or position.
(5) Delegations of original classification authority shall


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

be reported or made available by name or position to the
Director of the Information Security Oversight Office.(d) All original classification authorities must receive training
in proper classification (including the avoidance of over-
classification) and declassification as provided in this order
and its implementing directives at least once a calendar
year. Such training must include instruction on the proper
safeguarding of classified information and on the sanctions
in section 5.5 of this order that may be brought against
an individual who fails to classify information properly or
protect classified information from unauthorized disclosure.
Original classification authorities who do not receive such
mandatory training at least once within a calendar year shall
have their classification authority suspended by the agency
head or the senior agency official designated under section
5.4(d) of this order until such training has taken place. A
waiver may be granted by the agency head, the deputy agency


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

head, or the senior agency official if an individual is unable
to receive such training due to unavoidable circumstances.
Whenever a waiver is granted, the individual shall receive
such training as soon as practicable.
(e) Exceptional cases. When an employee, government
contractor, licensee, certificate holder, or grantee of an
agency who does not have original classification authority
originates information believed by that person to require
classification, the information shall be protected in a
manner consistent with this order and its implementing
directives. The information shall be transmitted promptly
as provided under this order or its implementing
directives to the agency that has appropriate subject
matter interest and classification authority with respect to
this information. That agency shall decide within 30 days
whether to classify this information.
Sec. 1.4.  Classification Categories. Information shall not
be considered for classification unless its unauthorized


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

disclosure could reasonably be expected to cause
identifiable or describable damage to the national security
in accordance with section 1.2 of this order, and it pertains
to one or more of the following:
(a) military plans, weapons systems, or operations;
(b) foreign government information;
(c) intelligence activities (including covert action),
intelligence sources or methods, or cryptology;
(d) foreign relations or foreign activities of the United
States, including confidential sources;
[Page 126]
BASIC LAWS and AUTHORITIES  | 117	(e) scientific, technological, or economic matters relating
to the national security;
(f) United States Government programs for safeguarding
nuclear materials or facilities;
(g) vulnerabilities or capabilities of systems, installations,
infrastructures, projects, plans, or protection services
relating to the national security; or
(h) the development, production, or use of weapons of
mass destruction.
Sec. 1.5.  Duration of Classification.  (a) At the time of


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

original classification, the original classification authority
shall establish a specific date or event for declassification
based on the duration of the national security sensitivity
of the information. Upon reaching the date or event, the
information shall be automatically declassified. Except
for information that should clearly and demonstrably be
expected to reveal the identity of a confidential human
source or a human intelligence source or key design
concepts of weapons of mass destruction, the date or event
shall not exceed the time frame established in paragraph
(b) of this section.
(b) If the original classification authority cannot determine
an earlier specific date or event for declassification,
information shall be marked for declassification 10 years
from the date of the original decision, unless the original
classification authority otherwise determines that the
sensitivity of the information requires that it be marked
for declassification for up to 25 years from the date of the


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

original decision.
(c) An original classification authority may extend the
duration of classification up to 25 years from the date of
origin of the document, change the level of classification,
or reclassify specific information only when the standards
and procedures for classifying information under this
order are followed.
(d) No information may remain classified indefinitely.
Information marked for an indefinite duration of
classification under predecessor orders, for example,
marked as “Originating Agency’s Determination
Required,” or classified information that contains
incomplete declassification instructions or lacks
declassification instructions shall be declassified in accordance with part 3 of this order.
Sec. 1.6.  Identification and Markings.  (a) At the time of
original classification, the following shall be indicated in a
manner that is immediately apparent:
(1) one of the three classification levels defined in sec -
tion 1.2 of this order;


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

(2) the identity, by name and position, or by personal
identifier, of the original classification authority;
(3) the agency and office of origin, if not otherwise ev -
ident;
(4) declassification instructions, which shall indicate
one of the following:
(A) the date or event for declassification, as prescribed in
section 1.5(a);
(B) the date that is 10 years from the date of original
classification, as prescribed in section 1.5(b);
(C) the date that is up to 25 years from the date of original
classification, as prescribed in section 1.5(b); or
(D) in the case of information that should clearly and
demonstrably be expected to reveal the identity of a
confidential human source or a human intelligence source
or key design concepts of weapons of mass destruction,
the marking prescribed in implementing directives issued
pursuant to this order; and
(5) a concise reason for classification that, at a mini -
mum, cites the applicable classification categories in sec -
tion 1.4 of this order.


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

(b) Specific information required in paragraph (a) of this
section may be excluded if it would reveal additional
classified information.
(c) With respect to each classified document, the agency
originating the document shall, by marking or other
means, indicate which portions are classified, with the
applicable classification level, and which portions are
unclassified. In accordance with standards prescribed
in directives issued under this order, the Director of
the Information Security Oversight Office may grant
and revoke temporary waivers of this requirement. The
Director shall revoke any waiver upon a finding of abuse.
[Page 127]
118 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 119	(d) Markings or other indicia implementing the provisions
of this order, including abbreviations and requirements to
safeguard classified working papers, shall conform to the
standards prescribed in implementing directives issued
pursuant to this order.
(e) Foreign government information shall retain its


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

original classification markings or shall be assigned a U.S.
classification that provides a degree of protection at least
equivalent to that required by the entity that furnished the
information. Foreign government information retaining
its original classification markings need not be assigned a
U.S. classification marking provided that the responsible
agency determines that the foreign government markings
are adequate to meet the purposes served by U.S.
classification markings.
(f) Information assigned a level of classification under this
or predecessor orders shall be considered as classified at
that level of classification despite the omission of other
required markings. Whenever such information is used
in the derivative classification process or is reviewed for
possible declassification, holders of such information shall
coordinate with an appropriate classification authority for
the application of omitted markings.
(g) The classification authority shall, whenever


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

practicable, use a classified addendum whenever classified
information constitutes a small portion of an otherwise
unclassified document or prepare a product to allow for
dissemination at the lowest level of classification possible
or in unclassified form.
(h) Prior to public release, all declassified records shall be
appropriately marked to reflect their declassification.
Sec. 1.7.  Classification Prohibitions and Limitations.
(a) In no case shall information be classified, continue to be
maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or adminis -
trative error;
(2) prevent embarrassment to a person, organization,
or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does
not require protection in the interest of the national security.(b) Basic scientific research information not clearly related
to the national security shall not be classified.


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

(c) Information may not be reclassified after declassification
and release to the public under proper authority unless:
(1) the reclassification is personally approved in writing
by the agency head based on a document-by-document
determination by the agency that reclassification is re -
quired to prevent significant and demonstrable damage to
the national security;
(2) the information may be reasonably recovered with -
out bringing undue attention to the information;
(3) the reclassification action is reported promptly to
the Assistant to the President for National Security Affairs
(National Security Advisor) and the Director of the Infor -
mation Security Oversight Office; and
(4) for documents in the physical and legal custody of
the National Archives and Records Administration (Na -
tional Archives) that have been available for public use,
the agency head has, after making the determinations
required by this paragraph, notified the Archivist of the


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

United States (Archivist), who shall suspend public ac -
cess pending approval of the reclassification action by the
Director of the Information Security Oversight Office.
Any such decision by the Director may be appealed by
the agency head to the President through the National
Security Advisor. Public access shall remain suspended
pending a prompt decision on the appeal.
(d) Information that has not previously been disclosed to the
public under proper authority may be classified or reclassified
after an agency has received a request for it under the Freedom
of Information Act (5 U.S.C. 552), the Presidential Records
Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C.
552a), or the mandatory review provisions of section 3.5 of
this order only if such classification meets the requirements
of this order and is accomplished on a document-by-
document basis with the personal participation or under
the direction of the agency head, the deputy agency head,


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

or the senior agency official designated under section 5.4 of
this order. The requirements in this paragraph also apply to
those situations in which information has been declassified
in accordance with a specific date or event determined by
an original classification authority in accordance with section
1.5 of this order.
[Page 128]
BASIC LAWS and AUTHORITIES  | 119	(e) Compilations of items of information that are
individually unclassified may be classified if the
compiled information reveals an additional association or
relationship that: (1) meets the standards for classification
under this order; and (2) is not otherwise revealed in the
individual items of information.
Sec. 1.8.  Classification Challenges.  (a) Authorized
holders of information who, in good faith, believe that
its classification status is improper are encouraged and
expected to challenge the classification status of the
information in accordance with agency procedures
established under paragraph (b) of this section.


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

(b) In accordance with implementing directives issued
pursuant to this order, an agency head or senior agency
official shall establish procedures under which authorized
holders of information, including authorized holders
outside the classifying agency, are encouraged and
expected to challenge the classification of information
that they believe is improperly classified or unclassified.
These procedures shall ensure that:
(1) individuals are not subject to retribution for bring -
ing such actions;
(2) an opportunity is provided for review by an impar -
tial official or panel; and
(3) individuals are advised of their right to appeal agen -
cy decisions to the Interagency Security Classification Ap -
peals Panel (Panel) established by section 5.3 of this order.
(c) Documents required to be submitted for prepublication
review or other administrative process pursuant to an approved
nondisclosure agreement are not covered by this section.
Sec. 1.9.  Fundamental Classification Guidance Review.


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

(a) Agency heads shall complete on a periodic basis
a comprehensive review of the agency’s classification
guidance, particularly classification guides, to ensure the
guidance reflects current circumstances and to identify
classified information that no longer requires protection
and can be declassified. The initial fundamental
classification guidance review shall be completed within
2 years of the effective date of this order.
(b) The classification guidance review shall include an
evaluation of classified information to determine if it meets the standards for classification under section 1.4 of
this order, taking into account an up-to-date assessment
of likely damage as described under section 1.2 of this
order.
(c) The classification guidance review shall include
original classification authorities and agency subject
matter experts to ensure a broad range of perspectives.
(d) Agency heads shall provide a report summarizing the
results of the classification guidance review to the Director


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

of the Information Security Oversight Office and shall
release an unclassified version of this report to the public.
PART 2—DERIVATIVE CLASSIFICATION
Sec. 2.1.  Use of Derivative Classification.  (a) Persons who
reproduce, extract, or summarize classified information,
or who apply classification markings derived from source
material or as directed by a classification guide, need not
possess original classification authority.
(b) Persons who apply derivative classification markings
shall:
(1) be identified by name and position, or by personal
identifier, in a manner that is immediately apparent for
each derivative classification action;
(2) observe and respect original classification decisions;
and
(3) carry forward to any newly created documents the
pertinent classification markings. For information deriv -
atively classified based on multiple sources, the derivative
classifier shall carry forward:
(A) the date or event for declassification that corre -


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

sponds to the longest period of classification among the
sources, or the marking established pursuant to section
1.6(a)(4)(D) of this order; and
(B) a listing of the source materials.
(c) Derivative classifiers shall, whenever practicable, use
a classified addendum whenever classified information
constitutes a small portion of an otherwise unclassified
document or prepare a product to allow for dissemination
at the lowest level of classification possible or in
unclassified form.
[Page 129]
120 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 121	(d) Persons who apply derivative classification markings
shall receive training in the proper application of the
derivative classification principles of the order, with an
emphasis on avoiding over-classification, at least once
every 2 years. Derivative classifiers who do not receive
such training at least once every 2 years shall have their
authority to apply derivative classification markings


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

suspended until they have received such training. A waiver
may be granted by the agency head, the deputy agency
head, or the senior agency official if an individual is unable
to receive such training due to unavoidable circumstances.
Whenever a waiver is granted, the individual shall receive
such training as soon as practicable.
Sec. 2.2.  Classification Guides.  (a) Agencies with
original classification authority shall prepare classification
guides to facilitate the proper and uniform derivative
classification of information. These guides shall conform
to standards contained in directives issued under this
order.
(b) Each guide shall be approved personally and in writing
by an official who:
(1) has program or supervisory responsibility over the
information or is the senior agency official; and
(2) is authorized to classify information originally at the
highest level of classification prescribed in the guide.
(c) Agencies shall establish procedures to ensure that


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

classification guides are reviewed and updated as provided
in directives issued under this order.
(d) Agencies shall incorporate original classification
decisions into classification guides on a timely basis and
in accordance with directives issued under this order.
(e) Agencies may incorporate exemptions from automatic
declassification approved pursuant to section 3.3(j) of this
order into classification guides, provided that the Panel
is notified of the intent to take such action for specific
information in advance of approval and the information
remains in active use.
(f) The duration of classification of a document classified
by a derivative classifier using a classification guide shall
not exceed 25 years from the date of the origin of the
document, except for:(1) information that should clearly and demonstrably
be expected to reveal the identity of a confidential human
source or a human intelligence source or key design con -
cepts of weapons of mass destruction; and


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

(2) specific information incorporated into classification
guides in accordance with section 2.2(e) of this order.
PART 3—DECLASSIFICATION AND
DOWNGRADING
Sec. 3.1.  Authority for Declassification.  (a) Information
shall be declassified as soon as it no longer meets the
standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classifica -
tion, if that official is still serving in the same position and
has original classification authority;
(2) the originator’s current successor in function, if that
individual has original classification authority;
(3) a supervisory official of either the originator or his
or her successor in function, if the supervisory official has
original classification authority; or
(4) officials delegated declassification authority in writ -
ing by the agency head or the senior agency official of the
originating agency.
(c) The Director of National Intelligence (or, if delegated


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

by the Director of National Intelligence, the Principal
Deputy Director of National Intelligence) may, with
respect to the Intelligence Community, after consultation
with the head of the originating Intelligence Community
element or department, declassify, downgrade, or direct the
declassification or downgrading of information or intelligence
relating to intelligence sources, methods, or activities.
(d) It is presumed that information that continues to
meet the classification requirements under this order
requires continued protection. In some exceptional cases,
however, the need to protect such information may be
outweighed by the public interest in disclosure of the
information, and in these cases the information should
be declassified. When such questions arise, they shall be
referred to the agency head or the senior agency official.
That official will determine, as an exercise of discretion,
[Page 130]
BASIC LAWS and AUTHORITIES  | 121	whether the public interest in disclosure outweighs the


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

damage to the national security that might reasonably be
expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or proce -
dures for classification; or
(2) create any substantive or procedural rights subject
to judicial review.
(e) If the Director of the Information Security Oversight
Office determines that information is classified in violation
of this order, the Director may require the information
to be declassified by the agency that originated the
classification. Any such decision by the Director may be
appealed to the President through the National Security
Advisor. The information shall remain classified pending
a prompt decision on the appeal.
(f) The provisions of this section shall also apply to
agencies that, under the terms of this order, do not have
original classification authority, but had such authority
under predecessor orders.
(g) No information may be excluded from declassification
under section 3.3 of this order based solely on the type


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

of document or record in which it is found. Rather, the
classified information must be considered on the basis of
its content.
(h) Classified nonrecord materials, including artifacts,
shall be declassified as soon as they no longer meet the
standards for classification under this order.
(i) When making decisions under sections 3.3, 3.4, and
3.5 of this order, agencies shall consider the final decisions
of the Panel.
Sec. 3.2.  Transferred Records.  (a) In the case of classified
records transferred in conjunction with a transfer of
functions, and not merely for storage purposes, the
receiving agency shall be deemed to be the originating
agency for purposes of this order.
(b) In the case of classified records that are not officially
transferred as described in paragraph (a) of this section,
but that originated in an agency that has ceased to exist
and for which there is no successor agency, each agency
in possession of such records shall be deemed to be


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

the originating agency for purposes of this order. Such records may be declassified or downgraded by the agency
in possession of the records after consultation with any
other agency that has an interest in the subject matter of
the records.
(c) Classified records accessioned into the National
Archives shall be declassified or downgraded by the
Archivist in accordance with this order, the directives
issued pursuant to this order, agency declassification
guides, and any existing procedural agreement between
the Archivist and the relevant agency head.
(d) The originating agency shall take all reasonable
steps to declassify classified information contained in
records determined to have permanent historical value
before they are accessioned into the National Archives.
However, the Archivist may require that classified records
be accessioned into the National Archives when necessary
to comply with the provisions of the Federal Records Act.
This provision does not apply to records transferred to


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

the Archivist pursuant to section 2203 of title 44, United
States Code, or records for which the National Archives
serves as the custodian of the records of an agency or
organization that has gone out of existence.
(e) To the extent practicable, agencies shall adopt a
system of records management that will facilitate the
public release of documents at the time such documents
are declassified pursuant to the provisions for automatic
declassification in section 3.3 of this order.
Sec. 3.3.  Automatic Declassification.  (a) Subject to
paragraphs (b)–(d) and (g)–(j) of this section, all classified
records that (1) are more than 25 years old and (2) have
been determined to have permanent historical value
under title 44, United States Code, shall be automatically
declassified whether or not the records have been reviewed.
All classified records shall be automatically declassified on
December 31 of the year that is 25 years from the date
of origin, except as provided in paragraphs (b)–(d) and


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

(g)–(i) of this section. If the date of origin of an individual
record cannot be readily determined, the date of original
classification shall be used instead.
(b) An agency head may exempt from automatic
declassification under paragraph (a) of this section
specific information, the release of which should clearly
and demonstrably be expected to:
[Page 131]
122 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 123	(1) reveal the identity of a confidential human source, a
human intelligence source, a relationship with an intelli -
gence or security service of a foreign government or inter -
national organization, or a nonhuman intelligence source;
or impair the effectiveness of an intelligence method cur -
rently in use, available for use, or under development;
(2) reveal information that would assist in the develop -
ment, production, or use of weapons of mass destruction;
(3) reveal information that would impair U.S. crypto -
logic systems or activities;


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

(4) reveal information that would impair the applica -
tion of state-of-the-art technology within a U.S. weapon
system;
(5) reveal formally named or numbered U.S. military
war plans that remain in effect, or reveal operational or
tactical elements of prior plans that are contained in such
active plans;
(6) reveal information, including foreign government
information, that would cause serious harm to relations
between the United States and a foreign government, or
to ongoing diplomatic activities of the United States;
(7) reveal information that would impair the current
ability of United States Government officials to protect
the President, Vice President, and other protectees for
whom protection services, in the interest of the national
security, are authorized;
(8) reveal information that would seriously impair cur -
rent national security emergency preparedness plans or
reveal current vulnerabilities of systems, installations, or
infrastructures relating to the national security; or


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

(9) violate a statute, treaty, or international agreement
that does not permit the automatic or unilateral declassi -
fication of information at 25 years.
(c)(1) An agency head shall notify the Panel of any specific
file series of records for which a review or assessment
has determined that the information within that file
series almost invariably falls within one or more of the
exemption categories listed in paragraph (b) of this section
and that the agency proposes to exempt from automatic
declassification at 25 years.(2) The notification shall include:
(A) a description of the file series;
(B) an explanation of why the information within
the file series is almost invariably exempt from auto -
matic declassification and why the information must
remain classified for a longer period of time; and
(C) except when the information within the file se -
ries almost invariably identifies a confidential human
source or a human intelligence source or key design


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

concepts of weapons of mass destruction, a specific date
or event for declassification of the information, not to
exceed December 31 of the year that is 50 years from
the date of origin of the records.
(3) The Panel may direct the agency not to exempt a
designated file series or to declassify the information with -
in that series at an earlier date than recommended. The
agency head may appeal such a decision to the President
through the National Security Advisor.
(4) File series exemptions approved by the President
prior to December 31, 2008, shall remain valid without
any additional agency action pending Panel review by the
later of December 31, 2010, or December 31 of the year
that is 10 years from the date of previous approval.
(d) The following provisions shall apply to the onset of
automatic declassification:
(1) Classified records within an integral file block, as
defined in this order, that are otherwise subject to auto -
matic declassification under this section shall not be auto -


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

matically declassified until December 31 of the year that
is 25 years from the date of the most recent record within
the file block.
(2) After consultation with the Director of the National
Declassification Center (the Center) established by sec -
tion 3.7 of this order and before the records are subject to
automatic declassification, an agency head or senior agen -
cy official may delay automatic declassification for up to
five additional years for classified information contained
in media that make a review for possible declassification
exemptions more difficult or costly.
(3) Other than for records that are properly exempted
from automatic declassification, records containing clas -
[Page 132]
BASIC LAWS and AUTHORITIES  | 123	sified information that originated with other agencies or
the disclosure of which would affect the interests or ac -
tivities of other agencies with respect to the classified in -
formation and could reasonably be expected to fall under


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

one or more of the exemptions in paragraph (b) of this
section shall be identified prior to the onset of automatic
declassification for later referral to those agencies.
(A) The information of concern shall be referred by
the Center established by section 3.7 of this order, or by
the centralized facilities referred to in section 3.7(e) of
this order, in a prioritized and scheduled manner deter -
mined by the Center.
(B) If an agency fails to provide a final determina -
tion on a referral made by the Center within 1 year
of referral, or by the centralized facilities referred to in
section 3.7(e) of this order within 3 years of referral, its
equities in the referred records shall be automatically
declassified.
(C) If any disagreement arises between affected agen -
cies and the Center regarding the referral review period,
the Director of the Information Security Oversight Of -
fice shall determine the appropriate period of review of
referred records.
(D) Referrals identified prior to the establishment of


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

the Center by section 3.7 of this order shall be subject
to automatic declassification only in accordance with
subparagraphs (d)(3)(A)–(C) of this section.
(4) After consultation with the Director of the Infor -
mation Security Oversight Office, an agency head may
delay automatic declassification for up to 3 years from the
date of discovery of classified records that were inadver -
tently not reviewed prior to the effective date of automatic
declassification.
(e) Information exempted from automatic declassification
under this section shall remain subject to the mandatory
and systematic declassification review provisions of this
order.
(f) The Secretary of State shall determine when the
United States should commence negotiations with
the appropriate officials of a foreign government or
international organization of governments to modify
any treaty or international agreement that requires the classification of information contained in records affected


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

by this section for a period longer than 25 years from
the date of its creation, unless the treaty or international
agreement pertains to information that may otherwise
remain classified beyond 25 years under this section.
(g) The Secretary of Energy shall determine when
information concerning foreign nuclear programs that
was removed from the Restricted Data category in order
to carry out provisions of the National Security Act of
1947, as amended, may be declassified. Unless otherwise
determined, such information shall be declassified when
comparable information concerning the United States
nuclear program is declassified.
(h) Not later than 3 years from the effective date
of this order, all records exempted from automatic
declassification under paragraphs (b) and (c) of this
section shall be automatically declassified on December
31 of a year that is no more than 50 years from the date of
origin, subject to the following:
(1) Records that contain information the release of


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

which should clearly and demonstrably be expected to
reveal the following are exempt from automatic declassi -
fication at 50 years:
(A) the identity of a confidential human source or a
human intelligence source; or
(B) key design concepts of weapons of mass destruc -
tion.
(2) In extraordinary cases, agency heads may, within 5
years of the onset of automatic declassification, propose
to exempt additional specific information from declassi -
fication at 50 years.
(3) Records exempted from automatic declassification
under this paragraph shall be automatically declassified
on December 31 of a year that is no more than 75 years
from the date of origin unless an agency head, within 5
years of that date, proposes to exempt specific informa -
tion from declassification at 75 years and the proposal is
formally approved by the Panel.
(i) Specific records exempted from automatic
declassification prior to the establishment of the Center
described in section 3.7 of this order shall be subject to the
[Page 133]