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

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.
(b) The Attorney General and the Counsel to the
President, in the exercise of their discretion and after


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

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.
Sec. 4.  Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a


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

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
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


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

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.
(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


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

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,
throughout our history, the national defense has required
that certain information be maintained in confidence in
order to protect our citizens, our democratic institutions,


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

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,
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


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

(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
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:


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

(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]
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


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

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
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


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

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
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-


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

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
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.


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

(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
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:


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

(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
original classification, the original classification authority
shall establish a specific date or event for declassification
based on the duration of the national security sensitivity


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

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
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,


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

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;
(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


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

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.
(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


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

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
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


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

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
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.


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

(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.
(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 -


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

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
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


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

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

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.
(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


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

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.
(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


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

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
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


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

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 -
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


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

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
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


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

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
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


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

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
(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:


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

(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
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


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

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
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


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

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
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.


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

(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
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


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

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
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


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

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
(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


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

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;
(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


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

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
(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


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

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
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 -


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

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 -
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


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

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
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


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

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
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


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

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
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


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

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
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


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

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]
124 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 125	provisions of paragraph (h) of this section in a scheduled
and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to
automatic declassification under this section, an agency


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

head or senior agency official shall notify the Director
of the Information Security Oversight Office, serving
as Executive Secretary of the Panel, of any specific
information that the agency proposes to exempt from
automatic declassification under paragraphs (b) and (h)
of this section.
(1) The notification shall include:
(A) a detailed description of the information, either
by reference to information in specific records or in the
form of a declassification guide;
(B) an explanation of why the information should
be exempt from automatic declassification and must re -
main classified for a longer period of time; and
(C) a specific date or a specific and independently
verifiable event for automatic declassification of specific
records that contain the information proposed for ex -
emption.
(2) The Panel may direct the agency not to exempt the
information or to declassify it at an earlier date than rec -
ommended. An agency head may appeal such a decision


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

to the President through the National Security Advisor.
The information will remain classified while such an ap -
peal is pending.
(k) For information in a file series of records determined
not to have permanent historical value, the duration of
classification beyond 25 years shall be the same as the
disposition (destruction) date of those records in each
Agency Records Control Schedule or General Records
Schedule, although the duration of classification shall
be extended if the record has been retained for business
reasons beyond the scheduled disposition date.
Sec. 3.4.  Systematic Declassification Review.  (a) Each
agency that has originated classified information under
this order or its predecessors shall establish and conduct a
program for systematic declassification review for records
of permanent historical value exempted from automatic
declassification under section 3.3 of this order. Agencies shall prioritize their review of such records in accordance


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

with priorities established by the Center.
(b) The Archivist shall conduct a systematic
declassification review program for classified records:  (1)
accessioned into the National Archives; (2) transferred to
the Archivist pursuant to 44 U.S.C. 2203; and (3) for
which the National Archives serves as the custodian for
an agency or organization that has gone out of existence.
Sec. 3.5.  Mandatory Declassification Review.  (a)
Except as provided in paragraph (b) of this section, all
information classified under this order or predecessor
orders shall be subject to a review for declassification by
the originating agency if:
(1) the request for a review describes the document or
material containing the information with sufficient spec -
ificity to enable the agency to locate it with a reasonable
amount of effort;
(2) the document or material containing the informa -
tion responsive to the request is not contained within an
operational file exempted from search and review, publi -


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

cation, and disclosure under 5 U.S.C. 552 in accordance
with law; and
(3) the information is not the subject of pending liti -
gation.
(b) Information originated by the incumbent President or
the incumbent Vice President; the incumbent President’s
White House Staff or the incumbent Vice President’s
Staff; committees, commissions, or boards appointed
by the incumbent President; or other entities within
the Executive Office of the President that solely advise
and assist the incumbent President is exempted from the
provisions of paragraph (a) of this section. However, the
Archivist shall have the authority to review, downgrade,
and declassify papers or records of former Presidents
and Vice Presidents under the control of the Archivist
pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203.
Review procedures developed by the Archivist shall
provide for consultation with agencies having primary
subject matter interest and shall be consistent with the
provisions of applicable laws or lawful agreements that


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

pertain to the respective Presidential papers or records.
Agencies with primary subject matter interest shall be
notified promptly of the Archivist’s decision. Any final
[Page 134]
BASIC LAWS and AUTHORITIES  | 125	decision by the Archivist may be appealed by the requester
or an agency to the Panel. The information shall remain
classified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for
declassification shall declassify information that no longer
meets the standards for classification under this order.
They shall release this information unless withholding is
otherwise authorized and warranted under applicable law.
(d) If an agency has reviewed the requested information
for declassification within the past 2 years, the agency
need not conduct another review and may instead inform
the requester of this fact and the prior review decision
and advise the requester of appeal rights provided under
subsection (e) of this section.


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

(e) In accordance with directives issued pursuant to this
order, agency heads shall develop procedures to process
requests for the mandatory review of classified information.
These procedures shall apply to information classified under
this or predecessor orders. They also shall provide a means
for administratively appealing a denial of a mandatory
review request, and for notifying the requester of the right
to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the
Secretary of Defense shall develop special procedures
for the review of cryptologic information; the Director
of National Intelligence shall develop special procedures
for the review of information pertaining to intelligence
sources, methods, and activities; and the Archivist shall
develop special procedures for the review of information
accessioned into the National Archives.
(g) Documents required to be submitted for prepublication
review or other administrative process pursuant to an


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

approved nondisclosure agreement are not covered by
this section.
(h) This section shall not apply to any request for a review
made to an element of the Intelligence Community that
is made by a person other than an individual as that
term is defined by 5 U.S.C. 552a(a)(2), or by a foreign
government entity or any representative thereof.
Sec. 3.6.  Processing Requests and Reviews.  Notwithstanding
section 4.1(i) of this order, in response to a request for
information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the
mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the existence
or nonexistence of requested records whenever the fact
of their existence or nonexistence is itself classified under
this order or its predecessors.
(b) When an agency receives any request for documents
in its custody that contain classified information that
originated with other agencies or the disclosure of which


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

would affect the interests or activities of other agencies
with respect to the classified information, or identifies
such documents in the process of implementing sections
3.3 or 3.4 of this order, it shall refer copies of any request
and the pertinent documents to the originating agency
for processing and may, after consultation with the
originating agency, inform any requester of the referral
unless such association is itself classified under this order
or its predecessors. In cases in which the originating
agency determines in writing that a response under
paragraph (a) of this section is required, the referring
agency shall respond to the requester in accordance with
that paragraph.
(c) Agencies may extend the classification of information
in records determined not to have permanent historical
value or nonrecord materials, including artifacts, beyond
the time frames established in sections 1.5(b) and 2.2(f)
of this order, provided:
(1) the specific information has been approved pursu -


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

ant to section 3.3(j) of this order for exemption from au -
tomatic declassification; and
(2) the extension does not exceed the date established in
section 3.3(j) of this order.
Sec. 3.7.  National Declassification Center  (a) There
is established within the National Archives a National
Declassification Center to streamline declassification
processes, facilitate quality-assurance measures,
and implement standardized training regarding the
declassification of records determined to have permanent
historical value. There shall be a Director of the Center
who shall be appointed or removed by the Archivist
in consultation with the Secretaries of State, Defense,
Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence.
[Page 135]
126 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 127	(b) Under the administration of the Director, the Center
shall coordinate:
(1) timely and appropriate processing of referrals in


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

accordance with section 3.3(d)(3) of this order for ac -
cessioned Federal records and transferred presidential re -
cords.
(2) general interagency declassification activities neces -
sary to fulfill the requirements of sections 3.3 and 3.4 of
this order;
(3) the exchange among agencies of detailed declassifi -
cation guidance to enable the referral of records in accor -
dance with section 3.3(d)(3) of this order;
(4) the development of effective, transparent, and stan -
dard declassification work processes, training, and quality
assurance measures;
(5) the development of solutions to declassification
challenges posed by electronic records, special media, and
emerging technologies;
(6) the linkage and effective utilization of existing agen -
cy databases and the use of new technologies to docu -
ment and make public declassification review decisions
and support declassification activities under the purview
of the Center; and
(7) storage and related services, on a reimbursable basis,


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

for Federal records containing classified national security
information.
(c) Agency heads shall fully cooperate with the Archivist
in the activities of the Center and shall:
(1) provide the Director with adequate and current de -
classification guidance to enable the referral of records in
accordance with section 3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign agency per -
sonnel to the Center who shall be delegated authority by
the agency head to review and exempt or declassify infor -
mation originated by their agency contained in records
accessioned into the National Archives, after consultation
with subject-matter experts as necessary.
(d) The Archivist, in consultation with representatives of
the participants in the Center and after input from the general public, shall develop priorities for declassification
activities under the purview of the Center that take
into account the degree of researcher interest and the
likelihood of declassification.


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

(e) Agency heads may establish such centralized facilities
and internal operations to conduct internal declassification
reviews as appropriate to achieve optimized records
management and declassification business processes.
Once established, all referral processing of accessioned
records shall take place at the Center, and such agency
facilities and operations shall be coordinated with the
Center to ensure the maximum degree of consistency in
policies and procedures that relate to records determined
to have permanent historical value.
(f) Agency heads may exempt from automatic
declassification or continue the classification of their
own originally classified information under section 3.3(a)
of this order except that in the case of the Director of
National Intelligence, the Director shall also retain such
authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of
State, Defense, Energy, and Homeland Security, the Attorney


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

General, the Director of National Intelligence, the Director
of the Central Intelligence Agency, and the Director of the
Information Security Oversight Office, provide the National
Security Advisor with a detailed concept of operations for the
Center and a proposed implementing directive under section
5.1 of this order that reflects the coordinated views of the
aforementioned agencies.
PART 4—SAFEGUARDING
Sec. 4.1.  General Restrictions on Access.  (a) A person
may have access to classified information provided that:
(1) a favorable determination of eligibility for access
has been made by an agency head or the agency head’s
designee;
(2) the person has signed an approved nondisclosure
agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access
to classified information in paragraph (a) of this section
shall receive contemporaneous training on the proper
[Page 136]


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

BASIC LAWS and AUTHORITIES  | 127	safeguarding of classified information and on the
criminal, civil, and administrative sanctions that may be
imposed on an individual who fails to protect classified
information from unauthorized disclosure.
(c) An official or employee leaving agency service may not
remove classified information from the agency’s control
or direct that information be declassified in order to
remove it from agency control.
(d) Classified information may not be removed from
official premises without proper authorization.
(e) Persons authorized to disseminate classified
information outside the executive branch shall ensure the
protection of the information in a manner equivalent to
that provided within the executive branch.
(f) Consistent with law, executive orders, directives, and
regulations, an agency head or senior agency official
or, with respect to the Intelligence Community, the
Director of National Intelligence, shall establish uniform


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

procedures to ensure that automated information systems,
including networks and telecommunications systems,
that collect, create, communicate, compute, disseminate,
process, or store classified information:
(1) prevent access by unauthorized persons;
(2) ensure the integrity of the information; and
(3) to the maximum extent practicable, use:
(A) common information technology standards, pro -
tocols, and interfaces that maximize the availability of,
and access to, the information in a form and manner
that facilitates its authorized use; and
(B) standardized electronic formats to maximize the
accessibility of information to persons who meet the
criteria set forth in section 4.1(a) of this order.
(g) Consistent with law, executive orders, directives, and
regulations, each agency head or senior agency official, or
with respect to the Intelligence Community, the Director
of National Intelligence, shall establish controls to ensure
that classified information is used, processed, stored,


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

reproduced, transmitted, and destroyed under conditions
that provide adequate protection and prevent access by
unauthorized persons.(h) Consistent with directives issued pursuant to this
order, an agency shall safeguard foreign government
information under standards that provide a degree of
protection at least equivalent to that required by the
government or international organization of governments
that furnished the information. When adequate to achieve
equivalency, these standards may be less restrictive than
the safeguarding standards that ordinarily apply to U.S.
“Confidential” information, including modified handling
and transmission and allowing access to individuals with
a need-to-know who have not otherwise been cleared for
access to classified information or executed an approved
nondisclosure agreement.
(i)(1) Classified information originating in one agency
may be disseminated to another agency or U.S. entity by
any agency to which it has been made available without


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

the consent of the originating agency, as long as the
criteria for access under section 4.1(a) of this order are
met, unless the originating agency has determined that
prior authorization is required for such dissemination
and has marked or indicated such requirement on
the medium containing the classified information
in accordance with implementing directives issued
pursuant to this order.
(2) Classified information originating in one agency
may be disseminated by any other agency to which it has
been made available to a foreign government in accor -
dance with statute, this order, directives implementing
this order, direction of the President, or with the consent
of the originating agency. For the purposes of this section,
“foreign government” includes any element of a foreign
government, or an international organization of govern -
ments, or any element thereof.
(3) Documents created prior to the effective date of this
order shall not be disseminated outside any other agency


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

to which they have been made available without the con -
sent of the originating agency. An agency head or senior
agency official may waive this requirement for specific in -
formation that originated within that agency.
(4) For purposes of this section, the Department of De -
fense shall be considered one agency, except that any dis -
semination of information regarding intelligence sources,
methods, or activities shall be consistent with directives
issued pursuant to section 6.2(b) of this order.
[Page 137]
128 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 129	(5) Prior consent of the originating agency is not re -
quired when referring records for declassification review
that contain information originating in more than one
agency.
Sec. 4.2.  Distribution Controls.  (a) The head of
each agency shall establish procedures in accordance
with applicable law and consistent with directives
issued pursuant to this order to ensure that classified


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

information is accessible to the maximum extent possible
by individuals who meet the criteria set forth in section
4.1(a) of this order.
(b) In an emergency, when necessary to respond to an
imminent threat to life or in defense of the homeland, the
agency head or any designee may authorize the disclosure
of classified information (including information marked
pursuant to section 4.1(i)(1) of this order) to an individual
or individuals who are otherwise not eligible for access.
Such actions shall be taken only in accordance with
directives implementing this order and any procedure
issued by agencies governing the classified information,
which shall be designed to minimize the classified
information that is disclosed under these circumstances
and the number of individuals who receive it. Information
disclosed under this provision or implementing directives
and procedures shall not be deemed declassified as a result
of such disclosure or subsequent use by a recipient. Such


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

disclosures shall be reported promptly to the originator
of the classified information. For purposes of this
section, the Director of National Intelligence may issue
an implementing directive governing the emergency
disclosure of classified intelligence information.
(c) Each agency shall update, at least annually, the
automatic, routine, or recurring distribution mechanism
for classified information that it distributes. Recipients
shall cooperate fully with distributors who are updating
distribution lists and shall notify distributors whenever a
relevant change in status occurs.
Sec. 4.3.  Special Access Programs.  (a) Establishment
of special access programs. Unless otherwise authorized
by the President, only the Secretaries of State, Defense,
Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence, or the principal
deputy of each, may create a special access program. For


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

special access programs pertaining to intelligence sources, methods, and activities (but not including military
operational, strategic, and tactical programs), this function
shall be exercised by the Director of National Intelligence.
These officials shall keep the number of these programs
at an absolute minimum, and shall establish them only
when the program is required by statute or upon a specific
finding that:
(1) the vulnerability of, or threat to, specific informa -
tion is exceptional; and
(2) the normal criteria for determining eligibility for ac -
cess applicable to information classified at the same level
are not deemed sufficient to protect the information from
unauthorized disclosure.
(b) Requirements and limitations.  (1) Special access
programs shall be limited to programs in which the
number of persons who ordinarily will have access will
be reasonably small and commensurate with the objective
of providing enhanced protection for the information
involved.


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

(2) Each agency head shall establish and maintain a sys -
tem of accounting for special access programs consistent
with directives issued pursuant to this order.
(3) Special access programs shall be subject to the
oversight program established under section 5.4(d) of
this order. In addition, the Director of the Informa -
tion Security Oversight Office shall be afforded access
to these programs, in accordance with the security re -
quirements of each program, in order to perform the
functions assigned to the Information Security Over -
sight Office under this order. An agency head may lim -
it access to a special access program to the Director
of the Information Security Oversight Office and no
more than one other employee of the Information Se -
curity Oversight Office or, for special access programs
that are extraordinarily sensitive and vulnerable, to the
Director only.
(4) The agency head or principal deputy shall review
annually each special access program to determine wheth -


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

er it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the Na -
tional Security Advisor, or a designee, on any or all of the
agency’s special access programs.
[Page 138]
BASIC LAWS and AUTHORITIES  | 129	(6) For the purposes of this section, the term “agen -
cy head” refers only to the Secretaries of State, Defense,
Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence, or the principal
deputy of each.
(c) Nothing in this order shall supersede any requirement
made by or under 10 U.S.C. 119.
Sec. 4.4.  Access by Historical Researchers and Certain
Former Government Personnel.  (a) The requirement
in section 4.1(a)(3) of this order that access to classified
information may be granted only to individuals who
have a need to-know the information may be waived for
persons who:
(1) are engaged in historical research projects;
(2) previously have occupied senior policy-making po -


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

sitions to which they were appointed or designated by the
President or the Vice President; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the
agency head or senior agency official of the originating
agency:
(1) determines in writing that access is consistent with
the interest of the national security;
(2) takes appropriate steps to protect classified infor -
mation from unauthorized disclosure or compromise, and
ensures that the information is safeguarded in a manner
consistent with this order; and
(3) limits the access granted to former Presidential ap -
pointees or designees and Vice Presidential appointees or
designees to items that the person originated, reviewed,
signed, or received while serving as a Presidential or Vice
Presidential appointee or designee.
PART 5—IMPLEMENTATION AND REVIEW
Sec. 5.1.  Program Direction.  (a) The Director of the
Information Security Oversight Office, under the
direction of the Archivist and in consultation with the


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

National Security Advisor, shall issue such directives as
are necessary to implement this order. These directives
shall be binding on the agencies. Directives issued by the Director of the Information Security Oversight Office
shall establish standards for:
(1) classification, declassification, and marking princi -
ples;
(2) safeguarding classified information, which shall
pertain to the handling, storage, distribution, transmittal,
and destruction of and accounting for classified informa -
tion;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and
monitoring functions of this program to the Director of
the Information Security Oversight Office.
(c) The Director of National Intelligence, after
consultation with the heads of affected agencies and the
Director of the Information Security Oversight Office,
may issue directives to implement this order with respect


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

to the protection of intelligence sources, methods, and
activities. Such directives shall be consistent with this
order and directives issued under paragraph (a) of this
section.
Sec. 5.2.  Information Security Oversight Office.  (a)
There is established within the National Archives an
Information Security Oversight Office. The Archivist
shall appoint the Director of the Information Security
Oversight Office, subject to the approval of the President.
(b) Under the direction of the Archivist, acting in
consultation with the National Security Advisor, the
Director of the Information Security Oversight Office
shall:
(1) develop directives for the implementation of this
order;
(2) oversee agency actions to ensure compliance with
this order and its implementing directives;
(3) review and approve agency implementing regula -
tions prior to their issuance to ensure their consistency
with this order and directives issued under section 5.1(a)
of this order;
[Page 139]


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Topic: Contract Law - Remedies | Sample Type: simple_qa
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130 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 131	(4) have the authority to conduct on-site reviews of
each agency’s program established under this order, and
to require of each agency those reports and information
and other cooperation that may be necessary to fulfill its
responsibilities. If granting access to specific categories of
classified information would pose an exceptional national
security risk, the affected agency head or the senior agency
official shall submit a written justification recommending
the denial of access to the President through the National
Security Advisor within 60 days of the request for access.
Access shall be denied pending the response;
(5) review requests for original classification authority
from agencies or officials not granted original classifica -
tion authority and, if deemed appropriate, recommend
Presidential approval through the National Security Ad -
visor;
(6) consider and take action on complaints and sug -


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

gestions from persons within or outside the Government
with respect to the administration of the program estab -
lished under this order;
(7) have the authority to prescribe, after consultation
with affected agencies, standardization of forms or proce -
dures that will promote the implementation of the pro -
gram established under this order;
(8) report at least annually to the President on the im -
plementation of this order; and
(9) convene and chair interagency meetings to discuss
matters pertaining to the program established by this order.
Sec. 5.3.  Interagency Security Classification Appeals
Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security Classifi -
cation Appeals Panel. The Departments of State, Defense,
and Justice, the National Archives, the Office of the Di -
rector of National Intelligence, and the National Security
Advisor shall each be represented by a senior-level repre -
sentative who is a full-time or permanent part-time Fed -


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

eral officer or employee designated to serve as a member
of the Panel by the respective agency head. The President
shall designate a Chair from among the members of the
Panel.(2) Additionally, the Director of the Central Intelli -
gence Agency may appoint a temporary representative
who meets the criteria in paragraph (a)(1) of this section
to participate as a voting member in all Panel delibera -
tions and associated support activities concerning classi -
fied information originated by the Central Intelligence
Agency.
(3) A vacancy on the Panel shall be filled as quickly as
possible as provided in paragraph (a)(1) of this section.
(4) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary of the Pan -
el. The staff of the Information Security Oversight Office
shall provide program and administrative support for the
Panel.
(5) The members and staff of the Panel shall be required
to meet eligibility for access standards in order to fulfill
the Panel’s functions.


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

(6) The Panel shall meet at the call of the Chair. The
Chair shall schedule meetings as may be necessary for the
Panel to fulfill its functions in a timely manner.
(7) The Information Security Oversight Office shall
include in its reports to the President a summary of the
Panel’s activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed classifi -
cation challenges under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions from
automatic declassification as provided in section 3.3 of
this order;
(3) decide on appeals by persons or entities who have
filed requests for mandatory declassification review under
section 3.5 of this order; and
(4) appropriately inform senior agency officials and the
public of final Panel decisions on appeals under sections
1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws,
which shall be published in the Federal Register. The
bylaws shall establish the rules and procedures that the


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

Panel will follow in accepting, considering, and issuing
[Page 140]
BASIC LAWS and AUTHORITIES  | 131	decisions on appeals. The rules and procedures of the
Panel shall provide that the Panel will consider appeals
only on actions in which:
(1) the appellant has exhausted his or her administra -
tive remedies within the responsible agency;
(2) there is no current action pending on the issue with -
in the Federal courts; and
(3) the information has not been the subject of review
by the Federal courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel
so that it can fulfill its functions in a timely and fully
informed manner. The Panel shall report to the President
through the National Security Advisor any instance in
which it believes that an agency head is not cooperating
fully with the Panel.
(e) The Panel is established for the sole purpose of
advising and assisting the President in the discharge of his
constitutional and discretionary authority to protect the


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

national security of the United States. Panel decisions are
committed to the discretion of the Panel, unless changed
by the President.
(f) An agency head may appeal a decision of the Panel to
the President through the National Security Advisor. The
information shall remain classified pending a decision on
the appeal.
Sec. 5.4.  General Responsibilities.  Heads of agencies that
originate or handle classified information shall:
(a) demonstrate personal commitment and commit
senior management to the successful implementation of
the program established under this order;
(b) commit necessary resources to the effective
implementation of the program established under this
order;
(c) ensure that agency records systems are designed and
maintained to optimize the appropriate sharing and
safeguarding of classified information, and to facilitate its
declassification under the terms of this order when it no
longer meets the standards for continued classification;


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

and(d) designate a senior agency official to direct and
administer the program, whose responsibilities shall
include:
(1) overseeing the agency’s program established under
this order, provided an agency head may designate a sep -
arate official to oversee special access programs authorized
under this order. This official shall provide a full account -
ing of the agency’s special access programs at least annu -
ally;
(2) promulgating implementing regulations, which
shall be published in the Federal Register to the extent
that they affect members of the public;
(3) establishing and maintaining security education
and training programs;
(4) establishing and maintaining an ongoing self in -
spection program, which shall include the regular reviews
of representative samples of the agency’s original and de -
rivative classification actions, and shall authorize appro -
priate agency officials to correct misclassification actions
not covered by sections 1.7(c) and 1.7(d) of this order;


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

and reporting annually to the Director of the Information
Security Oversight Office on the agency’s self-inspection
program;
(5) establishing procedures consistent with directives is -
sued pursuant to this order to prevent unnecessary access
to classified information, including procedures that:
(A) require that a need for access to classified infor -
mation be established before initiating administrative
clearance procedures; and
(B) ensure that the number of persons granted access
to classified information meets the mission needs of the
agency while also satisfying operational and security re -
quirements and needs;
(6) developing special contingency plans for the safe -
guarding of classified information used in or near hostile
or potentially hostile areas;
(7) ensuring that the performance contract or other
system used to rate civilian or military personnel per -
formance includes the designation and management of
classified information as a critical element or item to be
evaluated in the rating of:


# basic laws book 2016 (1)
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[Page 141]
132 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 133	(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly in -
volve the creation or handling of classified information,
including personnel who regularly apply derivative clas -
sification markings;
(8) accounting for the costs associated with the imple -
mentation of this order, which shall be reported to the
Director of the Information Security Oversight Office for
publication;
(9) assigning in a prompt manner agency personnel to
respond to any request, appeal, challenge, complaint, or
suggestion arising out of this order that pertains to clas -
sified information that originated in a component of the
agency that no longer exists and for which there is no clear
successor in function; and
(10) establishing a secure capability to receive informa -
tion, allegations, or complaints regarding over-classifica -


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

tion or incorrect classification within the agency and to
provide guidance to personnel on proper classification as
needed.
Sec. 5.5.  Sanctions.  (a) If the Director of the Information
Security Oversight Office finds that a violation of this
order or its implementing directives has occurred, the
Director shall make a report to the head of the agency
or to the senior agency official so that corrective steps, if
appropriate, may be taken.
(b) Officers and employees of the United States
Government, and its contractors, licensees, certificate
holders, and grantees shall be subject to appropriate
sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information prop -
erly classified under this order or predecessor orders;
(2) classify or continue the classification of information
in violation of this order or any implementing directive;
(3) create or continue a special access program contrary
to the requirements of this order; or


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

(4) contravene any other provision of this order or its
implementing directives.(c) Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority,
loss or denial of access to classified information, or other
sanctions in accordance with applicable law and agency
regulation.
(d) The agency head, senior agency official, or other
supervisory official shall, at a minimum, promptly
remove the classification authority of any individual who
demonstrates reckless disregard or a pattern of error in
applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when
a violation or infraction under paragraph (b) of this sec -
tion occurs; and
(2) notify the Director of the Information Security
Oversight Office when a violation under paragraph (b)
(1), (2), or (3) of this section occurs.
PART 6—GENERAL PROVISIONS
Sec. 6.1.  Definitions.  For purposes of this order:


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

(a) “Access” means the ability or opportunity to gain
knowledge of classified information.
(b) “Agency” means any “Executive agency,” as defined
in 5 U.S.C. 105; any “Military department” as defined in
5 U.S.C. 102; and any other entity within the executive
branch that comes into the possession of classified
information.
(c) “Authorized holder” of classified information means
anyone who satisfies the conditions for access stated in
section 4.1(a) of this order.
(d) “Automated information system” means an assembly
of computer hardware, software, or firmware configured
to collect, create, communicate, compute, disseminate,
process, store, or control data or information.
(e) “Automatic declassification” means the declassification
of information based solely upon:
(1) the occurrence of a specific date or event as deter -
mined by the original classification authority; or
(2) the expiration of a maximum time frame for dura -
[Page 142]


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BASIC LAWS and AUTHORITIES  | 133	tion of classification established under this order.
(f) “Classification” means the act or process by which
information is determined to be classified information.
(g) “Classification guidance” means any instruction
or source that prescribes the classification of specific
information.
(h) “Classification guide” means a documentary form of
classification guidance issued by an original classification
authority that identifies the elements of information
regarding a specific subject that must be classified and
establishes the level and duration of classification for each
such element.
(i) “Classified national security information” or “classified
information” means information that has been determined
pursuant to this order or any predecessor order to require
protection against unauthorized disclosure and is marked
to indicate its classified status when in documentary form.
(j) “Compilation” means an aggregation of preexisting
unclassified items of information.


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

(k) “Confidential source” means any individual or
organization that has provided, or that may reasonably
be expected to provide, information to the United States
on matters pertaining to the national security with the
expectation that the information or relationship, or both,
are to be held in confidence.
(l) “Damage to the national security” means harm to
the national defense or foreign relations of the United
States from the unauthorized disclosure of information,
taking into consideration such aspects of the information
as the sensitivity, value, utility, and provenance of that
information.
(m) “Declassification” means the authorized change in
the status of information from classified information to
unclassified information.
(n) “Declassification guide” means written instructions
issued by a declassification authority that describes the
elements of information regarding a specific subject that
may be declassified and the elements that must remain
classified.