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

(7) Any other officer or employee of the United States
designated by the chairperson.
(c)(1) The Administrator of the Office of Electron -
ic Government shall lead the activities of the Coun -
cil on behalf of the Deputy Director for Management.
(2)(A) The Vice Chairman of the Council shall be selected
by the Council from among its members.
(B) The Vice Chairman shall serve a 1-year term, and
may serve multiple terms.
[Page 76]
BASIC LAWS and AUTHORITIES  | 67	(3) The Administrator of General Services shall provide
administrative and other support for the Council.
(d) The Council is designated the principal interagency
forum for improving agency practices related to the de -
sign, acquisition, development, modernization, use, oper -
ation, sharing, and performance of Federal Government
information resources.
(e) In performing its duties, the Council shall consult
regularly with representatives of State, local, and tribal
governments.
(f) The Council shall perform functions that include
the following:


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

(1) Develop recommendations for the Director on
Government information resources management poli -
cies and requirements.
(2) Share experiences, ideas, best practices, and in -
novative approaches related to information resources
management.
(3) Assist the Administrator in the identification,
development, and coordination of multiagency proj -
ects and other innovative initiatives to improve Gov -
ernment performance through the use of information
technology.
(4) Promote the development and use of common
performance measures for agency information resourc -
es management under this chapter and title II of the
E-Government Act of 2002.(5) Work as appropriate with the National Institute
of Standards and Technology and the Administrator to
develop recommendations on information technology
standards developed under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3) and promulgated under section 11331 of title
40, and maximize the use of commercial standards as


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

appropriate, including the following:
(A) Standards and guidelines for interconnectivi -
ty and interoperability as described under section
3504.
(B) Consistent with the process under section 207(d)
of the E-Government Act of 2002, standards and
guidelines for categorizing Federal Government elec -
tronic information to enable efficient use of technol -
ogies, such as through the use of extensible markup
language.
(C) Standards and guidelines for Federal Govern -
ment computer system efficiency and security.
(6) Work with the Office of Personnel Management
to assess and address the hiring, training, classification,
and professional development needs of the Govern -
ment related to information resources management.
(7) Work with the Archivist of the United States to
assess how the Federal Records Act can be addressed ef -
fectively by Federal information resources management
activities.
***
ATOMIC ENERGY DEFENSE PROVISIONS
(50 U.S.C. §§ 2672, 2673)
§ 2672. PROTECTION AGAINST
INADVERTENT RELEASE OF RESTRICTED


# 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

DATA AND FORMERLY RESTRICTED DATA
(a) Plan for protection against release
The Secretary of Energy and the Archivist of the United
States shall, after consultation with the members of the
National Security Council and in consultation with the
Secretary of Defense and the heads of other appropriate
Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly
Restricted Data during the automatic declassification of
records under Executive Order No. 13526 (50 U.S.C.
3161 note).
(b) Plan elements
The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that re -
cords subject to Executive Order No. 13526 are reviewed
on a page-by-page basis for Restricted Data and Formerly
[Page 77]
68 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 69	Restricted Data unless they have been determined to be
highly unlikely to contain Restricted Data or Formerly
Restricted Data.


# 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

(2) The criteria and process by which documents are
determined to be highly unlikely to contain Restricted
Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure proper
training, supervision, and evaluation of personnel en -
gaged in declassification under that Executive order so
that such personnel recognize Restricted Data and For -
merly Restricted Data.
(4) The extent to which automated declassification
technologies will be used under that Executive order to
protect Restricted Data and Formerly Restricted Data
from inadvertent release.
(5) Procedures for periodic review and evaluation by
the Secretary of Energy, in consultation with the Director
of the Information Security Oversight Office of the Na -
tional Archives and Records Administration, of compli -
ance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among Fed -
eral agencies regarding declassification procedures and de -
cisions under the plan.


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

(7) The funding, personnel, and other resources re -
quired to carry out the plan.
(8) A timetable for implementation of the plan.
(c) Limitation on declassification of certain records
(1) Effective on October 17, 1998, and except as pro -
vided in paragraph (3), a record referred to in subsection
(a) may not be declassified unless the agency having cus -
tody of the record reviews the record on a page-by-page
basis to ensure that the record does not contain Restricted
Data or Formerly Restricted Data.
(2) Any record determined as a result of a review under
paragraph (1) to contain Restricted Data or Formerly Re -
stricted Data may not be declassified until the Secretary of
Energy, in conjunction with the head of the agency hav -
ing custody of the record, determines that the document
is suitable for declassification.
(3) After the date occurring 60 days after the submis -
sion of the plan required by subsection (a) to the com -
mittees referred to in paragraphs (1) and (2) of subsection


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

(d), the requirement under paragraph (1) to review a re -
cord on a page-by-page basis shall not apply in the case
of a record determined, under the actions specified in the
plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly
Restricted Data.
(d) Submission of plan
The Secretary of Energy shall submit the plan required
under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Assistant to the President for National Security
Affairs.
(e) Submission of reviews
The Secretary of Energy shall, in each even-numbered
year, submit a summary of the results of the periodic
reviews and evaluations specified in the plan pursuant to
subsection (b)(5) to the committees and Assistant to the
President specified in subsection (d).
(f) Report and notification regarding inadvertent releases
(1) The Secretary of Energy shall submit to the com -


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

mittees and Assistant to the President specified in subsec -
tion (d) a report on inadvertent releases of Restricted Data
or Formerly Restricted Data under Executive Order No.
12958 that occurred before October 17, 1998.
(2) The Secretary of Energy shall, in each even-num -
bered year beginning in 2010, submit to the committees
and Assistant to the President specified in subsection (d)
a report identifying any inadvertent releases of Restricted
Data or Formerly Restricted Data under Executive Order
No. 13526 discovered in the two-year period preceding
the submittal of the report.
§ 2673. SUPPLEMENT TO PLAN FOR
DECLASSIFICATION OF RESTRICTED DATA
AND FORMERLY RESTRICTED DATA
(a) Supplement to plan
The Secretary of Energy and the Archivist of the United
States shall, after consultation with the members of the
National Security Council and in consultation with the
Secretary of Defense and the heads of other appropriate
Federal agencies, develop a supplement to the plan


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

required under subsection (a) of section 2672 of this title.
(b) Contents of supplement
The supplement shall provide for the application of that
plan (including in particular the element of the plan
required by subsection (b)(1) of section 2672 of this title
to all records subject to Executive Order No. 12958 that
[Page 78]
BASIC LAWS and AUTHORITIES  | 69	were determined before October 17, 1998, to be suitable
for declassification.
(c) Limitation on declassification of records
All records referred to in subsection (b) of this section
shall be treated, for purposes of subsection (c) of section
2672 of this title, in the same manner as records referred
to in subsection (a) of such section.
(d) Submission of supplementThe Secretary of Energy shall submit the supplement
required under subsection (a) of this section to the
recipients of the plan referred to in subsection (d) of
section 2672 of this title.
References in Text
Executive Order No. 12958, referred to in subsec. (b),


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

which was formerly set out as a note under section 435
(now section 3161) of this title, was revoked by Ex. Ord.
No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
DOCUMENTS RELATING TO JAPANESE INTERNMENT
(50 U.S.C. App 1989b-6)
§ 1989B-6. DOCUMENTS RELATING TO THE
INTERNMENT
(a) Preservation of documents in National Archives
All documents, personal testimony, and other records cre -
ated or received by the Commission during its inquiry
shall be kept and maintained by the Archivist of the Unit -
ed States who shall preserve such documents, testimony,
and records in the National Archives of the United States.
The Archivist shall make such documents, testimony, and
records available to the public for research purposes.
(b) Public availability of certain records of the House of
Representatives
(1) The Clerk of the House of Representatives is autho -
rized to permit the Archivist of the United States to make


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

available for use records of the House not classified for national security purposes, which have been in existence
for not less than thirty years, relating to the evacuation,
relocation, and internment of individuals during the evac -
uation, relocation, and internment period.
(2) This subsection is enacted as an exercise of the rulemak -
ing power of the House of Representatives, but is applicable
only with respect to the availability of records to which it
applies, and supersedes other rules only to the extent that
the time limitation established by this section with respect
to such records is specifically inconsistent with such rules,
and is enacted with full recognition of the constitutional
right of the House to change its rules at any time, in the
same manner and to the same extent as in the case of any
other rule of the House.
NAZI WAR CRIMES DISCLOSURE ACT
(5 U.S.C. 552 note)
SECTION 1. SHORT TITLE. <<NOTE: 5 USC 552
NOTE.>>
This Act may be cited as the “Nazi War Crimes
Disclosure Act.”


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

SEC. 2. ESTABLISHMENT OF NAZI WAR
CRIMINAL RECORDS INTERAGENCY WORKING GROUP.
(a) Definitions.—In this section the term—
(1) “agency’’ has the meaning given such term under
section 551 of title 5, United States Code;
(2) “Interagency Group’’ means the Nazi War Criminal
Records Interagency Working Group established under
[Page 79]
70 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 71	subsection (b);
(3) “Nazi war criminal records’’ has the meaning given
such term under section 3 of this Act; and
(4) “record’’ means a Nazi war criminal record.
(b) Establishment of Interagency Group.—
(1) In general.—Not later than 60 days after the date
of enactment of this Act, the President shall establish the
Nazi War Criminal Records Interagency Working Group,
which shall remain in existence for 3 years after the date
the Interagency Group is established.
(2) Membership.—The President shall appoint to the
Interagency Group individuals whom the President deter -


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

mines will most completely and effectively carry out the
functions of the Interagency Group within the time lim -
itations provided in this section, including the Director of
the Holocaust Museum, the Historian of the Department
of State, the Archivist of the United States, the head of
any other agency the President considers appropriate, and
no more than 4 other persons who shall be members of
the public, of whom 3 shall be persons appointed under
the provisions of this Act in effect on October 8, 1998.
The head of an agency appointed by the President may
designate an appropriate officer to serve on the Interagen -
cy Group in lieu of the head of such agency.
(3) Initial meeting.—Not later than 90 days after the
date of enactment of this Act, the Interagency Group shall
hold an initial meeting and begin the functions required
under this section.
(c) Functions.—Not later than 1 year after the date of
enactment of this Act, the Interagency Group shall, to


# 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

the greatest extent possible consistent with section 3 of
this Act—
(1) locate, identify, inventory, recommend for declassi -
fication, and make available to the public at the National
Archives and Records Administration, all classified Nazi
war criminal records of the United States;
(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the
public; and
(3) submit a report to Congress, including the Com -
mittee on the Judiciary of the Senate and the Committee
on Government Reform and Oversight of the House of
Representatives, describing all such records, the disposi -
tion of such records, and the activities of the Interagency Group and agencies under this section.
(d) Funding.—There are authorized to be appropriated
such sums as may be necessary to carry out the provisions
of this Act.
SEC. 3. REQUIREMENT OF DISCLOSURE OF
RECORDS REGARDING PERSONS WHO
COMMITTED NAZI WAR CRIMES.
(a) Nazi War Criminal Records.—For purposes of this


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

Act, the term “Nazi war criminal records’’ means classified
records or portions of records that—
(1) pertain to any person with respect to whom the
United States Government, in its sole discretion, has
grounds to believe ordered, incited, assisted, or otherwise
participated in the persecution of any person because of
race, religion, national origin, or political opinion, during
the period beginning on March 23, 1933, and ending on
May 8, 1945, under the direction of, or in association
with—
(A) the Nazi government of Germany;
(B) any government in any area  occupied by the mili -
tary forces of the Nazi government of Germany;
(C) any government established with the assistance or
cooperation of the Nazi government of Germany; or
(D) any government which was an ally of the Nazi gov -
ernment of Germany; or
(2) pertain to any transaction as to which the United States
Government, in its sole discretion, has grounds to believe—
(A) involved assets taken from persecuted persons


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

during the period beginning on March 23, 1933, and
ending on May 8, 1945, by, under the direction of,
on behalf of, or under authority granted by the Nazi
government of Germany or any nation then allied with
that government; and
(B) such transaction was completed without the assent
of the owners of those assets or their heirs or assigns or
other legitimate representatives.
(b) Release of Records.—
(1) In general.—Subject to paragraphs (2), (3), and
(4), the Nazi War Criminal Records Interagency Work -
ing Group shall release in their entirety Nazi war crimi -
nal records that are described in subsection (a).
(2) Exception for privacy, etc.—An agency head may
exempt from release under paragraph (1) specific infor -
[Page 80]
BASIC LAWS and AUTHORITIES  | 71	mation, that would—
(A) constitute a clearly unwarranted invasion of per -
sonal privacy;
(B) reveal the identity of a confidential human source,
or reveal information about the application of an intelli -


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

gence source or method, or reveal the identity of a human
intelligence source when the unauthorized disclosure of
that source would clearly and demonstrably damage the
national security interests of the United States;
(C) reveal information that would assist in the devel -
opment or use of weapons of mass destruction;
(D) reveal information that would impair United
States cryptologic systems or activities;
(E) reveal information that would impair the appli -
cation of state-of-the-art technology within a United
States weapon system;
(F) reveal actual United States military war plans that
remain in effect;
(G) reveal information that would seriously and de -
monstrably impair relations between the United States
and a foreign government, or seriously and demon -
strably undermine ongoing diplomatic activities of the
United States;
(H) reveal information that would clearly and de -
monstrably impair the current ability of United States
Government officials to protect the President, Vice


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

President, and other officials for whom protection ser -
vices, in the interest of national security, are authorized;
(I) reveal information that would seriously and de -
monstrably impair current national security emergency
preparedness plans; or
(J) violate a treaty or international agreement.
(3) Application of exemptions.—
(A) In general.—In applying the exemptions listed in
subparagraphs (B) through (J) of paragraph (2), there
shall be a presumption that the public interest in the
release of Nazi war criminal records will be served by
disclosure and release of the records. Assertion of such
exemption may only be made when the agency head
determines that disclosure and release would be harm -
ful to a specific interest identified in the exemption.
An agency head who makes such a determination shall
promptly report it to the committees of Congress with
appropriate jurisdiction, including the Committee on


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

the Judiciary of the Senate and the Committee on Gov -ernment Reform and Oversight of the House of Rep -
resentatives. The exemptions set forth in paragraph (2)
shall constitute the only authority pursuant to which
an agency head may exempt records otherwise subject
to release under paragraph (1).
(B) Application of title 5.—A determination by an
agency head to apply an exemption listed in subpara -
graphs (B) through (I) of paragraph (2) shall be subject
to the same standard of review that applies in the case
of records withheld under section 552(b)(1) of title 5,
United States Code.
(4) Limitation on application.—This subsection shall
not apply to records—
(A) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of
Special Investigations of the Department of Justice; or
(B) solely in the possession, custody, or control of
that office.
(c) Inapplicability of National Security Act of 1947 Ex -
emption.—Section 701(a) of the National Security Act of


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

1947 (50 U.S.C. 431) shall not apply to any operational
file, or any portion of any operational file, that constitutes
a Nazi war criminal record under section 3 of this Act.
SEC. 4. EXPEDITED PROCESSING OF FOIA
REQUESTS FOR NAZI WAR CRIMINAL
RECORDS.
(a) Expedited Processing.—For purposes of expedited
processing under section 552(a)(6)(E) of title 5, United
States Code, any requester of a Nazi war criminal record
shall be deemed to have a compelling need for such record
(b) Requester.—For purposes of this section, the term
“requester’’ means any person who was persecuted in the
manner described under section 3(a)(1) of this Act who
requests a Nazi war criminal record.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the date that is 90 days after the date of
enactment of this Act.
Approved October 8, 1998.
[Page 81]
72 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 73	DISCLOSURE OF INFORMATION ON
JAPANESE IMPERIAL GOVERNMENT
5 U.S.C. § 552 note


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

SEC. 801. SHORT TITLE.
This title [this note] may be cited as the ‘Japanese Imperial
Government Disclosure Act of 2000’.
SEC. 802. DESIGNATION.
(a) Definitions.—In this section:
(1) Agency.—The term ‘agency’ has the meaning given
such term under section 551 of title 5, United States
Code .
(2) Interagency Group.—The term ‘Interagency Group’
means the Nazi War Crimes and Japanese Imperial
Government Records Interagency Working Group es -
tablished under subsection (b).
(3) Japanese Imperial Government records.—The term
‘Japanese Imperial Government records’ means classi -
fied records or portions of records that pertain to any
person with respect to whom the United States Gov -
ernment, in its sole discretion, has grounds to believe
ordered, incited, assisted, or otherwise participated in
the experimentation on, and persecution of, any person
because of race, religion, national origin, or political
opinion, during the period beginning September 18,
1931, and ending on December 31, 1948, under the


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

direction of, or in association with—
(A) the Japanese Imperial Government;
(B) any government in any area occupied by the mili -
tary forces of the Japanese Imperial Government;
(C) any government established with the assistance
or cooperation of the Japanese Imperial Govern -
ment; or
(D) any government which was an ally of the Japa -
nese Imperial Government.
(4) Record.—The term ‘record’ means a Japanese Impe -
rial Government record.
(b) Establishment of Interagency Group.—
(1) In general.—Not later than 60 days after the date of
the enactment of this Act [Dec. 27, 2000], the President
shall designate the Working Group established under the Nazi War Crimes Disclosure Act ( Public Law 105-
246; 5 U.S.C. 552 note) to also carry out the purposes
of this title [this note] with respect to Japanese Imperial
Government records, and that Working Group shall
remain in existence for 6 years after the date on which
this title [this note] takes effect. Such Working Group


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

is redesignated as the ‘Nazi War Crimes and Japanese
Imperial Government Records Interagency Working
Group’.
(2) [Omitted. Amended section 2(b)(2) of Pub.L. 105-
246, set out as a note under this section.]
(c) Functions.—Not later than 1 year after the date of the
enactment of this Act [Dec. 27, 2000], the Interagency
Group shall, to the greatest extent possible consistent
with section 803 [of this note]—
(1) locate, identify, inventory, recommend for declas -
sification, and make available to the public at the Na -
tional Archives and Records Administration, all clas -
sified Japanese Imperial Government records of the
United States;
(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the
public; and
(3) submit a report to Congress, including the Com -
mittee on Government Reform and the Permanent
Select Committee on Intelligence of the House of Rep -
resentatives, and the Committee on the Judiciary and


# 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

the Select Committee on Intelligence of the Senate,
describing all such records, the disposition of such re -
cords, and the activities of the Interagency Group and
agencies under this section.
(d) Funding.—There is authorized to be appropriated
such sums as may be necessary to carry out the provisions
of this title [this note].
SEC. 803. REQUIREMENT OF DISCLOSURE OF
RECORDS.
[Page 82]
BASIC LAWS and AUTHORITIES  | 73	(a) Release of records.—Subject to subsections (b), (c),
and (d), the Japanese Imperial Government Records
Interagency Working Group shall release in their entirety
Japanese Imperial Government records.
(b) Exemptions.—An agency head may exempt from
release under subsection (a) specific information, that
would—
(1) constitute an unwarranted invasion of personal pri -
vacy;
(2) reveal the identity of a confidential human source,
or reveal information about an intelligence source or
method when the unauthorized disclosure of that
source or method would damage the national security


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

interests of the United States;
(3) reveal information that would assist in the develop -
ment or use of weapons of mass destruction;
(4) reveal information that would impair United States
cryptologic systems or activities;
(5) reveal information that would impair the appli -
cation of state-of-the-art technology within a United
States weapon system;
(6) reveal United States military war plans that remain
in effect;
(7) reveal information that would impair relations be -
tween the United States and a foreign government, or
undermine ongoing diplomatic activities of the United
States;
(8) reveal information that would impair the current
ability of United States Government officials to protect
the President, Vice President, and other officials for
whom protection services are authorized in the interest
of national security;
(9) reveal information that would impair current na -
tional security emergency preparedness plans; or
(10) violate a treaty or other international agreement.


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

(c) Applications of exemptions.—
(1) In general.—In applying the exemptions provided
in paragraphs (2) through (10) of subsection (b), there
shall be a presumption that the public interest will be served by disclosure and release of the records of the
Japanese Imperial Government. The exemption may be
asserted only when the head of the agency that main -
tains the records determines that disclosure and release
would be harmful to a specific interest identified in the
exemption. An agency head who makes such a deter -
mination shall promptly report it to the committees of
Congress with appropriate jurisdiction, including the
Committee on the Judiciary and the Select Committee
on Intelligence of the Senate and the Committee on
Government Reform and the Permanent Select Com -
mittee on Intelligence of the House of Representatives.
(2) Application of Title 5.—A determination by an
agency head to apply an exemption provided in para -
graphs (2) through (9) of subsection (b) shall be subject


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

to the same standard of review that applies in the case
of records withheld under section 552(b)(1) of title 5,
United States Code [subsec. (b)(1) of this section].
(d) Records related to investigations or prosecutions.—
This section shall not apply to records—
(1) related to or supporting any active or inactive in -
vestigation, inquiry, or prosecution by the Office of
Special Investigations of the Department of Justice; or
(2) solely in the possession, custody, or control of the
Office of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF
REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
For purposes of expedited processing under section 552(a)
(6)(E) of title 5, United States Code, any person who was
persecuted in the manner described in section 802(a)(3)
and who requests a Japanese Imperial Government record
shall be deemed to have a compelling need for such record.
SEC. 805. EFFECTIVE DATE.
The provisions of this title [this note] shall take effect on


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

the date that is 90 days after the date of the enactment of
this Act [Dec. 27, 2000].
[Page 83]
74 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 75	PUBLIC INTEREST DECLASSIFICATION ACT OF 2000,
AS AMENDED
(50 U.S.C. § 3161  note, Pub. L. 106-567)
SEC. 701. SHORT TITLE.
This title may be cited as the ‘Public Interest
Declassification Act of 2000’.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an ef -
fective, coordinated, and cost-effective means by which
records on specific subjects of extraordinary public in -
terest that do not undermine the national security in -
terests of the United States may be collected, retained,
reviewed, and disseminated to Congress, policymakers
in the executive branch, and the public.
(2) Ensuring, through such measures, public access
to information that does not require continued protec -
tion to maintain the national security interests of the
United States is a key to striking the balance between


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

secrecy essential to national security and the openness
that is central to the proper functioning of the political
institutions of the United States.
SEC. 703. PUBLIC INTEREST
DECLASSIFICATION BOARD.
(a) Establishment.—(1) There is established within
the executive branch of the United States a board to be
known as the ‘Public Interest Declassification Board’ (in
this title referred to as the ‘Board’).
(2) The Board shall report directly to the President or,
upon designation by the President, the Vice President, the
Attorney General, or other designee of the President. The
other designee of the President under this paragraph may
not be an agency head or official authorized to classify
information under Executive Order 12958 [formerly set
out below], or any successor order.
(b) Purposes.—The purposes of the Board are as follows:
(1) To advise the President, the Assistant to the Pres -
ident for National Security Affairs, the Director of the
Office of Management and Budget, and such other


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

executive branch officials as the Board considers ap -
propriate on the systematic, thorough, coordinated, and comprehensive identification, collection, review
for declassification, and release to Congress, interest -
ed agencies, and the public of declassified records and
materials (including donated historical materials) that
are of archival value, including records and materials of
extraordinary public interest.
(2) To promote the fullest possible public access to a thor -
ough, accurate, and reliable documentary record of signifi -
cant United States national security decisions and significant
United States national security activities in order to—
(A) support the oversight and legislative functions of
Congress;
(B) support the policymaking role of the executive
branch;
(C) respond to the interest of the public in national
security matters; and
(D) promote reliable historical analysis and new av -
enues of historical study in national security matters.


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

(3) To provide recommendations to the President for
the identification, collection, and review for declassifica -
tion of information of extraordinary public interest that
does not undermine the national security of the United
States, to be undertaken in accordance with a declassifica -
tion program that has been established or may be estab -
lished by the President by Executive order.
(4) To advise the President, the Assistant to the Pres -
ident for National Security Affairs, the Director of the
Office of Management and Budget, and such other exec -
utive branch officials as the Board considers appropriate
on policies deriving from the issuance by the President of
Executive orders regarding the classification and declassi -
fication of national security information.
(5) To review and make recommendations to the Pres -
ident in a timely manner with respect to any congressio -
nal request, made by the committee of jurisdiction or by
a member of the committee of jurisdiction, to declassify


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

certain records, to evaluate the proper classification of cer -
tain records, or to reconsider a declination to declassify
specific records.
[Page 84]
BASIC LAWS and AUTHORITIES  | 75	(c) Membership.—(1) The Board shall be composed
of nine individuals appointed from among citizens of the
United States who are preeminent in the fields of history,
national security, foreign policy, intelligence policy, social
science, law, or archives, including individuals who have
served in Congress or otherwise in the Federal Govern -
ment or have otherwise engaged in research, scholarship,
or publication in such fields on matters relating to the
national security of the United States, of whom—
(A) five shall be appointed by the President;
(B) one shall be appointed by the Speaker of the
House of Representatives;
(C) one shall be appointed by the majority leader of
the Senate;
(D) one shall be appointed by the minority leader of
the Senate; and
(E) one shall be appointed by the minority leader of


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

the House of Representatives.
(2)(A) Of the members initially appointed to the Board
by the President—
(i) three shall be appointed for a term of 4 years;
(ii) one shall be appointed for a term of 3 years; and
(iii) one shall be appointed for a term of 2 years.
(B) The members initially appointed to the Board by
the Speaker of the House of Representatives or by the ma -
jority leader of the Senate shall be appointed for a term
of 3 years.
(C) The members initially appointed to the Board by
the minority leader of the House of Representatives or the
Senate shall be appointed for a term of 2 years.
(D) Any subsequent appointment to the Board shall be
for a term of 3 years from the date of the appointment.
(3) A vacancy in the Board shall be filled in the same
manner as the original appointment.
(4) A member of the Board may be appointed to a new
term on the Board upon the expiration of the member’s
term on the Board, except that no member may serve
more than three full terms on the Board.


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

(d) Chairperson; Executive Secretary.—(1)(A) The
President shall designate one of the members of the Board
as the Chairperson of the Board.
(B) The term of service as Chairperson of the Board
shall be 2 years.
(C) A member serving as Chairperson of the Board
may be redesignated as Chairperson of the Board upon
the expiration of the member’s term as Chairperson of the Board, except that no member shall serve as Chairperson
of the Board for more than 6 years.
(2) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary of the Board.
(e) Meetings.—The Board shall meet as needed to ac -
complish its mission, consistent with the availability of
funds. A majority of the members of the Board shall con -
stitute a quorum.
(f) Staff.—Any employee of the Federal Government
may be detailed to the Board, with the agreement of and
without reimbursement to the detailing agency, and such
detail shall be without interruption or loss of civil, mili -


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

tary, or foreign service status or privilege.
(g) Security.—(1) The members and staff of the Board
shall, as a condition of appointment to or employment
with the Board, hold appropriate security clearances for
access to the classified records and materials to be re -
viewed by the Board or its staff, and shall follow the guid -
ance and practices on security under applicable Executive
orders and Presidential or agency directives.
(2) The head of an agency shall, as a condition of grant -
ing access to a member of the Board, the Executive Sec -
retary of the Board, or a member of the staff of the Board
to classified records or materials of the agency under this
title, require the member, the Executive Secretary, or the
member of the staff, as the case may be, to—
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted or
recognized under the standard procedures and eligibili -


# 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

ty criteria of the agency, including any special access ap -
proval required for access to such records or materials.
(3) The members of the Board, the Executive Secretary of
the Board, and the members of the staff of the Board may
not use any information acquired in the course of their offi -
cial activities on the Board for nonofficial purposes.
(4) For purposes of any law or regulation governing
access to classified information that pertains to the na -
tional security of the United States, and subject to any
limitations on access arising under section 706(b), and to
facilitate the advisory functions of the Board under this
title, a member of the Board seeking access to a record or
material under this title shall be deemed for purposes of
this subsection to have a need to know the contents of the
record or material.
[Page 85]
76 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 77	(h) Compensation.—(1) Each member of the Board
shall receive compensation at a rate not to exceed the dai -


# 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

ly equivalent of the annual rate of basic pay payable for
positions at ES–1 of the Senior Executive Service under
section 5382 of title 5, United States Code, for each day
such member is engaged in the actual performance of du -
ties of the Board.
(2) Members of the Board shall be allowed travel ex -
penses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the per -
formance of the duties of the Board.
(i) Guidance; Annual Budget.—(1) On behalf of the
President, the Assistant to the President for National
Security Affairs shall provide guidance on policy to the
Board.
(2) The Executive Secretary of the Board, under the di -
rection of the Chairperson of the Board and the Board,
and acting in consultation with the Archivist of the Unit -
ed States, the Assistant to the President for National Secu -


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

rity Affairs, and the Director of the Office of Management
and Budget, shall prepare the annual budget of the Board.
(j) Support.—The Information Security Oversight Of -
fice may support the activities of the Board under this title.
Such support shall be provided on a reimbursable basis.
(k) Public Availability of Records and Reports.—(1)
The Board shall make available for public inspection re -
cords of its proceedings and reports prepared in the course
of its activities under this title to the extent such records
and reports are not classified and would not be exempt
from release under the provisions of section 552 of title 5,
United States Code.
(2) In making records and reports available under para -
graph (1), the Board shall coordinate the release of such
records and reports with appropriate officials from agen -
cies with expertise in classified information in order to
ensure that such records and reports do not inadvertently
contain classified information.


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

(l) Applicability of Certain Administrative Laws.—The
provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the activities of the Board
under this title. However, the records of the Board shall
be governed by the provisions of the Federal Records Act
of 1950 [see References in Text note undersection 450j of
Title 25, Indians].SEC. 704. IDENTIFICATION, COLLECTION,
AND REVIEW FOR DECLASSIFICATION OF
INFORMATION OF ARCHIVAL VALUE OR
EXTRAORDINARY PUBLIC INTEREST.
(a) Briefings on Agency Declassification Programs.—(1)
As requested by the Board, or by the Select Committee on
Intelligence of the Senate or the Permanent Select Commit -
tee on Intelligence of the House of Representatives, the head
of any agency with the authority under an Executive order
to classify information shall provide to the Board, the Select
Committee on Intelligence of the Senate, or the Permanent
Select Committee on Intelligence of the House of Represen -


# 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

tatives, on an annual basis, a summary briefing and report
on such agency’s progress and plans in the declassification of
national security information. Such briefing shall cover the
declassification goals set by statute, regulation, or policy, the
agency’s progress with respect to such goals, and the agency’s
planned goals and priorities for its declassification activities
over the next 2 fiscal years. Agency briefings and reports shall
give particular attention to progress on the declassification of
records and materials that are of archival value or extraordi -
nary public interest to the people of the United States.
(2)(A) The annual briefing and report under paragraph
(1) for agencies within the Department of Defense, in -
cluding the military departments and the elements of the
intelligence community, shall be provided on a consoli -
dated basis.
(B) In this paragraph, the term ‘elements of the intelli -
gence community’ means the elements of the intelligence


# 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

community specified or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4))
[now 50 U.S.C. 3003(4)].
(b) Recommendations on Agency Declassification
Programs.—(1) Upon reviewing and discussing declassifi -
cation plans and progress with an agency, the Board shall
provide to the head of the agency the written recommen -
dations of the Board as to how the agency’s declassifica -
tion program could be improved. A copy of each recom -
mendation shall also be submitted to the Assistant to the
President for National Security Affairs and the Director of
the Office of Management and Budget.
(2) Consistent with the provisions of section 703(k),
the Board’s recommendations to the head of an agency
under paragraph (1) shall become public 60 days after
such recommendations are sent to the head of the agency
under that paragraph.
[Page 86]
BASIC LAWS and AUTHORITIES  | 77	(c) Recommendations on Special Searches for Records
of Extraordinary Public Interest.—(1) The Board shall


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

also make recommendations to the President regarding
proposed initiatives to identify, collect, and review for de -
classification classified records and materials of extraordi -
nary public interest.
(2) In making recommendations under paragraph (1),
the Board shall consider the following:
(A) The opinions and requests of Members of Con -
gress, including opinions and requests expressed or
embodied in letters or legislative proposals, and also
including specific requests for the declassification of
certain records or for the reconsideration of declina -
tions to declassify specific records.
(B) The opinions and requests of the National Secu -
rity Council, the Director of National Intelligence, and
the heads of other agencies.
(C) The opinions of United States citizens.
(D) The opinions of members of the Board.
(E) The impact of special searches on systematic and
all other on-going declassification programs.
(F) The costs (including budgetary costs) and the im -


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

pact that complying with the recommendations would
have on agency budgets, programs, and operations.
(G) The benefits of the recommendations.
(H) The impact of compliance with the recommen -
dations on the national security of the United States.
(d) President’s Declassification Priorities.—(1) Con -
current with the submission to Congress of the budget
of the President each fiscal year under section 1105 of
title 31, United States Code, the Director of the Office
of Management and Budget shall publish a description of
the President’s declassification program and priorities, to -
gether with a listing of the funds requested to implement
that program.
(2) Nothing in this title shall be construed to substitute
or supersede, or establish a funding process for, any de -
classification program that has been established or may be
established by the President by Executive order.
(e) Declassification Reviews.—(1) In general.—If
requested by the President, the Board shall review in a


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

timely manner certain records or declinations to declassi -
fy specific records, the declassification of which has been
the subject of specific congressional request described in
section 703(b)(5).
(2) Authority of board.—Upon receiving a congressio -nal request described in section 703(b)(5), the Board may
conduct the review and make the recommendations de -
scribed in that section, regardless of whether such a review
is requested by the President.
(3) Reporting.—Any recommendations submitted to
the President by the Board under section 703(b)(5),[sic]
shall be submitted to the chairman and ranking minority
member of the committee of Congress that made the re -
quest relating to such recommendations.
SEC. 705. PROTECTION OF NATIONAL
SECURITY INFORMATION AND OTHER
INFORMATION.
(a) In General.—Nothing in this title shall be construed
to limit the authority of the head of an agency to classify
information or to continue the classification of informa -
tion previously classified by that agency.


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

(b) Special Access Programs.—Nothing in this title
shall be construed to limit the authority of the head of an
agency to grant or deny access to a special access program.
(c) Authorities of Director of National Intelligence.—
Nothing in this title shall be construed to limit the author -
ities of the Director of National Intelligence as the head
of the intelligence community, including the Director’s
responsibility to protect intelligence sources and meth -
ods from unauthorized disclosure as required by section
103(c)(6) of the National Security Act of 1947 ([former]
50 U.S.C. 403–3(c)(6)) [see 50 U.S.C. 3024(i)].
(d) Exemptions to Release of Information.—Nothing
in this title shall be construed to limit any exemption or
exception to the release to the public under this title of
information that is protected under subsection (b) of sec -
tion 552 of title 5, United States Code (commonly re -
ferred to as the ‘Freedom of Information Act’), or section


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

552a of title 5, United States Code (commonly referred to
as the ‘Privacy Act’).
(e) Withholding Information From Congress.—Noth -
ing in this title shall be construed to authorize the with -
holding of information from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) Liaison.—(1) The head of each agency with the au -
thority under an Executive order to classify information
and the head of each Federal Presidential library shall
designate an employee of such agency or library to act as
liaison to the Board for purposes of this title.
[Page 87]
78 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 79	(2) The Board may establish liaison and otherwise con -
sult with such other historical and advisory committees as
the Board considers appropriate for purposes of this title.
(b) Limitations on Access.—(1)(A) Except as provided
in paragraph (2), if the head of an agency or the head of
a Federal Presidential library determines it necessary to


# basic laws book 2016 (1)
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Topic: Tort Law - Nuisance | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

deny or restrict access of the Board, or of the agency or
library liaison to the Board, to information contained in
a record or material, in whole or in part, the head of the
agency or the head of the library shall promptly notify the
Board in writing of such determination.
(B) Each notice to the Board under subparagraph (A)
shall include a description of the nature of the records or
materials, and a justification for the determination, cov -
ered by such notice.
(2) In the case of a determination referred to in para -
graph (1) with respect to a special access program created
by the Secretary of Defense, the Director of National In -
telligence, or the head of any other agency, the notifica -
tion of denial of access under paragraph (1), including a
description of the nature of the Board’s request for access,
shall be submitted to the Assistant to the President for
National Security Affairs rather than to the Board.
(c) Discretion To Disclose.—At the conclusion of a de -


# basic laws book 2016 (1)
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Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

classification review, the head of an agency may, in the
discretion of the head of the agency, determine that the
public’s interest in the disclosure of records or materials
of the agency covered by such review, and still properly
classified, outweighs the Government’s need to protect
such records or materials, and may release such records or
materials in accordance with the provisions of Executive
Order No. 12958 [formerly set out below] or any succes -
sor order to such Executive order.
(d) Discretion To Protect.—At the conclusion of a de -
classification review, the head of an agency may, in the
discretion of the head of the agency, determine that the
interest of the agency in the protection of records or mate -
rials of the agency covered by such review, and still prop -
erly classified, outweighs the public’s need for access to
such records or materials, and may deny release of such
records or materials in accordance with the provisions
of Executive Order No. 12958 or any successor order to


# basic laws book 2016 (1)
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Topic: Contract Law - Remedies | Sample Type: pure_conceptual
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such Executive order.
(e) Reports.—(1)(A) Except as provided in paragraph
(2), the Board shall annually submit to the appropriate
congressional committees a report on the activities of the Board under this title, including summary information
regarding any denials to the Board by the head of an agen -
cy or the head of a Federal Presidential library of access to
records or materials under this title.
(B) In this paragraph, the term ‘appropriate congressio -
nal committees’ means the Select Committee on Intelli -
gence and the Committee on Governmental Affairs [now
Committee on Homeland Security and Governmental
Affairs] of the Senate and the Permanent Select Commit -
tee on Intelligence and the Committee on Government
Reform [now Committee on Oversight and Government
Reform] of the House of Representatives.
(2) Notwithstanding paragraph (1), notice that the
Board has been denied access to records and materials,
and a justification for the determination in support of the


# basic laws book 2016 (1)
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Topic: Company Law - Shareholder Rights | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

denial, shall be submitted by the agency denying the ac -
cess as follows:
(A) In the case of the denial of access to a special ac -
cess program created by the Secretary of Defense, to the
Committees on Armed Services and Appropriations of
the Senate and to the Committees on Armed Services
and Appropriations of the House of Representatives.
(B) In the case of the denial of access to a special ac -
cess program created by the Director of National Intel -
ligence, or by the head of any other agency (including
the Department of Defense) if the special access pro -
gram pertains to intelligence activities, or of access to
any information and materials relating to intelligence
sources and methods, to the Select Committee on In -
telligence of the Senate and the Permanent Select Com -
mittee on Intelligence of the House of Representatives.
(C) In the case of the denial of access to a special
access program created by the Secretary of Energy or
the Administrator for Nuclear Security, to the Com -


# basic laws book 2016 (1)
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Topic: Constitutional Law - Rights | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

mittees on Armed Services and Appropriations and the
Select Committee on Intelligence of the Senate and to
the Committees on Armed Services and Appropriations
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(f) Notification of Review.—In response to a specific
congressional request for declassification review described
in section 703(b)(5), the Board shall advise the origina -
tors of the request in a timely manner whether the Board
intends to conduct such review.
SEC. 707. JUDICIAL REVIEW.
[Page 88]
BASIC LAWS and AUTHORITIES  | 79	Nothing in this title limits the protection afforded to
any information under any other provision of law. This
title is not intended and may not be construed to create
any right or benefit, substantive or procedural, enforce -
able against the United States, its agencies, its officers, or
its employees. This title does not modify in any way the
substantive criteria or procedures for the classification of


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

information, nor does this title create any right or benefit
subject to judicial review.
SEC. 708. FUNDING.
(a) Authorization of Appropriations.—There is hereby
authorized to be appropriated to carry out the provisions
of this title amounts as follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001, such
sums as may be necessary for such fiscal year.
(b) Funding Requests.—The President shall include in
the budget submitted to Congress for each fiscal year un -
der section 1105 of title 31, United States Code, a request
for amounts for the activities of the Board under this title
during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) Agency.—(A) Except as provided in subpara -
graph (B), the term ‘agency’ means the following:
(i) An Executive agency, as that term is defined in
section 105 of title 5, United States Code.
(ii) A military department, as that term is defined in
section 102 of such title.
(iii) Any other entity in the executive branch that


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

comes into the possession of classified information.
(B) The term does not include the Board.
(2) Classified material or record.—The terms ‘classi -
fied material’ and ‘classified record’ include any corre -
spondence, memorandum, book, plan, map, drawing,
diagram, pictorial or graphic work, photograph, film,
microfilm, sound recording, videotape, machine readable
records, and other documentary material, regardless of
physical form or characteristics, that has been determined
pursuant to Executive order to require protection against
unauthorized disclosure in the interests of the national se -
curity of the United States.
(3) Declassification.—The term ‘declassification’ means
the process by which records or materials that have been classified are determined no longer to require protection
from unauthorized disclosure to protect the national secu -
rity of the United States.
(4) Donated historical material.—The term ‘donated
historical material’ means collections of personal papers


# basic laws book 2016 (1)
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donated or given to a Federal Presidential library or other
archival repository under a deed of gift or otherwise.
(5) Federal presidential library.—The term ‘Federal
Presidential library’ means a library operated and main -
tained by the United States Government through the
National Archives and Records Administration under the
applicable provisions of the Federal Records Act of 1950
[see References in Text note under section 450j of Title
25, Indians].
(6) National security.—The term ‘national security’
means the national defense or foreign relations of the
United States.
(7) Records or materials of extraordinary public in -
terest.—The term ‘records or materials of extraordinary
public interest’ means records or materials that—
(A) demonstrate and record the national security
policies, actions, and decisions of the United States,
including—
(i) policies, events, actions, and decisions which led to
significant national security outcomes; and
(ii) the development and evolution of significant Unit -


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

ed States national security policies, actions, and deci -
sions;
(B) will provide a significantly different perspective
in general from records and materials publicly avail -
able in other historical sources; and
(C) would need to be addressed through ad hoc re -
cord searches outside any systematic declassification
program established under Executive order.
(8) Records of archival value.—The term ‘records of ar -
chival value’ means records that have been determined by
the Archivist of the United States to have sufficient histor -
ical or other value to warrant their continued preservation
by the Federal Government.
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) Effective Date.—This title shall take effect on the
date that is 120 days after the date of the enactment of
this Act [Dec. 27, 2000].
(b) Sunset.—The provisions of this title shall expire on
December 31, 2018.
[Page 89]
80 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 81	SUMMARY OF NON-NARA STATUTES


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

ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 3161.
Public Law Number : Pub. L. 103-359, Oct. 14, 1994
Synopsis : This Act delegates authority to the President to establish procedures to govern access to
classified information.
*** see Appendix, Executive Order #13526, ***
ADMINISTRATIVE DISPUTE RESOLUTION ACT:  5 U.S.C. §§ 571 TO 583
Public Law Number : Pub. L. 101-522, Nov. 15, 1990
Synopsis : The purpose of this Act is to permit Federal agencies to resolve administrative problems
within the agency through the use of administrative dispute resolution proceedings.
ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. §§ 551 TO 559, 701 TO 706, 1305, 3105, 3344, 4301,
5335, 5372, 7521
Public Law Number : (Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b) , Sept. 13, 1976; Pub.
L. 103-272 § 5(a), July 5, 1994
Synopsis : The purpose of this Act is to create a comprehensive statute governing the procedures
agencies must follow when performing their functions.


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

AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 ET SEQ.
Public Law Number : Pub. L. 101-336, July 26, 1990
Synopsis : The purposes of this Act are to establish a national mandate for the elimination of
discrimination against persons with disabilities and to provide clear standards that address
discrimination against persons with disabilities. The Department of Justice encourages the
government to comply with the ADA.
[Page 90]
BASIC LAWS and AUTHORITIES  | 81	ANTI-DEFICIENCY ACT : 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990
Synopsis : An officer or employee of the U.S. Government may not expend funds in excess of the
amount available in the appropriations fund or before an appropriation is made available.
ANTI-NEPOTISM ACT: 5 U.S.C. § 3110
Public Law Number : Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978


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

Synopsis : A public official is prohibited from employing, appointing, promoting, advancing or
advocating for appointment, employment promotion or advancement any relative for a
civilian position in the agency in which the public official is serving.
AUGMENTATION PROHIBITION:  31 U.S.C. §§ 1301 (A), 3302(B)
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5,
1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(l),
May 21, 1999
Synopsis : This Act limits the use of appropriations only to those objects for which the appropriation
was made. In addition, an agent of the Government, who receives money for the
Government, shall deposit that money in the Treasury without deduction for any charge or
claim.
DEBT COLLECTION ACT OF 1982:  31 U.S.C. §§ 3302, 3701, 3711, 3716 TO 3719
Public Law Number : Pub. L. 97-365, October 25, 1982


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

Synopsis : The Debt Collection Act expands the authority of agencies to recover general debts owed to
the United States.
DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B TO 3720D
Public Law Number : Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 §
31001, April 26, 1996
Synopsis : This act amends the Debt Collection Act of 1982.
[Page 91]
82 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 83	DEPOSITORY LIBRARY PROGRAM: 44 U.S.C. §§ 1901 TO 1916
Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub.L. 95-261, Apr. 17,
1978
Synopsis : Chapter 19 defines AGovernment Publication and describes how these documents will
be made available to the public through depository libraries. The statute explains how
depository libraries are selected and the requirements to which they must adhere.
ECONOMY IN GOVERNMENT ACT: 31 U.S.C. § 1535
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-216, Feb. 14, 1984


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

Synopsis : This Act allows a government agency to place orders for goods or services with another
Government agency provided the order cannot be filled as cheaply or conveniently by a
commercial contractor.
ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996: 5 U.S.C. § 552 NOTE
Public Law Number : Pub. L. 104-231, Oct. 2, 1996
Synopsis : EFOIA amends the Freedom of Information Act (5 U.S.C. §552), to provide for public
access to information in an electronic format.
EMERGENCY PREPAREDNESS: 42 U.S.C. § 5195
Public Law Number : Pub. L. 93-288; Pub. L. 103-337, Oct. 5, 1994
Synopsis : This Act creates a system of emergency preparedness for all hazards which present a threat to
life and property, as a joint effort with the states.
EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504
Public Law Number : Pub. L. 96-481, Oct. 21, 1980; Pub. L. 99-80, Aug. 5, 1985; Pub. L. 99-509, Oct. 21 1986;
Pub. L. 99-514, Oct. 22, 1986; Pub. L. 100-647, Nov. 10, 1988; Pub. L. 103-141, Nov. 16,


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

1993; Pub. L. 104-121, Title II § 231, March 29, 1996, Pub. L. 111-350, Jan. 4, 2011.
Synopsis : This Act permits a party, who prevails in an administrative proceeding against the United
States, to request and receive fees and other expenses incurred by that party in connection
with the proceedings. The request must be fully justified and documented, and the
adjudicative officer of the agency may reduce or deny the amount to be awarded if the
prevailing party acted unreasonably in incurring such costs.
[Page 92]
BASIC LAWS and AUTHORITIES  | 83	ETHICS IN GOVERNMENT ACT OF 1978:  5 U.S.C. APP. 4 §§ 101 TO 111, 5 U.S.C. APP. 4 §§401 TO
408, 5 U.S.C. APP. 4 §§ 501 TO 505, 28 U.S.C. §§ 591 TO 598, 5 U.S.C. § 49, 28 U.S.C. § 528, 529, 2 U.S.C.
§ 288, 288(A) TO (L), 2 U.S.C. §118(A), 2 U.S.C. § 288(M), 28 U.S.C. § 1365
Public Law Number : Pub. L. 95-521, Oct. 26, 1978
Synopsis : This Act creates the Federal system for regulating conflicts of interest.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:


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

Public Law Number : Pub. L. 97-409, Jan. 3, 1983
Synopsis : This Act amends the 1978 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1985:
Public Law Number : Pub. L. 99-190, Title I, §148, Dec. 19, 1985
Synopsis : This Act amends the 1982 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1990:
Public Law Number : Pub. L. 101-334, July 16, 1990
Synopsis : This Act amends the 1985 Act.
ETHICS REFORM ACT OF 1989: 5 U.S.C. APP. 4 §§ 110 TO 111, 31 U.S.C. § 1353, 5 U.S.C. § 7353, 18
U.S.C. § 216, 2 U.S.C. § 72A-1G, 26 U.S.C. § 1043, 5 U.S.C. § 3393A, 10 U.S.C. § 1601, 5 U.S.C. APP. 4 §§
501 TO 505, 2 U.S.C. §§ 362 TO 364, 2 U.S.C. § 29D
Public Law Number : Pub. L. 101-194, Nov. 30, 1989
Synopsis : This Act addresses abuses uncovered during the Watergate period.
EXECUTIVE AND JUDICIARY PRINTING AND BINDING: 44 U.S.C. §§ 1101 TO 1123
Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 97-164, Apr. 2, 1982; Pub. L. 94-273, Apr. 21,
1976; Pub. L. 98-216, Feb. 14, 1984; Pub. L. 106-113, Nov. 29, 1998


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

Synopsis : Chapter 11 describes the procedures and policies with which the Executive and Judiciary
branches must comply when printing public documents. This chapter specifically addresses
the printing of periodicals and annual reports.
[Page 93]
84 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 85	FEDERAL ACTIVITIES INVENTORY REFORM ACT: 31 U.S.C. § 501 NOTE.
Public Law Number : Pub. L. 105-270, Oct. 19, 1998
Synopsis : The FAIR Act provides a process for identifying the functions of the Federal Government
that are not inherently Governmental functions. The Act also provides for the publication of
lists of these functions in the Federal Register.
FEDERAL ADVISORY COMMITTEE ACT: 5 U.S.C. APP. 2 (1999)
Public Law Number : Pub. L. 92-463, October 6, 1972, 86 Stat. 770, as amended by Pub. L. 94-409, §5(c), Sept.
13, 1976, 90 Stat. 1247; Pub. L. 96-523, §2, Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-375,


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

title II, §201(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 105-153, §1, Dec. 17, 1997, 111
Stat. 2688.
Synopsis : The FACA regulates the formation and operation of advisory committees by Federal agencies
in the Executive Branch.
FEDERAL TORT CLAIMS ACT:  28 U.S.C. §§ 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671 TO 2680
Public Law Number : (FTCA) (Aug. 2, 1946, ch. 753, Title IV, 60 Stat. 842)
Synopsis : This Act waives the sovereign immunity of the U.S. Government for specified torts, which
allows claimants to bring suit for such torts.
GOVERNMENT IN THE SUNSHINE ACT:  5 U.S.C. § 552B
Public Law Number : Pub. L. 94-409, Sept. 13, 1976; Pub. L. 104-66, Dec. 21, 1995
Synopsis : This Act provides that every meeting held by an agency will be open to public observation.
Certain meetings are exempt from this requirement, such as those which would disclose
information that must remain secret as established by an Executive Order or statute,


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Topic: Property Law - Real Property | Sample Type: conversational
Difficulty: basic | Document Type: educational

meetings involving information that relates solely to internal practices of the agency or
meetings which would disclose information that would violate personal privacy.
[Page 94]
BASIC LAWS and AUTHORITIES  | 85	GOVERNMENT PAPERWORK ELIMINATION ACT:  44 U.S.C. § 3504 NOTE.
Public Law Number : Pub. L. No. 105-277, Div. C, Title XVII, §§ 1701 to 1710, Oct. 21, 1998
Synopsis : The GPEA directs the Office of Management and Budget (OMB) to develop procedures for
the use and acceptance of electronic signatures by Executive agencies. The Act also directs
the OMB to develop procedures to permit private employers to store and file electronically
with Executive agencies forms containing information pertaining to the employees of such
employers.
GOVERNMENT PERFORMANCE AND RESULTS ACT: 31 U.S.C. § 1101 NOTE, 31 U.S.C. § 1115 NOTE
Public Law Number : Pub. L. No. 103-62, Aug. 3, 1993
Synopsis : The GPRA provides for the establishment of strategic planning and performance


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

measurement in the Federal Government. The Act requires Executive agency heads to
submit to the Director of the Office of Management and Budget (OMB) and the Congress a
strategic plan for performance goals of their agency’s program activities.
HOBBY PROTECTION ACT:  15 U.S.C. §§ 2101 - 2106
Public Law Number : Pub. L. 93-167, Nov. 29, 1973
Synopsis : This Act prohibits the introduction into commerce of any imitation political or numismatic
items that are not marked with the date of manufacture. The purpose of this Act is to protect
the value of original political and numismatic items. The Federal Trade Commission, the
agency responsible for enforcing this Act, has promulgated regulations which detail the
marking requirements for these items.
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT: 40 U.S.C. §§ 11101-11103, 11301
-11303, 11311-11318, 11331-11332, 11501-11502, 11521-11522, 11701-11704
Public Law Number : Pub. L. 104-106, Div. E, Feb. 10, 1996


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

Synopsis : The ITMRA, now known as the Clinger-Cohen Act, requires the heads of Federal agencies
to link information technology investments to agency accomplishments. The Clinger-Cohen
Act also requires that agency heads establish a process to select, manage, and control their
information technology investments.
[Page 95]
86 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 87	PAPERWORK REDUCTION ACT:  44 U.S.C. §§ 3501 TO 3520
Public Law Number : Pub. L. 104-13, May 22, 1995
Synopsis : There are several purposes of this Act. They are to minimize paperwork for individuals,
businesses, and the Government; minimize the cost to the Government of collecting,
maintaining, and disseminating information; maximizing the usefulness of information
collected by the Government; create Federal law on the collection and dissemination of
information uniform; reduce fraud and waste, and to assure the privacy and confidentiality
are preserved; including the requirements of the Privacy Act.


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

PAY RATES AND SYSTEMS: 5 U.S.C. § 5314
Public Law Number : Pub. L. 104-293, Oct. 11, 1996; Pub. L. 108-447, Dec. 8, 2004
Synopsis : This Act lists personnel, including the Archivist, to whom Level III of the Executive
Schedule applies.
PUBLIC PRINTING AND DOCUMENTS:  44 U.S.C. CHAPTER 19
Public Law Number : Pub. L. 96-620, Oct. 20, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub. L. 95-261, April 17,
1978
Synopsis : This Act governs Government documents and their availability through depository library
programs.
REGULATORY NEGOTIATION ACT: 5 U.S.C. § 561 ET SEQ.
Public Law Number : Pub. L. 101-648, Nov. 29, 1990; Pub. L. 102-354, Aug. 26, 1992; Pub. L. 104-320, Oct.
19, 1996
Synopsis : This Act establishes a framework for negotiated rulemaking. Agencies may establish
negotiated rulemaking committees to develop rules according to specific requirements set out
in §565-568 of this Act.
[Page 96]
BASIC LAWS and AUTHORITIES  | 87	REHABILITATION ACT: 29 U.S.C. § 701 ET SEQ.


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

Public Law Number : Pub. L. 93-112, Sept. 26, 1973; Pub. L. 95-602, Nov. 6, 1978; Pub. L. 99-506, Oct. 21,
1986; Pub. L. 102-569, Oct. 29, 1992
Synopsis : The purpose of the Act is to promote the Federal Government’s involvement in employing
individuals with disabilities.
USE OF GOVERNMENT VEHICLES:  31 U.S.C. § 1344
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 99-550, Oct. 27, 1986; Pub. L. 100-180, Dec. 4,
1987; Pub. L. 100-202, Dec. 22, 1987; Pub. L. 101-510, Nov. 5, 1990; Pub. L. 103-272,
July 5, 1994; Pub. L. 104-91, Jan. 6, 1996; Pub. L. 104-99, Jan. 26, 1996; Pub. L. 108-7,
Feb. 20, 2003
Synopsis : This Act limits the use of Government vehicles to official purposes. Use of Government
vehicles for transportation from a residence to place of employment is not considered an
official purpose, subject to certain exceptions (e.g., field work, when it is essential for the safe
and efficient performance of intelligence and other related duties or for the transportation of


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

specific Government officials).
WHISTLEBLOWER PROTECTION ACT OF 1989:  5 U.S.C. §§ 1211 TO 1219, 1221, 1222, 3352
Public Law Number : Pub. L. 101-12, April 10, 1989; Pub. L. 103-424, Oct. 29, 1994
Synopsis : This Act protects employees who disclose evidence of gross mismanagement or a violation of
any rule, law or regulation.
WHISTLEBLOWER PROTECTION LAWS:  18 U.S.C. § 1031, 10 U.S.C. § 2409, 29 U.S.C. § 1855, 49 U.S.C.
§ 31105, 42 U.S.C. §§ 9610, 5851, 6971, 7622, 300J-9, 46 U.S.C. APP. § 1506, 30 U.S.C. §§ 1293, 815, 15
U.S.C. §§ 2622, 2651, 33 U.S.C. § 1367
Public Law Number : Pub. L. 100-700, § 2(a), Nov. 19, 1988; Pub. L. 101-123, § 2(a), Oct. 23, 1989; Pub. L.
103-322, Title XXXIII, § 330002(a), (f), September 13, 1994
Synopsis : These laws pertain to the specific agencies and/or private industries as relevant to the
Whistleblower Protection Act.
[Page 97]
88 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 89	1952 EXCHANGE OF CORRESPONDENCE BETWEEN


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Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

THE DIRECTOR OF THE BUREAU OF CENSUS AND THE
ARCHIVIST OF THE UNITED STATES
[referenced in 44 U.S.C. 2108 (b)]
DEPARTMENT OF COMMERCE, BUREAU OF
CENSUS,
Washington, D.C. August 26, 1952.
Dr. WAYNE C. GROVER,
Archivist of the United States,
Washington, D.C.
DEAR DR. GROVER: It is the policy of the Bureau of
the Census to provide the maximum physical protection
for the records which document its major programs, and
make available to as many people as possible the informa -
tion contained in such records consistent with national
security and the rights of individuals concerned. With
these ends in mind, we wish to make the following pro -
posals concerning the custody, maintenance and use of
the records of individuals enumerated in decennial pop -
ulation censuses:
The Bureau of the Census will transfer to the National
Archives and Records Service (1) the original schedules of
each decennial population census when they are no longer
required by the Bureau of the Census for active statistical


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

use and when the National Archives and Records Service
can provide space and service for them; (2) the negative
microfilm of such schedules when the Bureau of the Cen -
sus has obtained a positive copy of the microfilm; and
(3) the positive microfilm of these schedules when they
are no longer required by the Bureau of the Census in its
personal census service activities.
The Bureau of the Census desires that the National
Archives and Records Service observe the following pro -
visions pertaining to the use and maintenance of these
records subsequent to their transfer:
A. All negative microfilm copies of decennial pop -
ulation census schedules transferred to the National
Archives and Records Service shall be preserved as the
permanent records of such censuses. These negative copies will not be used as searching media or inserted
in reading devices except when necessary for inspection
incident to the proper maintenance of such records.
B. The National Archives and Records Service will,


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

upon request by the Bureau of the Census, furnish pos -
itive prints of any negative microfilm which has been
transferred to the former agency. The charge for this
service will be the cost of the positive film and its de -
velopment, plus a service charge of not more than ten
percent.
C. At no time after the National Archives and Re -
cords Service has accepted custody of both the negative
and positive microfilm copies of the schedules of a cen -
sus will both negative and positive copies of that census
be kept in the same city.
D. After the lapse of seventy-two years from the enu -
meration date of a decennial census, the National Ar -
chives and Records Service may disclose information
contained in these records for use in legitimate histori -
cal, genealogical or other worth-while research, provid -
ed adequate precautions are taken to make sure that the
information disclosed is not to be used to the detriment
of any of the persons whose records are involved. Prior


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

to the lapse of time specified above, the information
will be disclosed only by the Bureau of the Census from
microphotographic or other records in its possession.
Please let us know if these provisions are acceptable
to you. If they are, we shall make the necessary arrange -
ments to effect the movement of records now eligible
for transfer.
Sincerely yours,
Roy V. Peel,
Director.
***
[Page 98]
BASIC LAWS and AUTHORITIES  | 89	October 10, 1952
Dr. Roy V. Peel
Director, Bureau of the Census,
Department of Commerce, Washington, D.C.
DEAR DR. PEEL: This is in reply to our offer to trans -
fer periodically to the National Archives and Records Ser -
vice the original schedules of each decennial population
census when these are no longer needed for active statisti -
cal use, the negative microfilm of those population census
schedules for which the Bureau of the Census possesses
adequate positive microfilm copies, and the positive mi -
crofilm copies of those population census schedules which


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

the Bureau of the Census no longer desires to retain for
reference use.
In view of the established policy of the National Ar -
chives and Records Service to relieve agencies of records
accumulations no longer needed for current use, and to
preserve those records deemed to be of permanent value,
I am, in principle, in agreement with the transfer policy
stated in your letter of August 26, 1952.
I am also in agreement with the conditions you state
with respect to the use and maintenance of these records
(1) that the master set of negative microfilm to be trans -
ferred shall be preserved as the permanent records of the
decennial population census schedules, and that the mas -
ter negatives and the positive microfilm copies shall not
be kept in the same city; (2) that the National Archives
and Records Service will furnish the Bureau of the Census
with positive prints of the negative microfilm whenever


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

requested, and that the charge for such service shall not exceed the cost of the positive film and its development
plus an overhead of not more than ten percent, provided,
however, that the production of the initial set of positive
microfilm copies of a decennial population census shall
be the responsibility of the Bureau of the Census; and (3)
that after “seventy-two years from the enumeration date
of a decennial census, the National Archives and Records
Service may disclose information contained in these re -
cords for use in legitimate historical, genealogical or other
worth-while research.”
With respect to the foregoing restrictions on disclo -
sure of information it is understood that the applicable
conditions of legitimacy will be those now in force, (1)
a searcher’s reputation as in fact a research worker or
professional genealogist; (2) a searcher’s connection with
an established institution of learning or research; (3) a
searcher’s connection with the person or family whose


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

records are desired, either by immediate relationship
or by authorization; and (4) the lapse of time since the
appearance of possibly detrimental information, con -
sidered in conjunction with the legitimacy of public or
scholarly interest in the factual data relating to a histor -
ical personage.
In accordance with these mutually acceptable provi -
sions, at your convenience we are prepared to make the
necessary arrangements to effect the movement of records
now eligible for transfer.
Sincerely yours,
Wayne C. Grover,
Archivist of the United States.
[Page 99]
90 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 91	EXECUTIVE ORDER 11440—
PROVIDING FOR THE SUPPLEMENTAL
USE OF EXHIBITS AND DISPLAYS CREATED
IN FURTHERANCE OF AUTHORIZED PROGRAMS
OF EXECUTIVE DEPARTMENTS AND AGENCIES
Source: The provisions of Executive Order 11440 of Dec. 11, 1968,
appear at 33 FR 18475, 3 CFR, 1966-1970 Comp., p. 756, unless otherwise noted.
WHEREAS the executive departments and agencies of the


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

Government, in discharging their various responsibilities,
create a large volume of materials (including books,
correspondence, documents, papers, pamphlets, works
of art, models, pictures, photographs, plats, maps, films,
motion pictures, sound recordings, and other objects of
historical or commemorative value) which from time
to time are incorporated into or reproduced for use in
exhibits or other types of visual displays needed for use in
carrying out their programs; and
WHEREAS under Chapter 21 of Title 44, United States
Code, the Archivist of the United States is authorized to
accept for deposit in the National Archives of the United
States the records of any Federal agency or of the Congress
of the United States that are determined by the Archivist
to have sufficient historical or other value to warrant their
continued preservation by the United States Government,
as well as the papers and other historical materials of any
official or former official of the Government, and to make


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

provisions for the exhibition of materials transferred to
him; and
WHEREAS many of the exhibits and displays so
prepared, produced, or otherwise created by the executive
departments and agencies possess historical significance
which warrants their preservation and exhibition as part
of the archival and cultural heritage of the United States:
NOW, THEREFORE, by virtue of the authority vested
in me as President of the United States, it is hereby
ordered as follows:Section 1. The heads of all executive departments and
agencies are directed—
(a) when initiating plans for the preparation, production,
or other creation of exhibits and displays in furtherance
of their program missions, to confer with the Archivist
of the United States, or his designee, for the purpose
of assuring that any such exhibits or displays which the
Archivist finds appropriate for supplemental exhibition as
part of the archival and cultural heritage of the United
States are prepared, produced, or otherwise created in a


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

manner which assures, to the maximum possible extent,
their appropriateness, after they have served their primary
program purpose, for such supplemental exhibition, and
(b) to transfer to the Archivist, without reimbursement,
such exhibits or displays as he determines are appropriate
for such supplemental exhibition after they have served
their primary program purpose, subject to such conditions
requiting return to the department or agency of all or any
of the materials incorporated in the exhibits or displays as
may be mutually agreeable.
[Preamble and sec. 1 amended by Executive Order 12608
of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p.
245]
Sec. 2. The Archivist of the United States is directed to—
(a) provide advice, counsel, and assistance to the heads
of executive departments and agencies in the preparation,
production, or other creation of exhibits and displays
which he finds will have future value for exhibition as
part of the archival and cultural heritage of the United
States; and


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

[Page 100]
BASIC LAWS and AUTHORITIES  | 91	(b) accept any such exhibit or display when it has served
its primary program purpose and (1) arrange for its
supplemental exhibition as appropriate, (2) preserve any
such exhibit or display which possesses sufficient historical
or other value to warrant continued preservation, or
(3) dispose of any such exhibit or display when, in his
judgment, the reasons for its continued preservation or exhibition cease to exist, all subject to the conditions
agreed upon incident to transfer to the Archivist of the
United States of the exhibit or display.
[Sec. 2 amended by Executive Order 12608 of Sept. 9,
1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]
[Page 101]
92 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 93	EXECUTIVE ORDER 12600—
PREDISCLOSURE NOTIFICATION PROCEDURES FOR
CONFIDENTIAL COMMERCIAL INFORMATION
Source: The provisions of Executive Order 12600 of June 23, 1987,
appear at 52 FR 23781, 3 CFR, 1987 Comp., p. 235, unless otherwise noted.


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

By the authority vested in me as President by the
Constitution and statutes of the United States of
America, and in order to provide predisclosure
notification procedures under the Freedom of
Information Act concerning confidential commercial
information, and to make existing agency notification
provisions more uniform, it is hereby ordered as
follows:
Section 1.  The head of each Executive department and
agency subject to the Freedom of Information Act shall,
to the extent permitted by law, establish procedures to
notify submitters of records containing confidential
commercial information as described in section 3 of
this Order, when those records are requested under the
Freedom of Information Act (FOIA), 5 U.S.C. 552, as
amended, if after reviewing the request, the responsive
records, and any appeal by the requester, the department
or agency determines that it may be required to disclose
the records. Such notice requires that an agency use
good faith efforts to advise submitters of confidential


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

commercial information of the procedures established
under this Order. Further, where notification of a
voluminous number of submitters is required, such
notification may be accomplished by posting or
publishing the notice in a place reasonably calculated to
accomplish notification.
Sec. 2 . For purposes of this Order, the following
definitions apply:
(a) “Confidential commercial information” means records
provided to the government by a submitter that arguably
contain material exempt from release under Exemption 4
of the Freedom of Information Act, 5 U.S.C. 552(b)(4),
because disclosure could reasonably be expected to cause
substantial competitive harm.(b) “Submitter” means any person or entity who
provides confidential commercial information to the
government. The term “submitter” includes, but is not
limited to, corporations, state governments, and foreign
governments.
Sec. 3.  (a) For confidential commercial information
submitted prior to January 1, 1988, the head of each


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

Executive department or agency shall, to the extent
permitted by law, provide a submitter with notice
pursuant to section 1 whenever:
(i) the records are less than 10 years old and the infor -
mation has been designated by the submitter as confiden -
tial commercial information; or
(ii) the department or agency has reason to believe that
disclosure of the information could reasonably be expect -
ed to cause substantial competitive harm.
(b) For confidential commercial information submitted
on or after January 1, 1988, the head of each Executive
department or agency shall, to the extent permitted by law,
establish procedures to permit submitters of confidential
commercial information to designate, at the time the
information is submitted to the Federal government
or a reasonable time thereafter, any information the
disclosure of which the submitter claims could reasonably
be expected to cause substantial competitive harm. Such
agency procedures may provide for the expiration, after