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

124 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 125	provisions of paragraph (h) of this section in a scheduled
and prioritized manner determined by the Center.
(j) At least 1 year before information is subject to
automatic declassification under this section, an agency
head or senior agency official shall notify the Director
of the Information Security Oversight Office, serving
as Executive Secretary of the Panel, of any specific
information that the agency proposes to exempt from
automatic declassification under paragraphs (b) and (h)
of this section.
(1) The notification shall include:
(A) a detailed description of the information, either
by reference to information in specific records or in the
form of a declassification guide;
(B) an explanation of why the information should
be exempt from automatic declassification and must re -
main classified for a longer period of time; and
(C) a specific date or a specific and independently


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

verifiable event for automatic declassification of specific
records that contain the information proposed for ex -
emption.
(2) The Panel may direct the agency not to exempt the
information or to declassify it at an earlier date than rec -
ommended. An agency head may appeal such a decision
to the President through the National Security Advisor.
The information will remain classified while such an ap -
peal is pending.
(k) For information in a file series of records determined
not to have permanent historical value, the duration of
classification beyond 25 years shall be the same as the
disposition (destruction) date of those records in each
Agency Records Control Schedule or General Records
Schedule, although the duration of classification shall
be extended if the record has been retained for business
reasons beyond the scheduled disposition date.
Sec. 3.4.  Systematic Declassification Review.  (a) Each
agency that has originated classified information under


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

this order or its predecessors shall establish and conduct a
program for systematic declassification review for records
of permanent historical value exempted from automatic
declassification under section 3.3 of this order. Agencies shall prioritize their review of such records in accordance
with priorities established by the Center.
(b) The Archivist shall conduct a systematic
declassification review program for classified records:  (1)
accessioned into the National Archives; (2) transferred to
the Archivist pursuant to 44 U.S.C. 2203; and (3) for
which the National Archives serves as the custodian for
an agency or organization that has gone out of existence.
Sec. 3.5.  Mandatory Declassification Review.  (a)
Except as provided in paragraph (b) of this section, all
information classified under this order or predecessor
orders shall be subject to a review for declassification by
the originating agency if:
(1) the request for a review describes the document or


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

material containing the information with sufficient spec -
ificity to enable the agency to locate it with a reasonable
amount of effort;
(2) the document or material containing the informa -
tion responsive to the request is not contained within an
operational file exempted from search and review, publi -
cation, and disclosure under 5 U.S.C. 552 in accordance
with law; and
(3) the information is not the subject of pending liti -
gation.
(b) Information originated by the incumbent President or
the incumbent Vice President; the incumbent President’s
White House Staff or the incumbent Vice President’s
Staff; committees, commissions, or boards appointed
by the incumbent President; or other entities within
the Executive Office of the President that solely advise
and assist the incumbent President is exempted from the
provisions of paragraph (a) of this section. However, the
Archivist shall have the authority to review, downgrade,
and declassify papers or records of former Presidents


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

and Vice Presidents under the control of the Archivist
pursuant to 44 U.S.C. 2107, 2111, 2111 note, or 2203.
Review procedures developed by the Archivist shall
provide for consultation with agencies having primary
subject matter interest and shall be consistent with the
provisions of applicable laws or lawful agreements that
pertain to the respective Presidential papers or records.
Agencies with primary subject matter interest shall be
notified promptly of the Archivist’s decision. Any final
[Page 134]
BASIC LAWS and AUTHORITIES  | 125	decision by the Archivist may be appealed by the requester
or an agency to the Panel. The information shall remain
classified pending a prompt decision on the appeal.
(c) Agencies conducting a mandatory review for
declassification shall declassify information that no longer
meets the standards for classification under this order.
They shall release this information unless withholding is
otherwise authorized and warranted under applicable law.


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

(d) If an agency has reviewed the requested information
for declassification within the past 2 years, the agency
need not conduct another review and may instead inform
the requester of this fact and the prior review decision
and advise the requester of appeal rights provided under
subsection (e) of this section.
(e) In accordance with directives issued pursuant to this
order, agency heads shall develop procedures to process
requests for the mandatory review of classified information.
These procedures shall apply to information classified under
this or predecessor orders. They also shall provide a means
for administratively appealing a denial of a mandatory
review request, and for notifying the requester of the right
to appeal a final agency decision to the Panel.
(f) After consultation with affected agencies, the
Secretary of Defense shall develop special procedures
for the review of cryptologic information; the Director
of National Intelligence shall develop special procedures


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

for the review of information pertaining to intelligence
sources, methods, and activities; and the Archivist shall
develop special procedures for the review of information
accessioned into the National Archives.
(g) Documents required to be submitted for prepublication
review or other administrative process pursuant to an
approved nondisclosure agreement are not covered by
this section.
(h) This section shall not apply to any request for a review
made to an element of the Intelligence Community that
is made by a person other than an individual as that
term is defined by 5 U.S.C. 552a(a)(2), or by a foreign
government entity or any representative thereof.
Sec. 3.6.  Processing Requests and Reviews.  Notwithstanding
section 4.1(i) of this order, in response to a request for
information under the Freedom of Information Act, the Presidential Records Act, the Privacy Act of 1974, or the
mandatory review provisions of this order:
(a) An agency may refuse to confirm or deny the existence


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

or nonexistence of requested records whenever the fact
of their existence or nonexistence is itself classified under
this order or its predecessors.
(b) When an agency receives any request for documents
in its custody that contain classified information that
originated with other agencies or the disclosure of which
would affect the interests or activities of other agencies
with respect to the classified information, or identifies
such documents in the process of implementing sections
3.3 or 3.4 of this order, it shall refer copies of any request
and the pertinent documents to the originating agency
for processing and may, after consultation with the
originating agency, inform any requester of the referral
unless such association is itself classified under this order
or its predecessors. In cases in which the originating
agency determines in writing that a response under
paragraph (a) of this section is required, the referring
agency shall respond to the requester in accordance with
that paragraph.


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

(c) Agencies may extend the classification of information
in records determined not to have permanent historical
value or nonrecord materials, including artifacts, beyond
the time frames established in sections 1.5(b) and 2.2(f)
of this order, provided:
(1) the specific information has been approved pursu -
ant to section 3.3(j) of this order for exemption from au -
tomatic declassification; and
(2) the extension does not exceed the date established in
section 3.3(j) of this order.
Sec. 3.7.  National Declassification Center  (a) There
is established within the National Archives a National
Declassification Center to streamline declassification
processes, facilitate quality-assurance measures,
and implement standardized training regarding the
declassification of records determined to have permanent
historical value. There shall be a Director of the Center
who shall be appointed or removed by the Archivist
in consultation with the Secretaries of State, Defense,


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

Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence.
[Page 135]
126 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 127	(b) Under the administration of the Director, the Center
shall coordinate:
(1) timely and appropriate processing of referrals in
accordance with section 3.3(d)(3) of this order for ac -
cessioned Federal records and transferred presidential re -
cords.
(2) general interagency declassification activities neces -
sary to fulfill the requirements of sections 3.3 and 3.4 of
this order;
(3) the exchange among agencies of detailed declassifi -
cation guidance to enable the referral of records in accor -
dance with section 3.3(d)(3) of this order;
(4) the development of effective, transparent, and stan -
dard declassification work processes, training, and quality
assurance measures;
(5) the development of solutions to declassification
challenges posed by electronic records, special media, and
emerging technologies;


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

(6) the linkage and effective utilization of existing agen -
cy databases and the use of new technologies to docu -
ment and make public declassification review decisions
and support declassification activities under the purview
of the Center; and
(7) storage and related services, on a reimbursable basis,
for Federal records containing classified national security
information.
(c) Agency heads shall fully cooperate with the Archivist
in the activities of the Center and shall:
(1) provide the Director with adequate and current de -
classification guidance to enable the referral of records in
accordance with section 3.3(d)(3) of this order; and
(2) upon request of the Archivist, assign agency per -
sonnel to the Center who shall be delegated authority by
the agency head to review and exempt or declassify infor -
mation originated by their agency contained in records
accessioned into the National Archives, after consultation
with subject-matter experts as necessary.


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

(d) The Archivist, in consultation with representatives of
the participants in the Center and after input from the general public, shall develop priorities for declassification
activities under the purview of the Center that take
into account the degree of researcher interest and the
likelihood of declassification.
(e) Agency heads may establish such centralized facilities
and internal operations to conduct internal declassification
reviews as appropriate to achieve optimized records
management and declassification business processes.
Once established, all referral processing of accessioned
records shall take place at the Center, and such agency
facilities and operations shall be coordinated with the
Center to ensure the maximum degree of consistency in
policies and procedures that relate to records determined
to have permanent historical value.
(f) Agency heads may exempt from automatic
declassification or continue the classification of their
own originally classified information under section 3.3(a)


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

of this order except that in the case of the Director of
National Intelligence, the Director shall also retain such
authority with respect to the Intelligence Community.
(g) The Archivist shall, in consultation with the Secretaries of
State, Defense, Energy, and Homeland Security, the Attorney
General, the Director of National Intelligence, the Director
of the Central Intelligence Agency, and the Director of the
Information Security Oversight Office, provide the National
Security Advisor with a detailed concept of operations for the
Center and a proposed implementing directive under section
5.1 of this order that reflects the coordinated views of the
aforementioned agencies.
PART 4—SAFEGUARDING
Sec. 4.1.  General Restrictions on Access.  (a) A person
may have access to classified information provided that:
(1) a favorable determination of eligibility for access
has been made by an agency head or the agency head’s
designee;
(2) the person has signed an approved nondisclosure
agreement; and


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

(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access
to classified information in paragraph (a) of this section
shall receive contemporaneous training on the proper
[Page 136]
BASIC LAWS and AUTHORITIES  | 127	safeguarding of classified information and on the
criminal, civil, and administrative sanctions that may be
imposed on an individual who fails to protect classified
information from unauthorized disclosure.
(c) An official or employee leaving agency service may not
remove classified information from the agency’s control
or direct that information be declassified in order to
remove it from agency control.
(d) Classified information may not be removed from
official premises without proper authorization.
(e) Persons authorized to disseminate classified
information outside the executive branch shall ensure the
protection of the information in a manner equivalent to
that provided within the executive branch.


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

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


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

regulations, each agency head or senior agency official, or
with respect to the Intelligence Community, the Director
of National Intelligence, shall establish controls to ensure
that classified information is used, processed, stored,
reproduced, transmitted, and destroyed under conditions
that provide adequate protection and prevent access by
unauthorized persons.(h) Consistent with directives issued pursuant to this
order, an agency shall safeguard foreign government
information under standards that provide a degree of
protection at least equivalent to that required by the
government or international organization of governments
that furnished the information. When adequate to achieve
equivalency, these standards may be less restrictive than
the safeguarding standards that ordinarily apply to U.S.
“Confidential” information, including modified handling
and transmission and allowing access to individuals with
a need-to-know who have not otherwise been cleared for


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

access to classified information or executed an approved
nondisclosure agreement.
(i)(1) Classified information originating in one agency
may be disseminated to another agency or U.S. entity by
any agency to which it has been made available without
the consent of the originating agency, as long as the
criteria for access under section 4.1(a) of this order are
met, unless the originating agency has determined that
prior authorization is required for such dissemination
and has marked or indicated such requirement on
the medium containing the classified information
in accordance with implementing directives issued
pursuant to this order.
(2) Classified information originating in one agency
may be disseminated by any other agency to which it has
been made available to a foreign government in accor -
dance with statute, this order, directives implementing
this order, direction of the President, or with the consent
of the originating agency. For the purposes of this section,


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

“foreign government” includes any element of a foreign
government, or an international organization of govern -
ments, or any element thereof.
(3) Documents created prior to the effective date of this
order shall not be disseminated outside any other agency
to which they have been made available without the con -
sent of the originating agency. An agency head or senior
agency official may waive this requirement for specific in -
formation that originated within that agency.
(4) For purposes of this section, the Department of De -
fense shall be considered one agency, except that any dis -
semination of information regarding intelligence sources,
methods, or activities shall be consistent with directives
issued pursuant to section 6.2(b) of this order.
[Page 137]
128 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 129	(5) Prior consent of the originating agency is not re -
quired when referring records for declassification review
that contain information originating in more than one
agency.


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Sec. 4.2.  Distribution Controls.  (a) The head of
each agency shall establish procedures in accordance
with applicable law and consistent with directives
issued pursuant to this order to ensure that classified
information is accessible to the maximum extent possible
by individuals who meet the criteria set forth in section
4.1(a) of this order.
(b) In an emergency, when necessary to respond to an
imminent threat to life or in defense of the homeland, the
agency head or any designee may authorize the disclosure
of classified information (including information marked
pursuant to section 4.1(i)(1) of this order) to an individual
or individuals who are otherwise not eligible for access.
Such actions shall be taken only in accordance with
directives implementing this order and any procedure
issued by agencies governing the classified information,
which shall be designed to minimize the classified
information that is disclosed under these circumstances


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

and the number of individuals who receive it. Information
disclosed under this provision or implementing directives
and procedures shall not be deemed declassified as a result
of such disclosure or subsequent use by a recipient. Such
disclosures shall be reported promptly to the originator
of the classified information. For purposes of this
section, the Director of National Intelligence may issue
an implementing directive governing the emergency
disclosure of classified intelligence information.
(c) Each agency shall update, at least annually, the
automatic, routine, or recurring distribution mechanism
for classified information that it distributes. Recipients
shall cooperate fully with distributors who are updating
distribution lists and shall notify distributors whenever a
relevant change in status occurs.
Sec. 4.3.  Special Access Programs.  (a) Establishment
of special access programs. Unless otherwise authorized
by the President, only the Secretaries of State, Defense,


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

Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence, or the principal
deputy of each, may create a special access program. For
special access programs pertaining to intelligence sources, methods, and activities (but not including military
operational, strategic, and tactical programs), this function
shall be exercised by the Director of National Intelligence.
These officials shall keep the number of these programs
at an absolute minimum, and shall establish them only
when the program is required by statute or upon a specific
finding that:
(1) the vulnerability of, or threat to, specific informa -
tion is exceptional; and
(2) the normal criteria for determining eligibility for ac -
cess applicable to information classified at the same level
are not deemed sufficient to protect the information from
unauthorized disclosure.
(b) Requirements and limitations.  (1) Special access
programs shall be limited to programs in which the


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

number of persons who ordinarily will have access will
be reasonably small and commensurate with the objective
of providing enhanced protection for the information
involved.
(2) Each agency head shall establish and maintain a sys -
tem of accounting for special access programs consistent
with directives issued pursuant to this order.
(3) Special access programs shall be subject to the
oversight program established under section 5.4(d) of
this order. In addition, the Director of the Informa -
tion Security Oversight Office shall be afforded access
to these programs, in accordance with the security re -
quirements of each program, in order to perform the
functions assigned to the Information Security Over -
sight Office under this order. An agency head may lim -
it access to a special access program to the Director
of the Information Security Oversight Office and no
more than one other employee of the Information Se -
curity Oversight Office or, for special access programs


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

that are extraordinarily sensitive and vulnerable, to the
Director only.
(4) The agency head or principal deputy shall review
annually each special access program to determine wheth -
er it continues to meet the requirements of this order.
(5) Upon request, an agency head shall brief the Na -
tional Security Advisor, or a designee, on any or all of the
agency’s special access programs.
[Page 138]
BASIC LAWS and AUTHORITIES  | 129	(6) For the purposes of this section, the term “agen -
cy head” refers only to the Secretaries of State, Defense,
Energy, and Homeland Security, the Attorney General,
and the Director of National Intelligence, or the principal
deputy of each.
(c) Nothing in this order shall supersede any requirement
made by or under 10 U.S.C. 119.
Sec. 4.4.  Access by Historical Researchers and Certain
Former Government Personnel.  (a) The requirement
in section 4.1(a)(3) of this order that access to classified
information may be granted only to individuals who


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

have a need to-know the information may be waived for
persons who:
(1) are engaged in historical research projects;
(2) previously have occupied senior policy-making po -
sitions to which they were appointed or designated by the
President or the Vice President; or
(3) served as President or Vice President.
(b) Waivers under this section may be granted only if the
agency head or senior agency official of the originating
agency:
(1) determines in writing that access is consistent with
the interest of the national security;
(2) takes appropriate steps to protect classified infor -
mation from unauthorized disclosure or compromise, and
ensures that the information is safeguarded in a manner
consistent with this order; and
(3) limits the access granted to former Presidential ap -
pointees or designees and Vice Presidential appointees or
designees to items that the person originated, reviewed,
signed, or received while serving as a Presidential or Vice
Presidential appointee or designee.


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

PART 5—IMPLEMENTATION AND REVIEW
Sec. 5.1.  Program Direction.  (a) The Director of the
Information Security Oversight Office, under the
direction of the Archivist and in consultation with the
National Security Advisor, shall issue such directives as
are necessary to implement this order. These directives
shall be binding on the agencies. Directives issued by the Director of the Information Security Oversight Office
shall establish standards for:
(1) classification, declassification, and marking princi -
ples;
(2) safeguarding classified information, which shall
pertain to the handling, storage, distribution, transmittal,
and destruction of and accounting for classified informa -
tion;
(3) agency security education and training programs;
(4) agency self-inspection programs; and
(5) classification and declassification guides.
(b) The Archivist shall delegate the implementation and
monitoring functions of this program to the Director of
the Information Security Oversight Office.


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

(c) The Director of National Intelligence, after
consultation with the heads of affected agencies and the
Director of the Information Security Oversight Office,
may issue directives to implement this order with respect
to the protection of intelligence sources, methods, and
activities. Such directives shall be consistent with this
order and directives issued under paragraph (a) of this
section.
Sec. 5.2.  Information Security Oversight Office.  (a)
There is established within the National Archives an
Information Security Oversight Office. The Archivist
shall appoint the Director of the Information Security
Oversight Office, subject to the approval of the President.
(b) Under the direction of the Archivist, acting in
consultation with the National Security Advisor, the
Director of the Information Security Oversight Office
shall:
(1) develop directives for the implementation of this
order;
(2) oversee agency actions to ensure compliance with
this order and its implementing directives;


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

(3) review and approve agency implementing regula -
tions prior to their issuance to ensure their consistency
with this order and directives issued under section 5.1(a)
of this order;
[Page 139]
130 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 131	(4) have the authority to conduct on-site reviews of
each agency’s program established under this order, and
to require of each agency those reports and information
and other cooperation that may be necessary to fulfill its
responsibilities. If granting access to specific categories of
classified information would pose an exceptional national
security risk, the affected agency head or the senior agency
official shall submit a written justification recommending
the denial of access to the President through the National
Security Advisor within 60 days of the request for access.
Access shall be denied pending the response;
(5) review requests for original classification authority
from agencies or officials not granted original classifica -


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

tion authority and, if deemed appropriate, recommend
Presidential approval through the National Security Ad -
visor;
(6) consider and take action on complaints and sug -
gestions from persons within or outside the Government
with respect to the administration of the program estab -
lished under this order;
(7) have the authority to prescribe, after consultation
with affected agencies, standardization of forms or proce -
dures that will promote the implementation of the pro -
gram established under this order;
(8) report at least annually to the President on the im -
plementation of this order; and
(9) convene and chair interagency meetings to discuss
matters pertaining to the program established by this order.
Sec. 5.3.  Interagency Security Classification Appeals
Panel.
(a) Establishment and administration.
(1) There is established an Interagency Security Classifi -
cation Appeals Panel. The Departments of State, Defense,
and Justice, the National Archives, the Office of the Di -


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Topic: Employment Law - Wrongful Dismissal | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

rector of National Intelligence, and the National Security
Advisor shall each be represented by a senior-level repre -
sentative who is a full-time or permanent part-time Fed -
eral officer or employee designated to serve as a member
of the Panel by the respective agency head. The President
shall designate a Chair from among the members of the
Panel.(2) Additionally, the Director of the Central Intelli -
gence Agency may appoint a temporary representative
who meets the criteria in paragraph (a)(1) of this section
to participate as a voting member in all Panel delibera -
tions and associated support activities concerning classi -
fied information originated by the Central Intelligence
Agency.
(3) A vacancy on the Panel shall be filled as quickly as
possible as provided in paragraph (a)(1) of this section.
(4) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary of the Pan -
el. The staff of the Information Security Oversight Office


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

shall provide program and administrative support for the
Panel.
(5) The members and staff of the Panel shall be required
to meet eligibility for access standards in order to fulfill
the Panel’s functions.
(6) The Panel shall meet at the call of the Chair. The
Chair shall schedule meetings as may be necessary for the
Panel to fulfill its functions in a timely manner.
(7) The Information Security Oversight Office shall
include in its reports to the President a summary of the
Panel’s activities.
(b) Functions. The Panel shall:
(1) decide on appeals by persons who have filed classifi -
cation challenges under section 1.8 of this order;
(2) approve, deny, or amend agency exemptions from
automatic declassification as provided in section 3.3 of
this order;
(3) decide on appeals by persons or entities who have
filed requests for mandatory declassification review under
section 3.5 of this order; and
(4) appropriately inform senior agency officials and the
public of final Panel decisions on appeals under sections


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

1.8 and 3.5 of this order.
(c) Rules and procedures. The Panel shall issue bylaws,
which shall be published in the Federal Register. The
bylaws shall establish the rules and procedures that the
Panel will follow in accepting, considering, and issuing
[Page 140]
BASIC LAWS and AUTHORITIES  | 131	decisions on appeals. The rules and procedures of the
Panel shall provide that the Panel will consider appeals
only on actions in which:
(1) the appellant has exhausted his or her administra -
tive remedies within the responsible agency;
(2) there is no current action pending on the issue with -
in the Federal courts; and
(3) the information has not been the subject of review
by the Federal courts or the Panel within the past 2 years.
(d) Agency heads shall cooperate fully with the Panel
so that it can fulfill its functions in a timely and fully
informed manner. The Panel shall report to the President
through the National Security Advisor any instance in
which it believes that an agency head is not cooperating


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

fully with the Panel.
(e) The Panel is established for the sole purpose of
advising and assisting the President in the discharge of his
constitutional and discretionary authority to protect the
national security of the United States. Panel decisions are
committed to the discretion of the Panel, unless changed
by the President.
(f) An agency head may appeal a decision of the Panel to
the President through the National Security Advisor. The
information shall remain classified pending a decision on
the appeal.
Sec. 5.4.  General Responsibilities.  Heads of agencies that
originate or handle classified information shall:
(a) demonstrate personal commitment and commit
senior management to the successful implementation of
the program established under this order;
(b) commit necessary resources to the effective
implementation of the program established under this
order;
(c) ensure that agency records systems are designed and
maintained to optimize the appropriate sharing and


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

safeguarding of classified information, and to facilitate its
declassification under the terms of this order when it no
longer meets the standards for continued classification;
and(d) designate a senior agency official to direct and
administer the program, whose responsibilities shall
include:
(1) overseeing the agency’s program established under
this order, provided an agency head may designate a sep -
arate official to oversee special access programs authorized
under this order. This official shall provide a full account -
ing of the agency’s special access programs at least annu -
ally;
(2) promulgating implementing regulations, which
shall be published in the Federal Register to the extent
that they affect members of the public;
(3) establishing and maintaining security education
and training programs;
(4) establishing and maintaining an ongoing self in -
spection program, which shall include the regular reviews
of representative samples of the agency’s original and de -


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

rivative classification actions, and shall authorize appro -
priate agency officials to correct misclassification actions
not covered by sections 1.7(c) and 1.7(d) of this order;
and reporting annually to the Director of the Information
Security Oversight Office on the agency’s self-inspection
program;
(5) establishing procedures consistent with directives is -
sued pursuant to this order to prevent unnecessary access
to classified information, including procedures that:
(A) require that a need for access to classified infor -
mation be established before initiating administrative
clearance procedures; and
(B) ensure that the number of persons granted access
to classified information meets the mission needs of the
agency while also satisfying operational and security re -
quirements and needs;
(6) developing special contingency plans for the safe -
guarding of classified information used in or near hostile
or potentially hostile areas;
(7) ensuring that the performance contract or other


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

system used to rate civilian or military personnel per -
formance includes the designation and management of
classified information as a critical element or item to be
evaluated in the rating of:
[Page 141]
132 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 133	(A) original classification authorities;
(B) security managers or security specialists; and
(C) all other personnel whose duties significantly in -
volve the creation or handling of classified information,
including personnel who regularly apply derivative clas -
sification markings;
(8) accounting for the costs associated with the imple -
mentation of this order, which shall be reported to the
Director of the Information Security Oversight Office for
publication;
(9) assigning in a prompt manner agency personnel to
respond to any request, appeal, challenge, complaint, or
suggestion arising out of this order that pertains to clas -
sified information that originated in a component of the


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

agency that no longer exists and for which there is no clear
successor in function; and
(10) establishing a secure capability to receive informa -
tion, allegations, or complaints regarding over-classifica -
tion or incorrect classification within the agency and to
provide guidance to personnel on proper classification as
needed.
Sec. 5.5.  Sanctions.  (a) If the Director of the Information
Security Oversight Office finds that a violation of this
order or its implementing directives has occurred, the
Director shall make a report to the head of the agency
or to the senior agency official so that corrective steps, if
appropriate, may be taken.
(b) Officers and employees of the United States
Government, and its contractors, licensees, certificate
holders, and grantees shall be subject to appropriate
sanctions if they knowingly, willfully, or negligently:
(1) disclose to unauthorized persons information prop -
erly classified under this order or predecessor orders;


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

(2) classify or continue the classification of information
in violation of this order or any implementing directive;
(3) create or continue a special access program contrary
to the requirements of this order; or
(4) contravene any other provision of this order or its
implementing directives.(c) Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority,
loss or denial of access to classified information, or other
sanctions in accordance with applicable law and agency
regulation.
(d) The agency head, senior agency official, or other
supervisory official shall, at a minimum, promptly
remove the classification authority of any individual who
demonstrates reckless disregard or a pattern of error in
applying the classification standards of this order.
(e) The agency head or senior agency official shall:
(1) take appropriate and prompt corrective action when
a violation or infraction under paragraph (b) of this sec -
tion occurs; and


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

(2) notify the Director of the Information Security
Oversight Office when a violation under paragraph (b)
(1), (2), or (3) of this section occurs.
PART 6—GENERAL PROVISIONS
Sec. 6.1.  Definitions.  For purposes of this order:
(a) “Access” means the ability or opportunity to gain
knowledge of classified information.
(b) “Agency” means any “Executive agency,” as defined
in 5 U.S.C. 105; any “Military department” as defined in
5 U.S.C. 102; and any other entity within the executive
branch that comes into the possession of classified
information.
(c) “Authorized holder” of classified information means
anyone who satisfies the conditions for access stated in
section 4.1(a) of this order.
(d) “Automated information system” means an assembly
of computer hardware, software, or firmware configured
to collect, create, communicate, compute, disseminate,
process, store, or control data or information.
(e) “Automatic declassification” means the declassification
of information based solely upon:


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

(1) the occurrence of a specific date or event as deter -
mined by the original classification authority; or
(2) the expiration of a maximum time frame for dura -
[Page 142]
BASIC LAWS and AUTHORITIES  | 133	tion of classification established under this order.
(f) “Classification” means the act or process by which
information is determined to be classified information.
(g) “Classification guidance” means any instruction
or source that prescribes the classification of specific
information.
(h) “Classification guide” means a documentary form of
classification guidance issued by an original classification
authority that identifies the elements of information
regarding a specific subject that must be classified and
establishes the level and duration of classification for each
such element.
(i) “Classified national security information” or “classified
information” means information that has been determined
pursuant to this order or any predecessor order to require


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

protection against unauthorized disclosure and is marked
to indicate its classified status when in documentary form.
(j) “Compilation” means an aggregation of preexisting
unclassified items of information.
(k) “Confidential source” means any individual or
organization that has provided, or that may reasonably
be expected to provide, information to the United States
on matters pertaining to the national security with the
expectation that the information or relationship, or both,
are to be held in confidence.
(l) “Damage to the national security” means harm to
the national defense or foreign relations of the United
States from the unauthorized disclosure of information,
taking into consideration such aspects of the information
as the sensitivity, value, utility, and provenance of that
information.
(m) “Declassification” means the authorized change in
the status of information from classified information to
unclassified information.
(n) “Declassification guide” means written instructions


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

issued by a declassification authority that describes the
elements of information regarding a specific subject that
may be declassified and the elements that must remain
classified.
(o) “Derivative classification” means the incorporating, paraphrasing, restating, or generating in new form
information that is already classified, and marking the
newly developed material consistent with the classification
markings that apply to the source information. Derivative
classification includes the classification of information
based on classification guidance. The duplication or
reproduction of existing classified information is not
derivative classification.
(p) “Document” means any recorded information,
regardless of the nature of the medium or the method or
circumstances of recording.
(q) “Downgrading” means a determination by a
declassification authority that information classified and
safeguarded at a specified level shall be classified and
safeguarded at a lower level.


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

(r) “File series” means file units or documents arranged
according to a filing system or kept together because they
relate to a particular subject or function, result from the
same activity, document a specific kind of transaction,
take a particular physical form, or have some other
relationship arising out of their creation, receipt, or use,
such as restrictions on access or use.
(s) “Foreign government information” means:
(1) information provided to the United States
Government by a foreign government or governments,
an international organization of governments, or
any element thereof, with the expectation that the
information, the source of the information, or both, are
to be held in confidence;
(2) information produced by the United States Gov -
ernment pursuant to or as a result of a joint arrangement
with a foreign government or governments, or an interna -
tional organization of governments, or any element there -
of, requiring that the information, the arrangement, or


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

both, are to be held in confidence; or
(3) information received and treated as “foreign govern -
ment information” under the terms of a predecessor order.
(t) “Information” means any knowledge that can be
communicated or documentary material, regardless of
its physical form or characteristics, that is owned by, is
produced by or for, or is under the control of the United
States Government.
[Page 143]
134 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 135	(u) “Infraction” means any knowing, willful, or negligent
action contrary to the requirements of this order or
its implementing directives that does not constitute a
“violation,” as defined below.
(v) “Integral file block” means a distinct component
of a file series, as defined in this section, that should
be maintained as a separate unit in order to ensure the
integrity of the records. An integral file block may consist
of a set of records covering either a specific topic or a range


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

of time, such as a Presidential administration or a 5-year
retirement schedule within a specific file series that is retired
from active use as a group. For purposes of automatic
declassification, integral file blocks shall contain only
records dated within 10 years of the oldest record in the
file block.
(w) “Integrity” means the state that exists when
information is unchanged from its source and has not
been accidentally or intentionally modified, altered, or
destroyed.
(x) “Intelligence” includes foreign intelligence and
counterintelligence as defined by Executive Order 12333
of December 4, 1981, as amended, or by a successor
order.
(y) “Intelligence activities” means all activities that
elements of the Intelligence Community are authorized
to conduct pursuant to law or Executive Order 12333, as
amended, or a successor order.
(z) “Intelligence Community” means an element or
agency of the U.S. Government identified in or designated
pursuant to section 3(4) of the National Security Act of


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

1947, as amended, or section 3.5(h) of Executive Order
12333, as amended.
(aa) “Mandatory declassification review” means the review
for declassification of classified information in response to
a request for declassification that meets the requirements
under section 3.5 of this order.
(bb) “Multiple sources” means two or more source
documents, classification guides, or a combination of
both.
(cc) “National security” means the national defense or
foreign relations of the United States.(dd) “Need-to-know” means a determination within the
executive branch in accordance with directives issued
pursuant to this order that a prospective recipient requires
access to specific classified information in order to
perform or assist in a lawful and authorized governmental
function.
(ee) “Network” means a system of two or more computers
that can exchange data or information.
(ff) “Original classification” means an initial determination
that information requires, in the interest of the national


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

security, protection against unauthorized disclosure.
(gg) “Original classification authority” means an
individual authorized in writing, either by the President,
the Vice President, or by agency heads or other officials
designated by the President, to classify information in the
first instance.
(hh) “Records” means the records of an agency and
Presidential papers or Presidential records, as those terms
are defined in title 44, United States Code, including
those created or maintained by a government contractor,
licensee, certificate holder, or grantee that are subject to
the sponsoring agency’s control under the terms of the
contract, license, certificate, or grant.
(ii) “Records having permanent historical value” means
Presidential papers or Presidential records and the records
of an agency that the Archivist has determined should
be maintained permanently in accordance with title 44,
United States Code.
(jj) “Records management” means the planning,


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

controlling, directing, organizing, training, promoting,
and other managerial activities involved with respect
to records creation, records maintenance and use, and
records disposition in order to achieve adequate and
proper documentation of the policies and transactions
of the Federal Government and effective and economical
management of agency operations.
(kk) “Safeguarding” means measures and controls that are
prescribed to protect classified information.
(ll) “Self-inspection” means the internal review and
evaluation of individual agency activities and the agency
as a whole with respect to the implementation of the
[Page 144]
BASIC LAWS and AUTHORITIES  | 135	program established under this order and its implementing
directives.
(mm) “Senior agency official” means the official designated
by the agency head under section 5.4(d) of this order to
direct and administer the agency’s program under which
information is classified, safeguarded, and declassified.


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

(nn) “Source document” means an existing document
that contains classified information that is incorporated,
paraphrased, restated, or generated in new form into a
new document.
(oo) “Special access program” means a program
established for a specific class of classified information
that imposes safeguarding and access requirements that
exceed those normally required for information at the
same classification level.
(pp) “Systematic declassification review” means the review
for declassification of classified information contained in
records that have been determined by the Archivist to
have permanent historical value in accordance with title
44, United States Code.
(qq) “Telecommunications” means the preparation,
transmission, or communication of information by
electronic means.
(rr) “Unauthorized disclosure” means a communication
or physical transfer of classified information to an
unauthorized recipient.
(ss) “U.S. entity” includes:
(1) State, local, or tribal governments;


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

(2) State, local, and tribal law enforcement and fire -
fighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal emergency manage -
ment entities, including State Adjutants General and oth -
er appropriate public safety entities; or
(5) private sector entities serving as part of the nation’s
Critical Infrastructure/Key Resources.
(tt) “Violation” means:
(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized dis -
closure of classified information;
(2) any knowing, willful, or negligent action to classify
or continue the classification of information contrary to
the requirements of this order or its implementing direc -
tives; or
(3) any knowing, willful, or negligent action to create
or continue a special access program contrary to the re -
quirements of this order.
(uu) “Weapons of mass destruction” means any weapon
of mass destruction as defined in 50 U.S.C. 1801(p).


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

Sec. 6.2.  General Provisions.  (a) Nothing in this order
shall supersede any requirement made by or under the
Atomic Energy Act of 1954, as amended, or the National
Security Act of 1947, as amended. “Restricted Data” and
“Formerly Restricted Data” shall be handled, protected,
classified, downgraded, and declassified in conformity
with the provisions of the Atomic Energy Act of 1954, as
amended, and regulations issued under that Act.
(b) The Director of National Intelligence may, with
respect to the Intelligence Community and after
consultation with the heads of affected departments and
agencies, issue such policy directives and guidelines as
the Director of National Intelligence deems necessary to
implement this order with respect to the classification and
declassification of all intelligence and intelligence-related
information, and for access to and dissemination of all
intelligence and intelligence-related information, both
in its final form and in the form when initially gathered.


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Jurisdiction: UK | Practice Area: contract law
Topic: Constitutional Law - Separation of Powers | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

Procedures or other guidance issued by Intelligence
Community element heads shall be in accordance with
such policy directives or guidelines issued by the Director
of National Intelligence. Any such policy directives or
guidelines issued by the Director of National Intelligence
shall be in accordance with directives issued by the
Director of the Information Security Oversight Office
under section 5.1(a) of this order.
(c) The Attorney General, upon request by the head of
an agency or the Director of the Information Security
Oversight Office, shall render an interpretation of this
order with respect to any question arising in the course of
its administration.
[Page 145]
136 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 137	(d) Nothing in this order limits the protection afforded
any information by other provisions of law, including the
Constitution, Freedom of Information Act exemptions,
the Privacy Act of 1974, and the National Security Act of


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

1947, as amended. This order is not intended to and does
not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its
departments, agencies, or entities, its officers, employees,
or agents, or any other person. The foregoing is in addition
to the specific provisos set forth in sections 1.1(b), 3.1(c)
and 5.3(e) of this order.
(e) Nothing in this order shall be construed to obligate
action or otherwise affect functions by the Director of the
Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.(f) This order shall be implemented subject to the
availability of appropriations.
(g) Executive Order 12958 of April 17, 1995, and
amendments thereto, including Executive Order 13292
of March 25, 2003, are hereby revoked as of the effective
date of this order.
Sec. 6.3.  Effective Date.  This order is effective 180 days
from the date of this order, except for sections 1.7, 3.3,


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

and 3.7, which are effective immediately.
Sec. 6.4.  Publication.  The Archivist of the United States
shall publish this Executive Order in the Federal Register.
BARACK OBAMA
[Page 146]
BASIC LAWS and AUTHORITIES  | 137	THE FREEDOM OF INFORMATION ACT
5 U.S.C. § 552, As Amended
§552. PUBLIC INFORMATION; AGENCY
RULES, OPINIONS, ORDERS, RECORDS, AND
PROCEEDINGS
(a) Each agency shall make available to the public
information as follows:
(1) Each agency shall separately state and currently publish
in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and
the established places at which, the employees (and in the
case of a uniformed service, the members) from whom,
and the methods whereby, the public may obtain infor -
mation, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by
which its functions are channeled and determined, in -
cluding the nature and requirements of all formal and


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

informal procedures available;
(C) rules of procedure, descriptions of forms available
or the places at which forms may be obtained, and in -
structions as to the scope and contents of all papers, re -
ports, or examinations;
(D) substantive rules of general applicability adopted
as authorized by law, and statements of general policy or
interpretations of general applicability formulated and ad -
opted by the agency; and
(E) each amendment, revision, or repeal of the forego -
ing.
Except to the extent that a person has actual and timely
notice of the terms thereof, a person may not in any
manner be required to resort to, or be adversely affected by,
a matter required to be published in the Federal Register
and not so published. For the purpose of this paragraph,
matter reasonably available to the class of persons affected
thereby is deemed published in the Federal Register when
incorporated by reference therein with the approval of the


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Jurisdiction: UK | Practice Area: contract law
Topic: Tort Law - Occupiers Liability | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

Director of the Federal Register.(2) Each agency, in accordance with published rules,
shall make available for public inspection and copying—
(A) final opinions, including concurring and dissent -
ing opinions, as well as orders, made in the adjudica -
tion of cases;
(B) those statements of policy and interpretations
which have been adopted by the agency and are not
published in the Federal Register;
(C) administrative staff manuals and instructions to
staff that affect a member of the public;
(D) copies of all records, regardless of form or for -
mat, which have been released to any person under
paragraph (3) and which, because of the nature of their
subject matter, the agency determines have become or
are likely to become the subject of subsequent requests
for substantially the same records; and
(E) a general index of the records referred to under
subparagraph (D);
unless the materials are promptly published and copies
offered for sale. For records created on or after November


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

1, 1996, within one year after such date, each agency
shall make such records available, including by computer
telecommunications or, if computer telecommunications
means have not been established by the agency, by other
electronic means. To the extent required to prevent a
clearly unwarranted invasion of personal privacy, an
agency may delete identifying details when it makes
available or publishes an opinion, statement of policy,
interpretation, staff manual, instruction, or copies of
records referred to in subparagraph (D). However, in each
case the justification for the deletion shall be explained
fully in writing, and the extent of such deletion shall be
indicated on the portion of the record which is made
available or published, unless including that indication
would harm an interest protected by the exemption
in subsection (b) under which the deletion is made. If
technically feasible, the extent of the deletion shall be
indicated at the place in the record where the deletion was
[Page 151]


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

142 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 143	(D)(i) Each agency may promulgate regulations, pur -
suant to notice and receipt of public comment, providing
for multitrack processing of requests for records based on
the amount of work or time (or both) involved in pro -
cessing requests.
(ii) Regulations under this subparagraph may pro -
vide a person making a request that does not qualify
for the fastest multitrack processing an opportunity to
limit the scope of the request in order to qualify for
faster processing.
(iii) This subparagraph shall not be considered to af -
fect the requirement under subparagraph (C) to exer -
cise due diligence.
(E)(i) Each agency shall promulgate regulations, pur -
suant to notice and receipt of public comment, providing
for expedited processing of requests for records—
(I) in cases in which the person requesting the re -
cords demonstrates a compelling need; and
(II) in other cases determined by the agency.


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

(ii) Notwithstanding clause (i), regulations under
this subparagraph must ensure—
(I) that a determination of whether to provide expe -
dited processing shall be made, and notice of the deter -
mination shall be provided to the person making the
request, within 10 days after the date of the request; and
(II) expeditious consideration of administrative
appeals of such determinations of whether to provide
expedited processing.
(iii) An agency shall process as soon as practicable
any request for records to which the agency has granted
expedited processing under this subparagraph. Agency
action to deny or affirm denial of a request for expe -
dited processing pursuant to this subparagraph, and
failure by an agency to respond in a timely manner to
such a request shall be subject to judicial review under
paragraph (4), except that the judicial review shall be
based on the record before the agency at the time of the
determination.
(iv) A district court of the United States shall not


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

have jurisdiction to review an agency denial of expedit -ed processing of a request for records after the agency
has provided a complete response to the request.
(v) For purposes of this subparagraph, the term
“compelling need” means—
(I) that a failure to obtain requested records on an
expedited basis under this paragraph could reason -
ably be expected to pose an imminent threat to the
life or physical safety of an individual; or
(II) with respect to a request made by a person pri -
marily engaged in disseminating information, urgen -
cy to inform the public concerning actual or alleged
Federal Government activity.
(vi) A demonstration of a compelling need by a per -
son making a request for expedited processing shall be
made by a statement certified by such person to be true
and correct to the best of such person’s knowledge and
belief.
(F) In denying a request for records, in whole or in part,
an agency shall make a reasonable effort to estimate the


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

volume of any requested matter the provision of which is
denied, and shall provide any such estimate to the person
making the request, unless providing such estimate would
harm an interest protected by the exemption in subsec -
tion (b) pursuant to which the denial is made.
(7) Each agency shall—
(A) establish a system to assign an individualized
tracking number for each request received that will take
longer than ten days to process and provide to each per -
son making a request the tracking number assigned to
the request; and
(B) establish a telephone line or Internet service that
provides information about the status of a request to
the person making the request using the assigned track -
ing number, including—
(i) the date on which the agency originally received
the request; and
(ii) an estimated date on which the agency will
complete action on the request.
(b) This section does not apply to matters that are—
[Page 152]


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

BASIC LAWS and AUTHORITIES  | 143	(1)(A) specifically authorized under criteria established
by an Executive order to be kept secret in the interest of
national defense or foreign policy and (B) are in fact prop -
erly classified pursuant to such Executive order;
(2) related solely to the internal personnel rules and
practices of an agency;
(3) specifically exempted from disclosure by statute
(other than section 552b of this title), if that statute—
(A)(i) requires that the matters be withheld from the
public in such a manner as to leave no discretion on
the issue; or
(ii) establishes particular criteria for withholding or
refers to particular types of matters to be withheld; and
(B) if enacted after the date of enactment of the
OPEN FOIA Act of 2009, specifically cites to this
paragraph.
(4) trade secrets and commercial or financial informa -
tion obtained from a person and privileged or confiden -
tial;
(5) inter-agency or intra-agency memorandums or let -


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

ters which would not be available by law to a party other
than an agency in litigation with the agency;
(6) personnel and medical files and similar files the dis -
closure of which would constitute a clearly unwarranted
invasion of personal privacy;
(7) records or information compiled for law enforce -
ment purposes, but only to the extent that the production
of such law enforcement records or information (A) could
reasonably be expected to interfere with enforcement
proceedings, (B) would deprive a person of a right to a
fair trial or an impartial adjudication, (C) could reason -
ably be expected to constitute an unwarranted invasion
of personal privacy, (D) could reasonably be expected to
disclose the identity of a confidential source, including a
State, local, or foreign agency or authority or any private
institution which furnished information on a confidential
basis, and, in the case of a record or information com -
piled by criminal law enforcement authority in the course


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

of a criminal investigation or by an agency conducting a
lawful national security intelligence investigation, infor -
mation furnished by a confidential source, (E) would dis -close techniques and procedures for law enforcement in -
vestigations or prosecutions, or would disclose guidelines
for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circum -
vention of the law, or (F) could reasonably be expected
to endanger the life or physical safety of any individual;
(8) contained in or related to examination, operat -
ing, or condition reports prepared by, on behalf of, or
for the use of an agency responsible for the regulation
or supervision of financial institutions; or
(9) geological and geophysical information and data,
including maps, concerning wells.
Any reasonably segregable portion of a record shall be
provided to any person requesting such record after
deletion of the portions which are exempt under this


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

subsection. The amount of information deleted, and
the exemption under which the deletion is made, shall
be indicated on the released portion of the record,
unless including that indication would harm an interest
protected by the exemption in this subsection under
which the deletion is made. If technically feasible, the
amount of the information deleted, and the exemption
under which the deletion is made, shall be indicated at the
place in the record where such deletion is made.
(c)(1) Whenever a request is made which involves access
to records described in subsection (b)(7)(A) and—
(A) the investigation or proceeding involves a possi -
ble violation of criminal law; and
(B) there is reason to believe that (i) the subject of
the investigation or proceeding is not aware of its pen -
dency, and (ii) disclosure of the existence of the records
could reasonably be expected to interfere with enforce -
ment proceedings, the agency may, during only such
time as that circumstance continues, treat the records as


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

not subject to the requirements of this section.
(2) Whenever informant records maintained by a crim -
inal law enforcement agency under an informant’s name
or personal identifier are requested by a third party ac -
cording to the informant’s name or personal identifier, the
agency may treat the records as not subject to the require -
ments of this section unless the informant’s status as an
informant has been officially confirmed.
[Page 153]
144 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 145	(3) Whenever a request is made which involves access
to records maintained by the Federal Bureau of Investiga -
tion pertaining to foreign intelligence or counterintelli -
gence, or international terrorism, and the existence of the
records is classified information as provided in subsection
(b)(1), the Bureau may, as long as the existence of the
records remains classified information, treat the records as
not subject to the requirements of this section.


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

(d) This section does not authorize withholding of
information or limit the availability of records to the public,
except as specifically stated in this section. This section is
not authority to withhold information from Congress.
(e)(1) On or before February 1 of each year, each agency
shall submit to the Attorney General of the United States
a report which shall cover the preceding fiscal year and
which shall include—
(A) the number of determinations made by the agen -
cy not to comply with requests for records made to such
agency under subsection (a) and the reasons for each such
determination;
(B)(i) the number of appeals made by persons under
subsection (a)(6), the result of such appeals, and the rea -
son for the action upon each appeal that results in a denial
of information; and
(ii) a complete list of all statutes that the agency relies
upon to authorize the agency to withhold information
under subsection (b)(3), the number of occasions on
which each statute was relied upon, a description of


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

whether a court has upheld the decision of the agency
to withhold information under each such statute, and
a concise description of the scope of any information
withheld;
(C) the number of requests for records pending before
the agency as of September 30 of the preceding year, and
the median and average number of days that such requests
had been pending before the agency as of that date;
(D) the number of requests for records received by the agen -
cy and the number of requests which the agency processed;
(E) the median number of days taken by the agency to
process different types of requests, based on the date on
which the requests were received by the agency;(F) the average number of days for the agency to re -
spond to a request beginning on the date on which the
request was received by the agency, the median number
of days for the agency to respond to such requests, and
the range in number of days for the agency to respond to
such requests;
(G) based on the number of business days that have


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

elapsed since each request was originally received by the
agency—
(i) the number of requests for records to which the
agency has responded with a determination within a
period up to and including 20 days, and in 20-day in -
crements up to and including 200 days;
(ii) the number of requests for records to which the
agency has responded with a determination within a
period greater than 200 days and less than 301 days;
(iii) the number of requests for records to which the
agency has responded with a determination within a pe -
riod greater than 300 days and less than 401 days; and
(iv) the number of requests for records to which the
agency has responded with a determination within a
period greater than 400 days;
(H) the average number of days for the agency to pro -
vide the granted information beginning on the date on
which the request was originally filed, the median number
of days for the agency to provide the granted information,
and the range in number of days for the agency to provide


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

the granted information;
(I) the median and average number of days for the
agency to respond to administrative appeals based on the
date on which the appeals originally were received by the
agency, the highest number of business days taken by the
agency to respond to an administrative appeal, and the
lowest number of business days taken by the agency to
respond to an administrative appeal;
(J) data on the 10 active requests with the earliest fil -
ing dates pending at each agency, including the amount
of time that has elapsed since each request was originally
received by the agency;
(K) data on the 10 active administrative appeals with
the earliest filing dates pending before the agency as of
[Page 154]
BASIC LAWS and AUTHORITIES  | 145	September 30 of the preceding year, including the num -
ber of business days that have elapsed since the requests
were originally received by the agency;
(L) the number of expedited review requests that are
granted and denied, the average and median number of


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

days for adjudicating expedited review requests, and the
number adjudicated within the required 10 days;
(M) the number of fee waiver requests that are granted
and denied, and the average and median number of days
for adjudicating fee waiver determinations;
(N) the total amount of fees collected by the agency for
processing requests; and
(O) the number of full-time staff of the agency devoted
to processing requests for records under this section, and
the total amount expended by the agency for processing
such requests.
(2) Information in each report submitted under para -
graph (1) shall be expressed in terms of each principal
component of the agency and for the agency overall.
(3) Each agency shall make each such report available
to the public including by computer telecommunica -
tions, or if computer telecommunications means have
not been established by the agency, by other electronic
means. In addition, each agency shall make the raw sta -


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

tistical data used in its reports available electronically to
the public upon request.
(4) The Attorney General of the United States shall
make each report which has been made available by
electronic means available at a single electronic access
point. The Attorney General of the United States shall
notify the Chairman and ranking minority member
of the Committee on Government Reform and Over -
sight of the House of Representatives and the Chair -
man and ranking minority member of the Commit -
tees on Governmental Affairs and the Judiciary of the
Senate, no later than April 1 of the year in which each
such report is issued, that such reports are available by
electronic means.
(5) The Attorney General of the United States, in
consultation with the Director of the Office of Manage -
ment and Budget, shall develop reporting and perfor -mance guidelines in connection with reports required
by this subsection by October 1, 1997, and may es -
tablish additional requirements for such reports as the


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

Attorney General determines may be useful.
(6) The Attorney General of the United States shall
submit an annual report on or before April 1 of each
calendar year which shall include for the prior calendar
year a listing of the number of cases arising under this
section, the exemption involved in each case, the dispo -
sition of such case, and the cost, fees, and penalties as -
sessed under subparagraphs (E), (F), and (G) of subsec -
tion (a)(4). Such report shall also include a description
of the efforts undertaken by the Department of Justice
to encourage agency compliance with this section.
(f) For purposes of this section, the term—
(1) “agency” as defined in section 551(1) of this title
includes any executive department, military department,
Government corporation, Government controlled
corporation, or other establishment in the executive branch
of the Government (including the Executive Office of the
President), or any independent regulatory agency; and


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

(2) “record” and any other term used in this section in
reference to information includes—
(A) any information that would be an agency record
subject to the requirements of this section when main -
tained by an agency in any format, including an elec -
tronic format; and
(B) any information described under subparagraph
(A) that is maintained for an agency by an entity un -
der Government contract, for the purposes of records
management.
(g) The head of each agency shall prepare and make
publicly available upon request, reference material or
a guide for requesting records or information from the
agency, subject to the exemptions in subsection (b),
including—
(1) an index of all major information systems of the
agency;
(2) a description of major information and record lo -
cator systems maintained by the agency; and
[Page 155]
146 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 147	(3) a handbook for obtaining various types and cate -
gories of public information from the agency pursuant


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

to chapter 35 of title 44, and under this section.
(h)(1) There is established the Office of Government
Information Services within the National Archives and
Records Administration.
(2) The Office of Government Information Services
shall—
(A) review policies and procedures of administra -
tive agencies under this section;
(B) review compliance with this section by admin -
istrative agencies; and
(C) recommend policy changes to Congress and
the President to improve the administration of this
section.
(3) The Office of Government Information Services
shall offer mediation services to resolve disputes be -
tween persons making requests under this section and
administrative agencies as a non-exclusive alternative
to litigation and, at the discretion of the Office, may
issue advisory opinions if mediation has not resolved
the dispute.
(i) The Government Accountability Office shall conduct
audits of administrative agencies on the implementation
of this section and issue reports detailing the results of


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

such audits.
(j) Each agency shall designate a Chief FOIA Officer who
shall be a senior official of such agency (at the Assistant
Secretary or equivalent level).
(k) The Chief FOIA Officer of each agency shall, subject
to the authority of the head of the agency—(1) have agency-wide responsibility for efficient and ap -
propriate compliance with this section;
(2) monitor implementation of this section throughout
the agency and keep the head of the agency, the chief legal
officer of the agency, and the Attorney General appropri -
ately informed of the agency’s performance in implement -
ing this section;
(3) recommend to the head of the agency such adjust -
ments to agency practices, policies, personnel, and fund -
ing as may be necessary to improve its implementation of
this section;
(4) review and report to the Attorney General, through
the head of the agency, at such times and in such formats
as the Attorney General may direct, on the agency’s per -
formance in implementing this section;


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

(5) facilitate public understanding of the purposes of
the statutory exemptions of this section by including con -
cise descriptions of the exemptions in both the agency’s
handbook issued under subsection (g), and the agency’s
annual report on this section, and by providing an over -
view, where appropriate, of certain general categories of
agency records to which those exemptions apply; and
(6) designate one or more FOIA Public Liaisons.
(l) FOIA Public Liaisons shall report to the agency Chief
FOIA Officer and shall serve as supervisory officials to
whom a requester under this section can raise concerns
about the service the requester has received from the FOIA
Requester Center, following an initial response from the
FOIA Requester Center Staff. FOIA Public Liaisons shall
be responsible for assisting in reducing delays, increasing
transparency and understanding of the status of requests,
and assisting in the resolution of disputes.
[Page 156]
BASIC LAWS and AUTHORITIES  | 147	THE PRIVACY ACT OF 1974


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

5 U.S.C. § 552a, As Amended
§ 552A. RECORDS MAINTAINED ON
INDIVIDUALS
(a) Definitions
For purposes of this section—
(1) the term “agency” means agency as defined in sec -
tion 552(f) of this title;
(2) the term “individual” means a citizen of the United
States or an alien lawfully admitted for permanent resi -
dence;
(3) the term “maintain” includes maintain, collect, use
or disseminate;
(4) the term “record” means any item, collection, or
grouping of information about an individual that is main -
tained by an agency, including, but not limited to, his ed -
ucation, financial transactions, medical history, and crim -
inal or employment history and that contains his name,
or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or
voice print or a photograph;
(5) the term “system of records” means a group of any
records under the control of any agency from which in -
formation is retrieved by the name of the individual or


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

by some identifying number, symbol, or other identifying
particular assigned to the individual;
(6) the term “statistical record” means a record in a sys -
tem of records maintained for statistical research or re -
porting purposes only and not used in whole or in part in
making any determination about an identifiable individ -
ual, except as provided by section 8 of Title 13;
(7) the term “routine use” means, with respect to the dis -
closure of a record, the use of such record for a purpose which
is compatible with the purpose for which it was collected;(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or
a system of records with non-Federal records for
the purpose of—
(I) establishing or verifying the eligibility of,
or continuing compliance with statutory and
regulatory requirements by, applicants for,
recipients or beneficiaries of, participants in,
or providers of services with respect to, cash or


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

in-kind assistance or payments under Federal
benefit programs, or
(II) recouping payments or delinquent debts
under such Federal benefit programs, or
(ii) two or more automated Federal personnel
or payroll systems of records or a system of Fed -
eral personnel or payroll records with non-Federal
records,
(B) but does not include—
(i) matches performed to produce aggregate sta -
tistical data without any personal identifiers;
(ii) matches performed to support any research
or statistical project, the specific data of which
may not be used to make decisions concerning the
rights, benefits, or privileges of specific individuals;
(iii) matches performed, by an agency (or com -
ponent thereof) which performs as its principal
function any activity pertaining to the enforcement
of criminal laws, subsequent to the initiation of a
specific criminal or civil law enforcement investiga -
tion of a named person or persons for the purpose of
gathering evidence against such person or persons;
[Page 157]


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

148 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 149	(iv) matches of tax information (I) pursuant to
section 6103(d) of the Internal Revenue Code of
1986, (II) for purposes of tax administration as
defined in section 6103(b)(4) of such Code, (III)
for the purpose of intercepting a tax refund due
an individual under authority granted by section
404(e), 464, or 1137 of the Social Security Act; or
(IV) for the purpose of intercepting a tax refund
due an individual under any other tax refund in -
tercept program authorized by statute which has
been determined by the Director of the Office of
Management and Budget to contain verification,
notice, and hearing requirements that are substan -
tially similar to the procedures in section 1137 of
the Social Security Act;
(v) matches—
(I) using records predominantly relating to
Federal personnel, that are performed for
routine administrative purposes (subject to
guidance provided by the Director of the
Office of Management and Budget pursuant to


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

subsection (v)); or
(II) conducted by an agency using only records
from systems of records maintained by that
agency; if the purpose of the match is not to take
any adverse financial, personnel, disciplinary, or
other adverse action against Federal personnel; or
(vi) matches performed for foreign counterintel -
ligence purposes or to produce background checks
for security clearances of Federal personnel or Fed -
eral contractor personnel; or
(vii) matches performed incident to a levy de -
scribed in section 6103(k)(8) of the Internal Reve -
nue Code of 1986;
(9) the term “recipient agency” means any agency, or
contractor thereof, receiving records contained in a sys -
tem of records from a source agency for use in a matching
program;
(10) the term “non-Federal agency” means any State or local government, or agency thereof, which receives
records contained in a system of records from a source
agency for use in a matching program;
(11) the term “source agency” means any agency which


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

discloses records contained in a system of records to be
used in a matching program, or any State or local gov -
ernment, or agency thereof, which discloses records to be
used in a matching program;
(12) the term “Federal benefit program” means any
program administered or funded by the Federal Govern -
ment, or by any agent or State on behalf of the Federal
Government, providing cash or in-kind assistance in the
form of payments, grants, loans, or loan guarantees to in -
dividuals; and
(13) the term “Federal personnel” means officers and
employees of the Government of the United States,
members of the uniformed services (including members
of the Reserve Components), individuals entitled to re -
ceive immediate or deferred retirement benefits under
any retirement program of the Government of the United
States (including survivor benefits).
(b) Conditions of disclosure:  No agency shall disclose any
record which is contained in a system of records by any
means of communication to any person, or to another


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

agency, except pursuant to a written request by, or with
the prior written consent of, the individual to whom the
record pertains, unless disclosure of the record would
be—
(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of
this section and described under subsection (e)(4)(D) of
this section;
(4) to the Bureau of the Census for purposes of plan -
ning or carrying out a census or survey or related activity
pursuant to the provisions of Title 13;
[Page 158]
BASIC LAWS and AUTHORITIES  | 149	(5) to a recipient who has provided the agency with
advance adequate written assurance that the record will
be used solely as a statistical research or reporting record,
and the record is to be transferred in a form that is not
individually identifiable;
(6) to the National Archives and Records Administra -


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

tion as a record which has sufficient historical or other
value to warrant its continued preservation by the United
States Government, or for evaluation by the Archivist of
the United States or the designee of the Archivist to deter -
mine whether the record has such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of
the United States for a civil or criminal law enforcement
activity if the activity is authorized by law, and if the head
of the agency or instrumentality has made a written re -
quest to the agency which maintains the record specifying
the particular portion desired and the law enforcement
activity for which the record is sought;
(8) to a person pursuant to a showing of compelling cir -
cumstances affecting the health or safety of an individual
if upon such disclosure notification is transmitted to the
last known address of such individual;
(9) to either House of Congress, or, to the extent of