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

including measures to ensure that only information
which is intended to be disclosed to the public is disclosed
through the Service; and
(6) periodically review the development and effectiveness of the Service and make recommendations for
improvement, including other mechanisms for improving
public access to Federal agency public information.
(b) This section shall not apply to operational files as
defined by the Central Intelligence Agency Information
Act (50 U.S.C. 431 et seq.).
***
§ 3515. ADMINISTRATIVE POWERS
Upon the request of the Director, each agency (other than
an independent regulatory agency) shall, to the extent
practicable, make its services, personnel, and facilities
available to the Director for the performance of functions
under this subchapter.
***
MANAGEMENT AND PROMOTION OF
ELECTRONIC GOVERNMENT SERVICES
(44 U.S.C. Chapter 36)
Sec.
***
3603. Chief Information Officers Council
***
***
§ 3603. CHIEF INFORMATION OFFICERS
COUNCIL
(a) There is established in the executive branch a Chief


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

Information Officers Council.
(b) The members of the Council shall be as follows:
(1) The Deputy Director for Management of the Office
of Management and Budget, who shall act as chairperson
of the Council.
(2) The Administrator of the Office of Electronic Gov -
ernment.
(3) The Administrator of the Office of Information and
Regulatory Affairs.(4) The chief information officer of each agency de -
scribed under section 901(b) of title 31.
(5) The chief information officer of the Central Intelli -
gence Agency.
(6) The chief information officer of the Department
of the Army, the Department of the Navy, and the De -
partment of the Air Force, if chief information officers
have been designated for such departments under section
3506(a)(2)(B).
(7) Any other officer or employee of the United States
designated by the chairperson.
(c)(1) The Administrator of the Office of Electron -
ic Government shall lead the activities of the Coun -
cil on behalf of the Deputy Director for Management.


# 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

(2)(A) The Vice Chairman of the Council shall be selected
by the Council from among its members.
(B) The Vice Chairman shall serve a 1-year term, and
may serve multiple terms.
[Page 76]
BASIC LAWS and AUTHORITIES  | 67	(3) The Administrator of General Services shall provide
administrative and other support for the Council.
(d) The Council is designated the principal interagency
forum for improving agency practices related to the de -
sign, acquisition, development, modernization, use, oper -
ation, sharing, and performance of Federal Government
information resources.
(e) In performing its duties, the Council shall consult
regularly with representatives of State, local, and tribal
governments.
(f) The Council shall perform functions that include
the following:
(1) Develop recommendations for the Director on
Government information resources management poli -
cies and requirements.
(2) Share experiences, ideas, best practices, and in -
novative approaches related to information resources
management.


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

(3) Assist the Administrator in the identification,
development, and coordination of multiagency proj -
ects and other innovative initiatives to improve Gov -
ernment performance through the use of information
technology.
(4) Promote the development and use of common
performance measures for agency information resourc -
es management under this chapter and title II of the
E-Government Act of 2002.(5) Work as appropriate with the National Institute
of Standards and Technology and the Administrator to
develop recommendations on information technology
standards developed under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C.
278g-3) and promulgated under section 11331 of title
40, and maximize the use of commercial standards as
appropriate, including the following:
(A) Standards and guidelines for interconnectivi -
ty and interoperability as described under section
3504.
(B) Consistent with the process under section 207(d)
of the E-Government Act of 2002, standards and


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

guidelines for categorizing Federal Government elec -
tronic information to enable efficient use of technol -
ogies, such as through the use of extensible markup
language.
(C) Standards and guidelines for Federal Govern -
ment computer system efficiency and security.
(6) Work with the Office of Personnel Management
to assess and address the hiring, training, classification,
and professional development needs of the Govern -
ment related to information resources management.
(7) Work with the Archivist of the United States to
assess how the Federal Records Act can be addressed ef -
fectively by Federal information resources management
activities.
***
ATOMIC ENERGY DEFENSE PROVISIONS
(50 U.S.C. §§ 2672, 2673)
§ 2672. PROTECTION AGAINST
INADVERTENT RELEASE OF RESTRICTED
DATA AND FORMERLY RESTRICTED DATA
(a) Plan for protection against release
The Secretary of Energy and the Archivist of the United
States shall, after consultation with the members of the
National Security Council and in consultation with the


# 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

Secretary of Defense and the heads of other appropriate
Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly
Restricted Data during the automatic declassification of
records under Executive Order No. 13526 (50 U.S.C.
3161 note).
(b) Plan elements
The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that re -
cords subject to Executive Order No. 13526 are reviewed
on a page-by-page basis for Restricted Data and Formerly
[Page 77]
68 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 69	Restricted Data unless they have been determined to be
highly unlikely to contain Restricted Data or Formerly
Restricted Data.
(2) The criteria and process by which documents are
determined to be highly unlikely to contain Restricted
Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure proper
training, supervision, and evaluation of personnel en -


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

gaged in declassification under that Executive order so
that such personnel recognize Restricted Data and For -
merly Restricted Data.
(4) The extent to which automated declassification
technologies will be used under that Executive order to
protect Restricted Data and Formerly Restricted Data
from inadvertent release.
(5) Procedures for periodic review and evaluation by
the Secretary of Energy, in consultation with the Director
of the Information Security Oversight Office of the Na -
tional Archives and Records Administration, of compli -
ance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among Fed -
eral agencies regarding declassification procedures and de -
cisions under the plan.
(7) The funding, personnel, and other resources re -
quired to carry out the plan.
(8) A timetable for implementation of the plan.
(c) Limitation on declassification of certain records
(1) Effective on October 17, 1998, and except as pro -


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

vided in paragraph (3), a record referred to in subsection
(a) may not be declassified unless the agency having cus -
tody of the record reviews the record on a page-by-page
basis to ensure that the record does not contain Restricted
Data or Formerly Restricted Data.
(2) Any record determined as a result of a review under
paragraph (1) to contain Restricted Data or Formerly Re -
stricted Data may not be declassified until the Secretary of
Energy, in conjunction with the head of the agency hav -
ing custody of the record, determines that the document
is suitable for declassification.
(3) After the date occurring 60 days after the submis -
sion of the plan required by subsection (a) to the com -
mittees referred to in paragraphs (1) and (2) of subsection
(d), the requirement under paragraph (1) to review a re -
cord on a page-by-page basis shall not apply in the case
of a record determined, under the actions specified in the


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

plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly
Restricted Data.
(d) Submission of plan
The Secretary of Energy shall submit the plan required
under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Assistant to the President for National Security
Affairs.
(e) Submission of reviews
The Secretary of Energy shall, in each even-numbered
year, submit a summary of the results of the periodic
reviews and evaluations specified in the plan pursuant to
subsection (b)(5) to the committees and Assistant to the
President specified in subsection (d).
(f) Report and notification regarding inadvertent releases
(1) The Secretary of Energy shall submit to the com -
mittees and Assistant to the President specified in subsec -
tion (d) a report on inadvertent releases of Restricted Data
or Formerly Restricted Data under Executive Order No.


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

12958 that occurred before October 17, 1998.
(2) The Secretary of Energy shall, in each even-num -
bered year beginning in 2010, submit to the committees
and Assistant to the President specified in subsection (d)
a report identifying any inadvertent releases of Restricted
Data or Formerly Restricted Data under Executive Order
No. 13526 discovered in the two-year period preceding
the submittal of the report.
§ 2673. SUPPLEMENT TO PLAN FOR
DECLASSIFICATION OF RESTRICTED DATA
AND FORMERLY RESTRICTED DATA
(a) Supplement to plan
The Secretary of Energy and the Archivist of the United
States shall, after consultation with the members of the
National Security Council and in consultation with the
Secretary of Defense and the heads of other appropriate
Federal agencies, develop a supplement to the plan
required under subsection (a) of section 2672 of this title.
(b) Contents of supplement
The supplement shall provide for the application of that
plan (including in particular the element of the plan


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

required by subsection (b)(1) of section 2672 of this title
to all records subject to Executive Order No. 12958 that
[Page 78]
BASIC LAWS and AUTHORITIES  | 69	were determined before October 17, 1998, to be suitable
for declassification.
(c) Limitation on declassification of records
All records referred to in subsection (b) of this section
shall be treated, for purposes of subsection (c) of section
2672 of this title, in the same manner as records referred
to in subsection (a) of such section.
(d) Submission of supplementThe Secretary of Energy shall submit the supplement
required under subsection (a) of this section to the
recipients of the plan referred to in subsection (d) of
section 2672 of this title.
References in Text
Executive Order No. 12958, referred to in subsec. (b),
which was formerly set out as a note under section 435
(now section 3161) of this title, was revoked by Ex. Ord.
No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
DOCUMENTS RELATING TO JAPANESE INTERNMENT
(50 U.S.C. App 1989b-6)


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

§ 1989B-6. DOCUMENTS RELATING TO THE
INTERNMENT
(a) Preservation of documents in National Archives
All documents, personal testimony, and other records cre -
ated or received by the Commission during its inquiry
shall be kept and maintained by the Archivist of the Unit -
ed States who shall preserve such documents, testimony,
and records in the National Archives of the United States.
The Archivist shall make such documents, testimony, and
records available to the public for research purposes.
(b) Public availability of certain records of the House of
Representatives
(1) The Clerk of the House of Representatives is autho -
rized to permit the Archivist of the United States to make
available for use records of the House not classified for national security purposes, which have been in existence
for not less than thirty years, relating to the evacuation,
relocation, and internment of individuals during the evac -
uation, relocation, and internment period.


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

(2) This subsection is enacted as an exercise of the rulemak -
ing power of the House of Representatives, but is applicable
only with respect to the availability of records to which it
applies, and supersedes other rules only to the extent that
the time limitation established by this section with respect
to such records is specifically inconsistent with such rules,
and is enacted with full recognition of the constitutional
right of the House to change its rules at any time, in the
same manner and to the same extent as in the case of any
other rule of the House.
NAZI WAR CRIMES DISCLOSURE ACT
(5 U.S.C. 552 note)
SECTION 1. SHORT TITLE. <<NOTE: 5 USC 552
NOTE.>>
This Act may be cited as the “Nazi War Crimes
Disclosure Act.”
SEC. 2. ESTABLISHMENT OF NAZI WAR
CRIMINAL RECORDS INTERAGENCY WORKING GROUP.
(a) Definitions.—In this section the term—
(1) “agency’’ has the meaning given such term under
section 551 of title 5, United States Code;
(2) “Interagency Group’’ means the Nazi War Criminal


# 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

Records Interagency Working Group established under
[Page 80]
BASIC LAWS and AUTHORITIES  | 71	mation, that would—
(A) constitute a clearly unwarranted invasion of per -
sonal privacy;
(B) reveal the identity of a confidential human source,
or reveal information about the application of an intelli -
gence source or method, or reveal the identity of a human
intelligence source when the unauthorized disclosure of
that source would clearly and demonstrably damage the
national security interests of the United States;
(C) reveal information that would assist in the devel -
opment or use of weapons of mass destruction;
(D) reveal information that would impair United
States cryptologic systems or activities;
(E) reveal information that would impair the appli -
cation of state-of-the-art technology within a United
States weapon system;
(F) reveal actual United States military war plans that
remain in effect;
(G) reveal information that would seriously and de -
monstrably impair relations between the United States


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

and a foreign government, or seriously and demon -
strably undermine ongoing diplomatic activities of the
United States;
(H) reveal information that would clearly and de -
monstrably impair the current ability of United States
Government officials to protect the President, Vice
President, and other officials for whom protection ser -
vices, in the interest of national security, are authorized;
(I) reveal information that would seriously and de -
monstrably impair current national security emergency
preparedness plans; or
(J) violate a treaty or international agreement.
(3) Application of exemptions.—
(A) In general.—In applying the exemptions listed in
subparagraphs (B) through (J) of paragraph (2), there
shall be a presumption that the public interest in the
release of Nazi war criminal records will be served by
disclosure and release of the records. Assertion of such
exemption may only be made when the agency head
determines that disclosure and release would be harm -


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

ful to a specific interest identified in the exemption.
An agency head who makes such a determination shall
promptly report it to the committees of Congress with
appropriate jurisdiction, including the Committee on
the Judiciary of the Senate and the Committee on Gov -ernment Reform and Oversight of the House of Rep -
resentatives. The exemptions set forth in paragraph (2)
shall constitute the only authority pursuant to which
an agency head may exempt records otherwise subject
to release under paragraph (1).
(B) Application of title 5.—A determination by an
agency head to apply an exemption listed in subpara -
graphs (B) through (I) of paragraph (2) shall be subject
to the same standard of review that applies in the case
of records withheld under section 552(b)(1) of title 5,
United States Code.
(4) Limitation on application.—This subsection shall
not apply to records—
(A) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of


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

Special Investigations of the Department of Justice; or
(B) solely in the possession, custody, or control of
that office.
(c) Inapplicability of National Security Act of 1947 Ex -
emption.—Section 701(a) of the National Security Act of
1947 (50 U.S.C. 431) shall not apply to any operational
file, or any portion of any operational file, that constitutes
a Nazi war criminal record under section 3 of this Act.
SEC. 4. EXPEDITED PROCESSING OF FOIA
REQUESTS FOR NAZI WAR CRIMINAL
RECORDS.
(a) Expedited Processing.—For purposes of expedited
processing under section 552(a)(6)(E) of title 5, United
States Code, any requester of a Nazi war criminal record
shall be deemed to have a compelling need for such record
(b) Requester.—For purposes of this section, the term
“requester’’ means any person who was persecuted in the
manner described under section 3(a)(1) of this Act who
requests a Nazi war criminal record.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall


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

take effect on the date that is 90 days after the date of
enactment of this Act.
Approved October 8, 1998.
[Page 81]
72 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 73	DISCLOSURE OF INFORMATION ON
JAPANESE IMPERIAL GOVERNMENT
5 U.S.C. § 552 note
SEC. 801. SHORT TITLE.
This title [this note] may be cited as the ‘Japanese Imperial
Government Disclosure Act of 2000’.
SEC. 802. DESIGNATION.
(a) Definitions.—In this section:
(1) Agency.—The term ‘agency’ has the meaning given
such term under section 551 of title 5, United States
Code .
(2) Interagency Group.—The term ‘Interagency Group’
means the Nazi War Crimes and Japanese Imperial
Government Records Interagency Working Group es -
tablished under subsection (b).
(3) Japanese Imperial Government records.—The term
‘Japanese Imperial Government records’ means classi -
fied records or portions of records that pertain to any
person with respect to whom the United States Gov -
ernment, in its sole discretion, has grounds to believe


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

ordered, incited, assisted, or otherwise participated in
the experimentation on, and persecution of, any person
because of race, religion, national origin, or political
opinion, during the period beginning September 18,
1931, and ending on December 31, 1948, under the
direction of, or in association with—
(A) the Japanese Imperial Government;
(B) any government in any area occupied by the mili -
tary forces of the Japanese Imperial Government;
(C) any government established with the assistance
or cooperation of the Japanese Imperial Govern -
ment; or
(D) any government which was an ally of the Japa -
nese Imperial Government.
(4) Record.—The term ‘record’ means a Japanese Impe -
rial Government record.
(b) Establishment of Interagency Group.—
(1) In general.—Not later than 60 days after the date of
the enactment of this Act [Dec. 27, 2000], the President
shall designate the Working Group established under the Nazi War Crimes Disclosure Act ( Public Law 105-


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

246; 5 U.S.C. 552 note) to also carry out the purposes
of this title [this note] with respect to Japanese Imperial
Government records, and that Working Group shall
remain in existence for 6 years after the date on which
this title [this note] takes effect. Such Working Group
is redesignated as the ‘Nazi War Crimes and Japanese
Imperial Government Records Interagency Working
Group’.
(2) [Omitted. Amended section 2(b)(2) of Pub.L. 105-
246, set out as a note under this section.]
(c) Functions.—Not later than 1 year after the date of the
enactment of this Act [Dec. 27, 2000], the Interagency
Group shall, to the greatest extent possible consistent
with section 803 [of this note]—
(1) locate, identify, inventory, recommend for declas -
sification, and make available to the public at the Na -
tional Archives and Records Administration, all clas -
sified Japanese Imperial Government records of the
United States;
(2) coordinate with agencies and take such actions as


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

necessary to expedite the release of such records to the
public; and
(3) submit a report to Congress, including the Com -
mittee on Government Reform and the Permanent
Select Committee on Intelligence of the House of Rep -
resentatives, and the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate,
describing all such records, the disposition of such re -
cords, and the activities of the Interagency Group and
agencies under this section.
(d) Funding.—There is authorized to be appropriated
such sums as may be necessary to carry out the provisions
of this title [this note].
SEC. 803. REQUIREMENT OF DISCLOSURE OF
RECORDS.
[Page 82]
BASIC LAWS and AUTHORITIES  | 73	(a) Release of records.—Subject to subsections (b), (c),
and (d), the Japanese Imperial Government Records
Interagency Working Group shall release in their entirety
Japanese Imperial Government records.
(b) Exemptions.—An agency head may exempt from
release under subsection (a) specific information, that
would—


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

(1) constitute an unwarranted invasion of personal pri -
vacy;
(2) reveal the identity of a confidential human source,
or reveal information about an intelligence source or
method when the unauthorized disclosure of that
source or method would damage the national security
interests of the United States;
(3) reveal information that would assist in the develop -
ment or use of weapons of mass destruction;
(4) reveal information that would impair United States
cryptologic systems or activities;
(5) reveal information that would impair the appli -
cation of state-of-the-art technology within a United
States weapon system;
(6) reveal United States military war plans that remain
in effect;
(7) reveal information that would impair relations be -
tween the United States and a foreign government, or
undermine ongoing diplomatic activities of the United
States;
(8) reveal information that would impair the current
ability of United States Government officials to protect


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

the President, Vice President, and other officials for
whom protection services are authorized in the interest
of national security;
(9) reveal information that would impair current na -
tional security emergency preparedness plans; or
(10) violate a treaty or other international agreement.
(c) Applications of exemptions.—
(1) In general.—In applying the exemptions provided
in paragraphs (2) through (10) of subsection (b), there
shall be a presumption that the public interest will be served by disclosure and release of the records of the
Japanese Imperial Government. The exemption may be
asserted only when the head of the agency that main -
tains the records determines that disclosure and release
would be harmful to a specific interest identified in the
exemption. An agency head who makes such a deter -
mination shall promptly report it to the committees of
Congress with appropriate jurisdiction, including the
Committee on the Judiciary and the Select Committee


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

on Intelligence of the Senate and the Committee on
Government Reform and the Permanent Select Com -
mittee on Intelligence of the House of Representatives.
(2) Application of Title 5.—A determination by an
agency head to apply an exemption provided in para -
graphs (2) through (9) of subsection (b) shall be subject
to the same standard of review that applies in the case
of records withheld under section 552(b)(1) of title 5,
United States Code [subsec. (b)(1) of this section].
(d) Records related to investigations or prosecutions.—
This section shall not apply to records—
(1) related to or supporting any active or inactive in -
vestigation, inquiry, or prosecution by the Office of
Special Investigations of the Department of Justice; or
(2) solely in the possession, custody, or control of the
Office of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF
REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
For purposes of expedited processing under section 552(a)


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

(6)(E) of title 5, United States Code, any person who was
persecuted in the manner described in section 802(a)(3)
and who requests a Japanese Imperial Government record
shall be deemed to have a compelling need for such record.
SEC. 805. EFFECTIVE DATE.
The provisions of this title [this note] shall take effect on
the date that is 90 days after the date of the enactment of
this Act [Dec. 27, 2000].
[Page 84]
BASIC LAWS and AUTHORITIES  | 75	(c) Membership.—(1) The Board shall be composed
of nine individuals appointed from among citizens of the
United States who are preeminent in the fields of history,
national security, foreign policy, intelligence policy, social
science, law, or archives, including individuals who have
served in Congress or otherwise in the Federal Govern -
ment or have otherwise engaged in research, scholarship,
or publication in such fields on matters relating to the
national security of the United States, of whom—
(A) five shall be appointed by the President;


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

(B) one shall be appointed by the Speaker of the
House of Representatives;
(C) one shall be appointed by the majority leader of
the Senate;
(D) one shall be appointed by the minority leader of
the Senate; and
(E) one shall be appointed by the minority leader of
the House of Representatives.
(2)(A) Of the members initially appointed to the Board
by the President—
(i) three shall be appointed for a term of 4 years;
(ii) one shall be appointed for a term of 3 years; and
(iii) one shall be appointed for a term of 2 years.
(B) The members initially appointed to the Board by
the Speaker of the House of Representatives or by the ma -
jority leader of the Senate shall be appointed for a term
of 3 years.
(C) The members initially appointed to the Board by
the minority leader of the House of Representatives or the
Senate shall be appointed for a term of 2 years.
(D) Any subsequent appointment to the Board shall be
for a term of 3 years from the date of the appointment.


# 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

(3) A vacancy in the Board shall be filled in the same
manner as the original appointment.
(4) A member of the Board may be appointed to a new
term on the Board upon the expiration of the member’s
term on the Board, except that no member may serve
more than three full terms on the Board.
(d) Chairperson; Executive Secretary.—(1)(A) The
President shall designate one of the members of the Board
as the Chairperson of the Board.
(B) The term of service as Chairperson of the Board
shall be 2 years.
(C) A member serving as Chairperson of the Board
may be redesignated as Chairperson of the Board upon
the expiration of the member’s term as Chairperson of the Board, except that no member shall serve as Chairperson
of the Board for more than 6 years.
(2) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary of the Board.
(e) Meetings.—The Board shall meet as needed to ac -
complish its mission, consistent with the availability of


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

funds. A majority of the members of the Board shall con -
stitute a quorum.
(f) Staff.—Any employee of the Federal Government
may be detailed to the Board, with the agreement of and
without reimbursement to the detailing agency, and such
detail shall be without interruption or loss of civil, mili -
tary, or foreign service status or privilege.
(g) Security.—(1) The members and staff of the Board
shall, as a condition of appointment to or employment
with the Board, hold appropriate security clearances for
access to the classified records and materials to be re -
viewed by the Board or its staff, and shall follow the guid -
ance and practices on security under applicable Executive
orders and Presidential or agency directives.
(2) The head of an agency shall, as a condition of grant -
ing access to a member of the Board, the Executive Sec -
retary of the Board, or a member of the staff of the Board
to classified records or materials of the agency under this


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

title, require the member, the Executive Secretary, or the
member of the staff, as the case may be, to—
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted or
recognized under the standard procedures and eligibili -
ty criteria of the agency, including any special access ap -
proval required for access to such records or materials.
(3) The members of the Board, the Executive Secretary of
the Board, and the members of the staff of the Board may
not use any information acquired in the course of their offi -
cial activities on the Board for nonofficial purposes.
(4) For purposes of any law or regulation governing
access to classified information that pertains to the na -
tional security of the United States, and subject to any
limitations on access arising under section 706(b), and to
facilitate the advisory functions of the Board under this


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

title, a member of the Board seeking access to a record or
material under this title shall be deemed for purposes of
this subsection to have a need to know the contents of the
record or material.
[Page 89]
80 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 81	SUMMARY OF NON-NARA STATUTES
ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 3161.
Public Law Number : Pub. L. 103-359, Oct. 14, 1994
Synopsis : This Act delegates authority to the President to establish procedures to govern access to
classified information.
*** see Appendix, Executive Order #13526, ***
ADMINISTRATIVE DISPUTE RESOLUTION ACT:  5 U.S.C. §§ 571 TO 583
Public Law Number : Pub. L. 101-522, Nov. 15, 1990
Synopsis : The purpose of this Act is to permit Federal agencies to resolve administrative problems
within the agency through the use of administrative dispute resolution proceedings.
ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. §§ 551 TO 559, 701 TO 706, 1305, 3105, 3344, 4301,
5335, 5372, 7521


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

Public Law Number : (Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b) , Sept. 13, 1976; Pub.
L. 103-272 § 5(a), July 5, 1994
Synopsis : The purpose of this Act is to create a comprehensive statute governing the procedures
agencies must follow when performing their functions.
AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 ET SEQ.
Public Law Number : Pub. L. 101-336, July 26, 1990
Synopsis : The purposes of this Act are to establish a national mandate for the elimination of
discrimination against persons with disabilities and to provide clear standards that address
discrimination against persons with disabilities. The Department of Justice encourages the
government to comply with the ADA.
[Page 90]
BASIC LAWS and AUTHORITIES  | 81	ANTI-DEFICIENCY ACT : 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990
Synopsis : An officer or employee of the U.S. Government may not expend funds in excess of the


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

amount available in the appropriations fund or before an appropriation is made available.
ANTI-NEPOTISM ACT: 5 U.S.C. § 3110
Public Law Number : Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978
Synopsis : A public official is prohibited from employing, appointing, promoting, advancing or
advocating for appointment, employment promotion or advancement any relative for a
civilian position in the agency in which the public official is serving.
AUGMENTATION PROHIBITION:  31 U.S.C. §§ 1301 (A), 3302(B)
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5,
1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(l),
May 21, 1999
Synopsis : This Act limits the use of appropriations only to those objects for which the appropriation
was made. In addition, an agent of the Government, who receives money for the


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

Government, shall deposit that money in the Treasury without deduction for any charge or
claim.
DEBT COLLECTION ACT OF 1982:  31 U.S.C. §§ 3302, 3701, 3711, 3716 TO 3719
Public Law Number : Pub. L. 97-365, October 25, 1982
Synopsis : The Debt Collection Act expands the authority of agencies to recover general debts owed to
the United States.
DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B TO 3720D
Public Law Number : Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 §
31001, April 26, 1996
Synopsis : This act amends the Debt Collection Act of 1982.
[Page 91]
82 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 83	DEPOSITORY LIBRARY PROGRAM: 44 U.S.C. §§ 1901 TO 1916
Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub.L. 95-261, Apr. 17,
1978
Synopsis : Chapter 19 defines AGovernment Publication and describes how these documents will


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

be made available to the public through depository libraries. The statute explains how
depository libraries are selected and the requirements to which they must adhere.
ECONOMY IN GOVERNMENT ACT: 31 U.S.C. § 1535
Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-216, Feb. 14, 1984
Synopsis : This Act allows a government agency to place orders for goods or services with another
Government agency provided the order cannot be filled as cheaply or conveniently by a
commercial contractor.
ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996: 5 U.S.C. § 552 NOTE
Public Law Number : Pub. L. 104-231, Oct. 2, 1996
Synopsis : EFOIA amends the Freedom of Information Act (5 U.S.C. §552), to provide for public
access to information in an electronic format.
EMERGENCY PREPAREDNESS: 42 U.S.C. § 5195
Public Law Number : Pub. L. 93-288; Pub. L. 103-337, Oct. 5, 1994
Synopsis : This Act creates a system of emergency preparedness for all hazards which present a threat to


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

life and property, as a joint effort with the states.
EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504
Public Law Number : Pub. L. 96-481, Oct. 21, 1980; Pub. L. 99-80, Aug. 5, 1985; Pub. L. 99-509, Oct. 21 1986;
Pub. L. 99-514, Oct. 22, 1986; Pub. L. 100-647, Nov. 10, 1988; Pub. L. 103-141, Nov. 16,
1993; Pub. L. 104-121, Title II § 231, March 29, 1996, Pub. L. 111-350, Jan. 4, 2011.
Synopsis : This Act permits a party, who prevails in an administrative proceeding against the United
States, to request and receive fees and other expenses incurred by that party in connection
with the proceedings. The request must be fully justified and documented, and the
adjudicative officer of the agency may reduce or deny the amount to be awarded if the
prevailing party acted unreasonably in incurring such costs.
[Page 92]
BASIC LAWS and AUTHORITIES  | 83	ETHICS IN GOVERNMENT ACT OF 1978:  5 U.S.C. APP. 4 §§ 101 TO 111, 5 U.S.C. APP. 4 §§401 TO


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

408, 5 U.S.C. APP. 4 §§ 501 TO 505, 28 U.S.C. §§ 591 TO 598, 5 U.S.C. § 49, 28 U.S.C. § 528, 529, 2 U.S.C.
§ 288, 288(A) TO (L), 2 U.S.C. §118(A), 2 U.S.C. § 288(M), 28 U.S.C. § 1365
Public Law Number : Pub. L. 95-521, Oct. 26, 1978
Synopsis : This Act creates the Federal system for regulating conflicts of interest.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:
Public Law Number : Pub. L. 97-409, Jan. 3, 1983
Synopsis : This Act amends the 1978 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1985:
Public Law Number : Pub. L. 99-190, Title I, §148, Dec. 19, 1985
Synopsis : This Act amends the 1982 Act.
ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1990:
Public Law Number : Pub. L. 101-334, July 16, 1990
Synopsis : This Act amends the 1985 Act.
ETHICS REFORM ACT OF 1989: 5 U.S.C. APP. 4 §§ 110 TO 111, 31 U.S.C. § 1353, 5 U.S.C. § 7353, 18
U.S.C. § 216, 2 U.S.C. § 72A-1G, 26 U.S.C. § 1043, 5 U.S.C. § 3393A, 10 U.S.C. § 1601, 5 U.S.C. APP. 4 §§
501 TO 505, 2 U.S.C. §§ 362 TO 364, 2 U.S.C. § 29D


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

Public Law Number : Pub. L. 101-194, Nov. 30, 1989
Synopsis : This Act addresses abuses uncovered during the Watergate period.
EXECUTIVE AND JUDICIARY PRINTING AND BINDING: 44 U.S.C. §§ 1101 TO 1123
Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 97-164, Apr. 2, 1982; Pub. L. 94-273, Apr. 21,
1976; Pub. L. 98-216, Feb. 14, 1984; Pub. L. 106-113, Nov. 29, 1998
Synopsis : Chapter 11 describes the procedures and policies with which the Executive and Judiciary
branches must comply when printing public documents. This chapter specifically addresses
the printing of periodicals and annual reports.
[Page 94]
BASIC LAWS and AUTHORITIES  | 85	GOVERNMENT PAPERWORK ELIMINATION ACT:  44 U.S.C. § 3504 NOTE.
Public Law Number : Pub. L. No. 105-277, Div. C, Title XVII, §§ 1701 to 1710, Oct. 21, 1998
Synopsis : The GPEA directs the Office of Management and Budget (OMB) to develop procedures for
the use and acceptance of electronic signatures by Executive agencies. The Act also directs


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

the OMB to develop procedures to permit private employers to store and file electronically
with Executive agencies forms containing information pertaining to the employees of such
employers.
GOVERNMENT PERFORMANCE AND RESULTS ACT: 31 U.S.C. § 1101 NOTE, 31 U.S.C. § 1115 NOTE
Public Law Number : Pub. L. No. 103-62, Aug. 3, 1993
Synopsis : The GPRA provides for the establishment of strategic planning and performance
measurement in the Federal Government. The Act requires Executive agency heads to
submit to the Director of the Office of Management and Budget (OMB) and the Congress a
strategic plan for performance goals of their agency’s program activities.
HOBBY PROTECTION ACT:  15 U.S.C. §§ 2101 - 2106
Public Law Number : Pub. L. 93-167, Nov. 29, 1973
Synopsis : This Act prohibits the introduction into commerce of any imitation political or numismatic
items that are not marked with the date of manufacture. The purpose of this Act is to protect


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

the value of original political and numismatic items. The Federal Trade Commission, the
agency responsible for enforcing this Act, has promulgated regulations which detail the
marking requirements for these items.
INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT: 40 U.S.C. §§ 11101-11103, 11301
-11303, 11311-11318, 11331-11332, 11501-11502, 11521-11522, 11701-11704
Public Law Number : Pub. L. 104-106, Div. E, Feb. 10, 1996
Synopsis : The ITMRA, now known as the Clinger-Cohen Act, requires the heads of Federal agencies
to link information technology investments to agency accomplishments. The Clinger-Cohen
Act also requires that agency heads establish a process to select, manage, and control their
information technology investments.
[Page 95]
86 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 87	PAPERWORK REDUCTION ACT:  44 U.S.C. §§ 3501 TO 3520
Public Law Number : Pub. L. 104-13, May 22, 1995


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

Synopsis : There are several purposes of this Act. They are to minimize paperwork for individuals,
businesses, and the Government; minimize the cost to the Government of collecting,
maintaining, and disseminating information; maximizing the usefulness of information
collected by the Government; create Federal law on the collection and dissemination of
information uniform; reduce fraud and waste, and to assure the privacy and confidentiality
are preserved; including the requirements of the Privacy Act.
PAY RATES AND SYSTEMS: 5 U.S.C. § 5314
Public Law Number : Pub. L. 104-293, Oct. 11, 1996; Pub. L. 108-447, Dec. 8, 2004
Synopsis : This Act lists personnel, including the Archivist, to whom Level III of the Executive
Schedule applies.
PUBLIC PRINTING AND DOCUMENTS:  44 U.S.C. CHAPTER 19
Public Law Number : Pub. L. 96-620, Oct. 20, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub. L. 95-261, April 17,
1978
Synopsis : This Act governs Government documents and their availability through depository library


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

programs.
REGULATORY NEGOTIATION ACT: 5 U.S.C. § 561 ET SEQ.
Public Law Number : Pub. L. 101-648, Nov. 29, 1990; Pub. L. 102-354, Aug. 26, 1992; Pub. L. 104-320, Oct.
19, 1996
Synopsis : This Act establishes a framework for negotiated rulemaking. Agencies may establish
negotiated rulemaking committees to develop rules according to specific requirements set out
in §565-568 of this Act.
[Page 98]
BASIC LAWS and AUTHORITIES  | 89	October 10, 1952
Dr. Roy V. Peel
Director, Bureau of the Census,
Department of Commerce, Washington, D.C.
DEAR DR. PEEL: This is in reply to our offer to trans -
fer periodically to the National Archives and Records Ser -
vice the original schedules of each decennial population
census when these are no longer needed for active statisti -
cal use, the negative microfilm of those population census
schedules for which the Bureau of the Census possesses
adequate positive microfilm copies, and the positive mi -
crofilm copies of those population census schedules which


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

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


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

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


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

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


# 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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

actions to ensure compliance with this order and imple -
menting directives;
(3) review all agency implementing regulations, inter -
nal rules, or guidelines. The Director shall require any reg -
ulation, rule, or guideline to be changed if it is not consis -
tent with this order or implementing directives. Any such
decision by the Director may be appealed to the National
Security Council. The agency regulation, rule, or guide -
line shall remain in effect pending a prompt decision on
the appeal;
(4) have the authority, pursuant to terms of applica -
ble contracts, licenses, grants, or regulations, to conduct
on-site reviews of the implementation of the National
Industrial Security Program by each agency, contractor,
[Page 104]
BASIC LAWS and AUTHORITIES  | 99	EXECUTIVE ORDER 12968—
ACCESS TO CLASSIFIED INFORMATION
Source: Ex. Ord. No. 12968, Aug. 2, 1995, 60 F .R. 40245, as amended by
Ex. Ord. No. 13467, §3(b), June 30, 2008, 73 F .R. 38107, provided:


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

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


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

PART 1—DEFINITIONS, ACCESS TO
CLASSIFIED INFORMATION, FINANCIAL
DISCLOSURE, AND OTHER ITEMS
Section 1.1. Definitions . For the purposes of this
order: (a) “Agency” means any “Executive agency,” as
defined in 5 U.S.C. 105, the “military departments,”
as defined in 5 U.S.C. 102, and any other entity within
the executive branch that comes into the possession of
classified information, including the Defense Intelligence
Agency, National Security Agency, and the National
Reconnaissance Office.
(b) “Applicant” means a person other than an employee
who has received an authorized conditional offer of
employment for a position that requires access to classified
information.(c) “Authorized investigative agency” means an
agency authorized by law or regulation to conduct
a counterintelligence investigation or investigation
of persons who are proposed for access to classified
information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.


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

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


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

employee requires access to a particular level of classified
information in order to perform or assist in a lawful and
authorized governmental function.
(h) “Need-to-know” means a determination made by
an authorized holder of classified information that a
prospective recipient requires access to specific classified
information in order to perform or assist in a lawful and
authorized governmental function.
[Page 105]
96 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 97	of the Secretary of Energy, the Nuclear Regulatory
Commission, and the Director of Central Intelligence,
shall issue and maintain a National Industrial Security
Program Operating Manual (“Manual”). The Secretary
of Energy and the Nuclear Regulatory Commission
shall prescribe and issue that portion of the Manual
that pertains to information classified under the Atomic
Energy Act of 1954, as amended [42 U.S.C. 2011 et
seq.]. The Director of Central Intelligence shall prescribe


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

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


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

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


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

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


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

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


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

Atomic Energy Act of 1954, as amended [42 U.S.C. 2011
et seq.]. The Secretary or the Commission may inspect
and monitor contractor, licensee, and grantee programs
and facilities that involve access to such information or
[Page 106]
BASIC LAWS and AUTHORITIES  | 97	may enter into written agreements with the Secretary of
Defense, as Executive Agent, to inspect and monitor these
programs or facilities, in whole or in part, on behalf of the
Secretary or the Commission, respectively.
(d) The Executive Agent shall have the authority to
issue, after consultation with affected agencies, standard
forms or other standardization that will promote the
implementation of the National Industrial Security
Program.
Sec. 203. Implementation . (a) The head of each agency
that enters into classified contracts, licenses, or grants shall
designate a senior agency official to direct and administer
the agency’s implementation and compliance with the
National Industrial Security Program.


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

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


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

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


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

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


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

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


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

I. All unreviewed World War II and earlier records,
including:
A. RG 18, Army Air Forces 1,722,400 pp.
B. RG 65, Federal Bureau of Investigation 362,500 pp.
C. RG 127, United States Marine Corps 195,000 pp.
D. RG 216, Office of Censorship 112,500 pp.
E. RG 226, Office of Strategic Services 415,000 pp.
F . RG 60, United States Occupation Headquarters
4,422,500 pp.
G. RG 331, Allied Operational and Occupation Head -
quarters, World War II (including 350 reels of Allied
Force Headquarters) 3,097,500 pp.H. RG 332, United States Theaters of War, World War
II 1,182,500 pp.
I. RG 338, Mediterranean Theater of Operations and
European Command 9,500,000 pp.Subtotal for World
War II and earlier 21.0 million pp.
II. Post1945 Collections (Military and Civil)
A. RG 19, Bureau of Ships, Pre1950 General Corre -
spondence (selected records) 1,732,500 pp.
B. RG 51, Bureau of the Budget, 52.12 Budget Prepa -
ration Branch, 1952–69 142,500 pp.
C. RG 72, Bureau of Aeronautics (Navy) (selected re -
cords) 5,655,000 pp.


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

D. RG 166, Foreign Agricultural Service, Narrative Re -
ports,
1955–61 1,272,500 pp.
E. RG 313, Naval Operating Forces (selected records)
407,500 pp.
F . RG 319, Office of the Chief of Military History
Manuscripts and Background Papers (selected records)
933,000 pp.
G. RG 337, Headquarters, Army Ground Forces (se -
lected records) 1,269,700 pp.
H. RG 341, Headquarters, United States Air Force (se -
lected records) 4,870,000 pp.
I. RG 389, Office of the Provost Marshal General (se -
lected records) 448,000 pp.
J. RG 391, United States Army Regular Army Mobil
Units 240,000 pp.
K. RG 428, General Records of the Department of the
Navy (selected records) 31,250 pp.
L. RG 472, Army Vietnam Collection (selected re -
cords) 5,864,000 pp.
Subtotal for Other 22.9 million pp.
TOTAL 43.9 million pp.
[Page 109]
100 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 101	(i) “Overseas Security Executive Agent” means the
Board established by the President to consider, develop,


# 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

coordinate and promote policies, standards and
agreements on overseas security operations, programs and
projects that affect all United States Government agencies
under the authority of a Chief of Mission.
(j) “Security Executive Agent” means the Security
Executive Agent established by the President to consider,
coordinate, and recommend policy directives for U.S.
security policies, procedures, and practices.
(k) “Special access program” has the meaning provided in
section 4.1 of Executive Order No. 12958 [formerly set
out above], or any successor order.
Sec. 1.2. Access to Classified Information . (a) No employee
shall be granted access to classified information unless
that employee has been determined to be eligible in
accordance with this order and to possess a need-to-know.
(b) Agency heads shall be responsible for establishing and
maintaining an effective program to ensure that access
to classified information by each employee is clearly
consistent with the interests of the national security.


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

(c) Employees shall not be granted access to classified
information unless they:
(1) have been determined to be eligible for access under
section 3.1 of this order by agency heads or designated
officials based upon a favorable adjudication of an appro -
priate investigation of the employee’s background;
(2) have a demonstrated need-to-know; and
(3) have signed an approved nondisclosure agreement.
(d) All employees shall be subject to investigation by an
appropriate government authority prior to being granted
access to classified information and at any time during
the period of access to ascertain whether they continue to
meet the requirements for access.
(e)(1) All employees granted access to classified
information shall be required as a condition of such
access to provide to the employing agency written
consent permitting access by an authorized investigative
agency, for such time as access to classified information is


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

maintained and for a period of 3 years thereafter, to:(A) relevant financial records that are maintained by a
financial institution as defined in 31 U.S.C. 5312(a) or
by a holding company as defined in section 1101(6) of
the Right to Financial Privacy Act of 1978 (12 U.S.C.
3401[(6)]);
(B) consumer reports pertaining to the employee under
the Fair Credit Reporting Act (15 U.S.C. 1681a [1681
et seq.]); and
(C) records maintained by commercial entities within the
United States pertaining to any travel by the employee
outside the United States.
(2) Information may be requested pursuant to employ -
ee consent under this section where:
(A) there are reasonable grounds to believe, based on
credible information, that the employee or former
employee is, or may be, disclosing classified information
in an unauthorized manner to a foreign power or agent of
a foreign power;
(B) information the employing agency deems credible
indicates the employee or former employee has incurred


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

excessive indebtedness or has acquired a level of affluence
that cannot be explained by other information; or
(C) circumstances indicate the employee or former employee
had the capability and opportunity to disclose classified
information that is known to have been lost or compromised
to a foreign power or an agent of a foreign power.
(3) Nothing in this section shall be construed to affect
the authority of an investigating agency to obtain infor -
mation pursuant to the Right to Financial Privacy Act [of
1978, 12 U.S.C. 3401 et seq.], the Fair Credit Reporting
Act [15 U.S.C. 1681 et seq.] or any other applicable law.
Sec. 1.3. Financial Disclosure . (a) Not later than 180 days
after the effective date of this order, the head of each
agency that originates, handles, transmits, or possesses
classified information shall designate each employee, by
position or category where possible, who has a regular
need for access to classified information that, in the
discretion of the agency head, would reveal:


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

(1) the identity of covert agents as defined in the Intel -
ligence Identities Protection Act of 1982 (50 U.S.C. 421
[sic] [et seq.]) [now 50 U.S.C. 3121 et seq.];
[Page 110]
BASIC LAWS and AUTHORITIES  | 101	(2) technical or specialized national intelligence collec -
tion and processing systems that, if disclosed in an unau -
thorized manner, would substantially negate or impair the
effectiveness of the system;
(3) the details of:
(A) the nature, contents, algorithm, preparation, or use of
any code, cipher, or cryptographic system or;
(B) the design, construction, functioning, maintenance, or
repair of any cryptographic equipment; but not including
information concerning the use of cryptographic
equipment and services;
(4) particularly sensitive special access programs, the dis -
closure of which would substantially negate or impair the
effectiveness of the information or activity involved; or
(5) especially sensitive nuclear weapons design informa -


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

tion (but only for those positions that have been certified
as being of a high degree of importance or sensitivity, as
described in section 145(f) of the Atomic Energy Act of
1954, as amended [42 U.S.C. 2165(f)]).
(b) An employee may not be granted access, or hold a
position designated as requiring access, to information
described in subsection (a) unless, as a condition of access
to such information, the employee:
(1) files with the head of the agency a financial disclo -
sure report, including information with respect to the
spouse and dependent children of the employee, as part
of all background investigations or reinvestigations;
(2) is subject to annual financial disclosure require -
ments, if selected by the agency head; and
(3) files relevant information concerning foreign travel,
as determined by the Security Executive Agent.
(c) Not later than 180 days after the effective date of
this order, the Security Executive Agent shall develop
procedures for the implementation of this section,


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

including a standard financial disclosure form for use
by employees under subsection (b) of this section, and
agency heads shall identify certain employees, by position
or category, who are subject to annual financial disclosure.
Sec. 1.4. Use of Automated Financial Record Data Bases . As part of all investigations and reinvestigations described
in section 1.2(d) of this order, agencies may request the
Department of the Treasury, under terms and conditions
prescribed by the Secretary of the Treasury, to search
automated data bases consisting of reports of currency
transactions by financial institutions, international
transportation of currency or monetary instruments,
foreign bank and financial accounts, transactions under
$10,000 that are reported as possible money laundering
violations, and records of foreign travel.
Sec. 1.5. Employee Education and Assistance . The head of
each agency that grants access to classified information
shall establish a program for employees with access to


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

classified information to: (a) educate employees about
individual responsibilities under this order; and
(b) inform employees about guidance and assistance
available concerning issues that may affect their eligibility
for access to classified information, including sources of
assistance for employees who have questions or concerns
about financial matters, mental health, or substance
abuse.
PART 2—ACCESS ELIGIBILITY POLICY AND
PROCEDURE
Sec. 2.1. Eligibility Determinations . (a) Determinations
of eligibility for access to classified information shall
be based on criteria established under this order.
Such determinations are separate from suitability
determinations with respect to the hiring or retention of
persons for employment by the government or any other
personnel actions.
(b) The number of employees that each agency determines
are eligible for access to classified information shall be
kept to the minimum required for the conduct of agency
functions.


# 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

(1) Eligibility for access to classified information shall
not be requested or granted solely to permit entry to,
or ease of movement within, controlled areas when the
employee has no need for access and access to classified
information may reasonably be prevented. Where circum -
stances indicate employees may be inadvertently exposed
to classified information in the course of their duties,
agencies are authorized to grant or deny, in their discre -
tion, facility access approvals to such employees based on
[Page 111]
102 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 103	an appropriate level of investigation as determined by
each agency.
(2) Except in agencies where eligibility for access is a
mandatory condition of employment, eligibility for access
to classified information shall only be requested or grant -
ed based on a demonstrated, foreseeable need for access.
Requesting or approving eligibility in excess of actual re -
quirements is prohibited.