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# 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
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# 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
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# 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:
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# 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:
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# 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.
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# 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
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# 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
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# 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.
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# 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
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# 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
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# 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
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# 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.
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# 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
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# 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
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# 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
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# 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.
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# 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.
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# 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,
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# 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.
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# 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
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# 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
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# 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:
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# 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 -
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# 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,
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# 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
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# 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.
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# 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational (3) Eligibility for access to classified information may be granted where there is a temporary need for access, such as one-time participation in a classified project, pro - vided the investigative standards established under this or - der have been satisfied. In such cases, a fixed date or event for expiration shall be identified and access to classified information shall be limited to information related to the particular project or assignment. (4) Access to classified information shall be terminated when an employee no longer has a need for access. Sec. 2.2. Level of Access Approval . (a) The level at which an access approval is granted for an employee shall be limited, and relate directly, to the level of classified information for which there is a need for access. Eligibility for access to a higher level of classified information includes eligibility for access to information classified at a lower level. (b) Access to classified information relating to a special
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Real Property | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational access program shall be granted in accordance with procedures established by the head of the agency that created the program or, for programs pertaining to intelligence activities (including special activities but not including military operational, strategic, and tactical programs) or intelligence sources and methods, by the Director of Central Intelligence. To the extent possible and consistent with the national security interests of the United States, such procedures shall be consistent with the standards and procedures established by and under this order. Sec. 2.3. Temporary Access to Higher Levels . (a) An employee who has been determined to be eligible for access to classified information based on favorable adjudication of a completed investigation may be granted temporary access to a higher level where security personnel authorized by the agency head to make access eligibility determinations find that such access:(1) is necessary to meet operational or contractual exi -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational gencies not expected to be of a recurring nature; (2) will not exceed 180 days; and (3) is limited to specific, identifiable information that is made the subject of a written access record. (b) Where the access granted under subsection (a) of this section involves another agency’s classified information, that agency must concur before access to its information is granted. Sec. 2.4. Reciprocal Acceptance of Access Eligibility Determinations . (a) Except when an agency has substantial information indicating that an employee may not satisfy the standards in section 3.1 of this order, background investigations and eligibility determinations conducted under this order shall be mutually and reciprocally accepted by all agencies. (b) Except where there is substantial information indicating that the employee may not satisfy the standards in section 3.1 of this order, an employee with existing access to a special access program shall not be denied eligibility for access to another special access program at
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational the same sensitivity level as determined personally by the agency head or deputy agency head, or have an existing access eligibility readjudicated, so long as the employee has a need for access to the information involved. (c) This section shall not preclude agency heads from establishing additional, but not duplicative, investigative or adjudicative procedures for a special access program or for candidates for detail or assignment to their agencies, where such procedures are required in exceptional circumstances to protect the national security. (d) Where temporary eligibility for access is granted under sections 2.3 or 3.3 of this order or where the determination of eligibility for access is conditional, the fact of such temporary or conditional access shall be conveyed to any other agency that considers affording the employee access to its information. Sec. 2.5. Specific Access Requirement . (a) Employees who have been determined to be eligible for access to classified
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational information shall be given access to classified information only where there is a need-to-know that information. [Page 112] BASIC LAWS and AUTHORITIES | 103 (b) It is the responsibility of employees who are authorized holders of classified information to verify that a prospective recipient’s eligibility for access has been granted by an authorized agency official and to ensure that a need-to-know exists prior to allowing such access, and to challenge requests for access that do not appear well-founded. Sec. 2.6. Access by Non-United States Citizens . (a) Where there are compelling reasons in furtherance of an agency mission, immigrant alien and foreign national employees who possess a special expertise may, in the discretion of the agency, be granted limited access to classified information only for specific programs, projects, contracts, licenses, certificates, or grants for which there is a need for access. Such individuals shall not be eligible for access to any
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational greater level of classified information than the United States Government has determined may be releasable to the country of which the subject is currently a citizen, and such limited access may be approved only if the prior 10 years of the subject’s life can be appropriately investigated. If there are any doubts concerning granting access, additional lawful investigative procedures shall be fully pursued. (b) Exceptions to these requirements may be permitted only by the agency head or the senior agency official designated under section 6.1 of this order to further substantial national security interests. PART 3—ACCESS ELIGIBILITY STANDARDS Sec. 3.1. Standards . (a) No employee shall be deemed to be eligible for access to classified information merely by reason of Federal service or contracting, licensee, certificate holder, or grantee status, or as a matter of right or privilege, or as a result of any particular title, rank, position, or affiliation.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational (b) Except as provided in sections 2.6 and 3.3 of this order, eligibility for access to classified information shall be granted only to employees who are United States citizens for whom an appropriate investigation has been completed and whose personal and professional history affirmatively indicates loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of classified information. A determination of eligibility for access to such information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel or appropriate automated procedures. Eligibility shall be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: case_study Difficulty: intermediate | Document Type: educational the United States, and any doubt shall be resolved in favor of the national security. (c) The United States Government does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information. (d) In determining eligibility for access under this order, agencies may investigate and consider any matter that relates to the determination of whether access is clearly consistent with the interests of national security. No inference concerning the standards in this section may be raised solely on the basis of the sexual orientation of the employee. (e) No negative inference concerning the standards in this section may be raised solely on the basis of mental health counseling. Such counseling can be a positive factor in eligibility determinations. However, mental health counseling, where relevant to the adjudication of access to classified information, may justify further inquiry to
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational determine whether the standards of subsection (b) of this section are satisfied, and mental health may be considered where it directly relates to those standards. (f) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of adjudicative guidelines for determining eligibility for access to classified information, including access to special access programs. Sec. 3.2. Basis for Eligibility Approval . (a) Eligibility determinations for access to classified information shall be based on information concerning the applicant or employee that is acquired through the investigation conducted pursuant to this order or otherwise available to security officials and shall be made part of the applicant’s or employee’s security record. Applicants or employees shall be required to provide relevant information [Page 113] 104 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 105 pertaining to their background and character for use in
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational investigating and adjudicating their eligibility for access. (b) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of investigative standards for background investigations for access to classified information. These standards may vary for the various levels of access. (c) Nothing in this order shall prohibit an agency from utilizing any lawful investigative procedure in addition to the investigative requirements set forth in this order and its implementing regulations to resolve issues that may arise during the course of a background investigation or reinvestigation. Sec. 3.3. Special Circumstances . (a) In exceptional circumstances where official functions must be performed prior to the completion of the investigative and adjudication process, temporary eligibility for access to classified information may be granted to an employee while the initial investigation is underway. When such eligibility
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Wrongful Dismissal | Sample Type: legal_news_analysis Difficulty: advanced | Document Type: educational is granted, the initial investigation shall be expedited. (1) Temporary eligibility for access under this section shall include a justification, and the employee must be notified in writing that further access is expressly condi - tioned on the favorable completion of the investigation and issuance of an access eligibility approval. Access will be immediately terminated, along with any assignment requiring an access eligibility approval, if such approval is not granted. (2) Temporary eligibility for access may be granted only by security personnel authorized by the agency head to make access eligibility determinations and shall be based on minimum investigative standards developed by the Se - curity Executive Agent not later than 180 days after the effective date of this order. (3) Temporary eligibility for access may be granted only to particular, identified categories of classified information necessary to perform the lawful and authorized functions
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: advanced | Document Type: educational that are the basis for the granting of temporary access. (b) Nothing in subsection (a) shall be construed as altering the authority of an agency head to waive requirements for granting access to classified information pursuant to statutory authority.(c) Where access has been terminated under section 2.1(b)(4) of this order and a new need for access arises, access eligibility up to the same level shall be reapproved without further investigation as to employees who were determined to be eligible based on a favorable adjudication of an investigation completed within the prior 5 years, provided they have remained employed by the same employer during the period in question, the employee certifies in writing that there has been no change in the relevant information provided by the employee for the last background investigation, and there is no information that would tend to indicate the employee may no longer satisfy the standards established by this order for access to classified information.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational (d) Access eligibility shall be reapproved for individuals who were determined to be eligible based on a favorable adjudication of an investigation completed within the prior 5 years and who have been retired or otherwise separated from United States Government employment for not more than 2 years; provided there is no indication the individual may no longer satisfy the standards of this order, the individual certifies in writing that there has been no change in the relevant information provided by the individual for the last background investigation, and an appropriate record check reveals no unfavorable information. Sec. 3.4. Reinvestigation Requirements . (a) Because circumstances and characteristics may change dramatically over time and thereby alter the eligibility of employees for continued access to classified information, reinvestigations shall be conducted with the same priority and care as initial investigations. (b) Employees who are eligible for access to classified
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational information shall be the subject of periodic reinvestigations and may also be reinvestigated if, at any time, there is reason to believe that they may no longer meet the standards for access established in this order. (c) Not later than 180 days after the effective date of this order, the Security Executive Agent shall develop a common set of reinvestigative standards, including the frequency of reinvestigations. Sec. 3.5. Continuous Evaluation . An individual who has been determined to be eligible for or who currently has access to classified information shall be subject to [Page 114] BASIC LAWS and AUTHORITIES | 105 continuous evaluation under standards (including, but not limited to, the frequency of such evaluation) as determined by the Director of National Intelligence. PART 4—INVESTIGATIONS FOR FOREIGN GOVERNMENTS Sec. 4. Authority . Agencies that conduct background investigations, including the Federal Bureau of Investigation and the Department of State, are authorized
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational to conduct personnel security investigations in the United States when requested by a foreign government as part of its own personnel security program and with the consent of the individual. PART 5—REVIEW OF ACCESS DETERMINATIONS Sec. 5.1. Determinations of Need for Access . A determination under section 2.1(b)(4) of this order that an employee does not have, or no longer has, a need for access is a discretionary determination and shall be conclusive. Sec. 5.2. Review Proceedings for Denials or Revocations of Eligibility for Access . (a) Applicants and employees who are determined to not meet the standards for access to classified information established in section 3.1 of this order shall be: (1) provided as comprehensive and detailed a written explanation of the basis for that conclusion as the national security interests of the United States and other applicable law permit; (2) provided within 30 days, upon request and to the extent the documents would be provided if requested un -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational der the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act (5 U.S.C. 552a), as applicable, any docu - ments, records, and reports upon which a denial or revo - cation is based; (3) informed of their right to be represented by counsel or other representative at their own expense; to request any documents, records, and reports as described in sec - tion 5.2(a)(2) upon which a denial or revocation is based; and to request the entire investigative file, as permitted by the national security and other applicable law, which, if requested, shall be promptly provided prior to the time set for a written reply;(4) provided a reasonable opportunity to reply in writ - ing to, and to request a review of, the determination; (5) provided written notice of and reasons for the re - sults of the review, the identity of the deciding authority, and written notice of the right to appeal; (6) provided an opportunity to appeal in writing to a high level panel, appointed by the agency head, which
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: advanced | Document Type: educational shall be comprised of at least three members, two of whom shall be selected from outside the security field. Decisions of the panel shall be in writing, and final except as provided in subsection (b) of this section; and (7) provided an opportunity to appear personally and to present relevant documents, materials, and informa - tion at some point in the process before an adjudicative or other authority, other than the investigating entity, as determined by the agency head. A written summary or recording of such appearance shall be made part of the ap - plicant’s or employee’s security record, unless such appear - ance occurs in the presence of the appeals panel described in subsection (a)(6) of this section. (b) Nothing in this section shall prohibit an agency head from personally exercising the appeal authority in subsection (a)(6) of this section based upon recommendations from an appeals panel. In such case, the decision of the agency head shall be final.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Tort Law - Nuisance | Sample Type: educational Difficulty: advanced | Document Type: educational (c) Agency heads shall promulgate regulations to implement this section and, at their sole discretion and as resources and national security considerations permit, may provide additional review proceedings beyond those required by subsection (a) of this section. This section does not require additional proceedings, however, and creates no procedural or substantive rights. (d) When the head of an agency or principal deputy personally certifies that a procedure set forth in this section cannot be made available in a particular case without damaging the national security interests of the United States by revealing classified information, the particular procedure shall not be made available. This certification shall be conclusive. (e) This section shall not be deemed to limit or affect the responsibility and power of an agency head pursuant to any law or other Executive order to deny or terminate [Page 115]
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: simple_qa Difficulty: advanced | Document Type: educational 106 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 107 access to classified information in the interests of national security. The power and responsibility to deny or terminate access to classified information pursuant to any law or other Executive order may be exercised only where the agency head determines that the procedures prescribed in subsection (a) of this section cannot be invoked in a manner that is consistent with national security. This determination shall be conclusive. (f)(1) This section shall not be deemed to limit or affect the responsibility and power of an agency head to make determinations of suitability for employment. (2) Nothing in this section shall require that an agen - cy provide the procedures prescribed in subsection (a) of this section to an applicant where a conditional offer of employment is withdrawn for reasons of suitability or any other reason other than denial of eligibility for access to classified information.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Wrongful Dismissal | Sample Type: educational Difficulty: intermediate | Document Type: educational (3) A suitability determination shall not be used for the purpose of denying an applicant or employee the review proceedings of this section where there has been a denial or revocation of eligibility for access to classified information. PART 6—IMPLEMENTATION Sec. 6.1. Agency Implementing Responsibilities . Heads of agencies that grant employees access to classified information shall: (a) designate a senior agency official to direct and administer the agency’s personnel security program established by this order. All such programs shall include active oversight and continuing security education and awareness programs to ensure effective implementation of this order; (b) cooperate, under the guidance of the Security Executive Agent, with other agencies to achieve practical, consistent, and effective adjudicative training and guidelines; and (c) conduct periodic evaluations of the agency’s implementation and administration of this order, including the implementation of section 1.3(a) of this
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: conversational Difficulty: intermediate | Document Type: educational order. Copies of each report shall be provided to the Security Executive Agent. Sec. 6.2. Employee Responsibilities . (a) Employees who are granted eligibility for access to classified information shall: (1) protect classified information in their custody from unauthorized disclosure;(2) report all contacts with persons, including foreign nationals, who seek in any way to obtain unauthorized access to classified information; (3) report all violations of security regulations to the appropriate security officials; and (4) comply with all other security requirements set forth in this order and its implementing regulations. (b) Employees are encouraged and expected to report any information that raises doubts as to whether another employee’s continued eligibility for access to classified information is clearly consistent with the national security. Sec. 6.3. Security Executive Agent Responsibilities and Implementation . (a) With respect to actions taken by the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational Security Executive Agent pursuant to sections 1.3(c), 3.1(f), 3.2(b), 3.3(a)(2), and 3.4(c) of this order, the Director of National Intelligence shall serve as the final authority for implementation. (b) Any guidelines, standards, or procedures developed by the Security Executive Agent pursuant to this order shall be consistent with those guidelines issued by the Federal Bureau of Investigation in March 1994 on Background Investigations Policy/Guidelines Regarding Sexual Orientation. (c) In carrying out its responsibilities under this order, the Security Executive Agent shall consult where appropriate with the Overseas Security Executive Agent. In carrying out its responsibilities under section 1.3(c) of this order, the Security Executive Agent shall obtain the concurrence of the Director of the Office of Management and Budget. Sec. 6.4. Sanctions . Employees shall be subject to appropriate sanctions if they knowingly and willfully grant eligibility for, or allow access to, classified information in
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Wrongful Dismissal | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational violation of this order or its implementing regulations. Sanctions may include reprimand, suspension without pay, removal, and other actions in accordance with applicable law and agency regulations. PART 7—GENERAL PROVISIONS Sec. 7.1. Classified Information Procedures Act . Nothing in this order is intended to alter the procedures established under the Classified Information Procedures Act (18 U.S.C. App.). [Page 116] BASIC LAWS and AUTHORITIES | 107 Sec. 7.2. General . (a) Information obtained by an agency under sections 1.2(e) or 1.3 of this order may not be disseminated outside the agency, except to: (1) the agency employing the employee who is the sub - ject of the records or information; (2) the Department of Justice for law enforcement or counterintelligence purposes; or (3) any agency if such information is clearly relevant to the authorized responsibilities of such agency. (b) The Attorney General, at the request of the head of an agency, shall render an interpretation of this order
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: legal_news_analysis Difficulty: basic | Document Type: educational with respect to any question arising in the course of its administration. (c) No prior Executive orders are repealed by this order. To the extent that this order is inconsistent with any provision of any prior Executive order, this order shall control, except that this order shall not diminish or otherwise affect the requirements of Executive Order No. 10450 [5 U.S.C. 7311 note], the denial and revocation procedures provided to individuals covered by Executive Order No. 10865, as amended [set out above], or access by historical researchers and former presidential appointees under Executive Order No. 12958 [formerly set out above] or any successor order. (d) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected. (e) This Executive order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Constitutional Law - Rights | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. (f) This order is effective immediately. [Page 117] 108 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 109 EXECUTIVE ORDER 13467— REFORMING PROCESSES RELATED TO SUITABILITY FOR GOVERNMENT EMPLOYMENT , FITNESS FOR CONTRACTOR EMPLOYEES, AND ELIGIBILITY FOR ACCESS TO CLASSIFIED NATIONAL SECURITY INFORMATION Ex. Ord. No. 13467, June 30, 2008, 73 F .R. 38103, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure an efficient, practical, reciprocal, and aligned system for investigating and determining suitability for Government employment, contractor employee fitness, and eligibility for access to classified
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational information, while taking appropriate account of title III of Public Law 108–458, it is hereby ordered as follows: PART 1—POLICY, APPLICABILITY, AND DEFINITIONS Section 1.1. Policy . Executive branch policies and procedures relating to suitability, contractor employee fitness, eligibility to hold a sensitive position, access to federally controlled facilities and information systems, and eligibility for access to classified information shall be aligned using consistent standards to the extent possible, provide for reciprocal recognition, and shall ensure cost- effective, timely, and efficient protection of the national interest, while providing fair treatment to those upon whom the Federal Government relies to conduct our Nation’s business and protect national security. Sec. 1.2. Applicability . (a) This order applies to all covered individuals as defined in section 1.3(g), except that: (i) the provisions regarding eligibility for physical ac -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational cess to federally controlled facilities and logical access to federally controlled information systems do not apply to individuals exempted in accordance with guidance pursu - ant to the Federal Information Security Management Act (title III ofPublic Law 107–347) and Homeland Security Presidential Directive 12; and (ii) the qualification standards for enlistment, appoint -ment, and induction into the Armed Forces pursuant to title 10, United States Code, are unaffected by this order. (b) This order also applies to investigations and determinations of eligibility for access to classified information for employees of agencies working in or for the legislative or judicial branches when those investigations or determinations are conducted by the executive branch. Sec. 1.3. Definitions . For the purpose of this order: (a) “Adjudication” means the evaluation of pertinent data in a background investigation, as well as any other available information that is relevant and reliable, to determine
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: advanced | Document Type: educational whether a covered individual is: (i) suitable for Government employment; (ii) eligible for logical and physical access; (iii) eligible for access to classified information; (iv) eligible to hold a sensitive position; or (v) fit to perform work for or on behalf of the Govern - ment as a contractor employee. (b) “Agency” means any “Executive agency” as defined in section 105 of title 5, United States Code, including the “military departments,” as defined in section 102 of title 5, United States Code, and any other entity within the executive branch that comes into possession of classified information or has designated positions as sensitive, except such an entity headed by an officer who is not a covered individual. (c) “Classified information” means information that has [Page 119] 110 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 111 physical access, eligibility to hold a sensitive position, or eligibility for access to classified information without the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Formation | Sample Type: client_interaction Difficulty: intermediate | Document Type: educational approval of the Suitability Executive Agent or Security Executive Agent, as appropriate, and provided that approval to establish additional requirements shall be limited to circumstances where additional requirements are necessary to address significant needs unique to the agency involved or to protect national security. Sec. 2.2. Establishment and Functions of Performance Accountability Council . (a) There is hereby established a Suitability and Security Clearance Performance Accountability Council (Council). (b) The Deputy Director for Management, Office of Management and Budget, shall serve as Chair of the Council and shall have authority, direction, and control over the Council’s functions. Membership on the Council shall include the Suitability Executive Agent and the Security Executive Agent. The Chair shall select a Vice Chair to act in the Chair’s absence. The Chair shall have authority to designate officials from additional agencies who shall serve
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis Difficulty: advanced | Document Type: educational as members of the Council. Council membership shall be limited to Federal Government employees and shall include suitability and security professionals. (c) The Council shall be accountable to the President to achieve, consistent with this order, the goals of reform, and is responsible for driving implementation of the reform effort, ensuring accountability by agencies, ensuring the Suitability Executive Agent and the Security Executive Agent align their respective processes, and sustaining reform momentum. (d) The Council shall: (i) ensure alignment of suitability, security, and, as ap - propriate, contractor employee fitness investigative and adjudicative processes; (ii) hold agencies accountable for the implementation of suitability, security, and, as appropriate, contractor em - ployee fitness processes and procedures; (iii) establish requirements for enterprise information technology; (iv) establish annual goals and progress metrics and pre -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: advanced | Document Type: educational pare annual reports on results;(v) ensure and oversee the development of tools and techniques for enhancing background investigations and the making of eligibility determinations; (vi) arbitrate disparities in procedures between the Suit - ability Executive Agent and the Security Executive Agent; (vii) ensure sharing of best practices; and (viii) advise the Suitability Executive Agent and the Se - curity Executive Agent on policies affecting the alignment of investigations and adjudications. (e) The Chair may, to ensure the effective implementation of the policy set forth in section 1.1 of this order and to the extent consistent with law, assign, in whole or in part, to the head of any agency (solely or jointly) any function within the Council’s responsibility relating to alignment and improvement of investigations and determinations of suitability, contractor employee fitness, eligibility for logical and physical access, eligibility for access to classified
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Wrongful Dismissal | Sample Type: general_reasoning Difficulty: intermediate | Document Type: educational information, or eligibility to hold a sensitive position. Sec. 2.3. Establishment, Designation, and Functions of Executive Agents . (a) There is hereby established a Suitability Executive Agent and a Security Executive Agent. (b) The Director of the Office of Personnel Management shall serve as the Suitability Executive Agent. As the Suitability Executive Agent, the Director of the Office of Personnel Management will continue to be responsible for developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of suitability and eligibility for logical and physical access. (c) The Director of National Intelligence shall serve as the Security Executive Agent. The Security Executive Agent: (i) shall direct the oversight of investigations and de - terminations of eligibility for access to classified informa - tion or eligibility to hold a sensitive position made by any agency;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: legal_dialogue Difficulty: advanced | Document Type: educational (ii) shall be responsible for developing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of investigations and adjudications relating to determinations of eligibility for [Page 120] BASIC LAWS and AUTHORITIES | 111 access to classified information or eligibility to hold a sen - sitive position; (iii) may issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity, centraliza - tion, efficiency, effectiveness, and timeliness in processes relating to determinations by agencies of eligibility for access to classified information or eligibility to hold a sen - sitive position; (iv) shall serve as the final authority to designate an agency or agencies to conduct investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for ob - taining and retaining access to classified information or eligibility to hold a sensitive position;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational (v) shall serve as the final authority to designate an agency or agencies to determine eligibility for access to classified information in accordance with Executive Order 12968 of August 2, 1995 [set out above]; (vi) shall ensure reciprocal recognition of eligibility for access to classified information among the agencies, including acting as the final authority to arbitrate and resolve disputes among the agencies involving the reci - procity of investigations and determinations of eligibility for access to classified information or eligibility to hold a sensitive position; and (vii) may assign, in whole or in part, to the head of any agency (solely or jointly) any of the functions detailed in (i) through (vi), above, with the agency’s exercise of such assigned functions to be subject to the Security Executive Agent’s oversight and with such terms and conditions (in - cluding approval by the Security Executive Agent) as the Security Executive Agent determines appropriate.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: conversational Difficulty: intermediate | Document Type: educational (d) Nothing in this order shall be construed in a manner that would limit the authorities of the Director of the Office of Personnel Management or the Director of National Intelligence under law. Sec. 2.4. Additional Functions . (a) The duties assigned to the Security Policy Board by Executive Order 12968 of August 2, 1995, to consider, coordinate, and recommend policy directives for executive branch security policies, procedures, and practices are reassigned to the Security Executive Agent.(b) Heads of agencies shall: (i) carry out any function assigned to the agency head by the Chair, and shall assist the Chair, the Council, the Suitability Executive Agent, and the Security Executive Agent in carrying out any function under sections 2.2 and 2.3 of this order; (ii) implement any policy or procedure developed pur - suant to this order; (iii) to the extent permitted by law, make available to the Performance Accountability Council, the Suitability Executive Agent, or the Security Executive Agent such in -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Constitutional Law - Rights | Sample Type: legal_dialogue Difficulty: advanced | Document Type: educational formation as may be requested to implement this order; (iv) ensure that all actions taken under this order take account of the counterintelligence interests of the United States, as appropriate; and (v) ensure that actions taken under this order are con - sistent with the President’s constitutional authority to: (A) conduct the foreign affairs of the United States; (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the per - formance of the Executive’s constitutional duties; (C) recommend for congressional consideration such measures as the President may judge necessary or expe - dient; and (D) supervise the unitary executive branch. PART 3—MISCELLANEOUS Sec. 3. General Provisions . (a) Executive Order 13381 of June 27, 2005, as amended, is revoked. Nothing in this order shall: (i) supersede, impede, or otherwise affect: (A) Executive Order 10450 of April 27, 1953, as amended;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Discrimination | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational (B) Executive Order 10577 of November 23, 1954, as amended; (C) Executive Order 12333 of December 4, 1981, as amended; [Page 121] 112 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 113 (D) Executive Order 12829 of January 6, 1993, as amended; or (E) Executive Order 12958 of April 17, 1995, as amended [formerly set out above]; nor (ii) diminish or otherwise affect the denial and revoca - tion procedures provided to individuals covered by Ex - ecutive Order 10865 of February 20, 1960, as amended. (b) [Amended Ex. Ord. No. 12968, set out above.] (c) Nothing in this order shall supersede, impede, or otherwise affect the remainder of Executive Order 12968 of August 2, 1995, as amended. (d) [Amended Ex. Ord. No. 12171, set out as a note under section 7103 of Title 5, Government Organization and Employees.] (e) Nothing in this order shall be construed to impair or otherwise affect the: (i) authority granted by law to a department or agency, or the head thereof; or
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Formation | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (f) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (g) Existing delegations of authority made pursuant to Executive Order 13381 of June 27, 2005, as amended, to any agency relating to granting eligibility for access to classified information and conducting investigations shall 13 [sic] remain in effect, subject to the exercise of authorities pursuant to this order to revise or revoke such delegation. (h) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order shall not be affected. (i) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Constitutional Law - Rights | Sample Type: case_study Difficulty: intermediate | Document Type: educational against the United States, its agencies, instrumentalities, or entities, its officers or employees, or any other person. [Page 122] BASIC LAWS and AUTHORITIES | 113 EXECUTIVE ORDER 13489— PRESIDENTIAL RECORDS By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) “Archivist” refers to the Archivist of the United States or his designee. (b) “NARA” refers to the National Archives and Records Administration. (c) “Presidential Records Act” refers to the Presidential Records Act, 44 U.S.C. 2201-2207. (d) “NARA regulations” refers to the NARA regulations
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational implementing the Presidential Records Act, 36 C.F.R. Part 1270. (e) “Presidential records” refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records. (f) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created. (g) A “substantial question of executive privilege” exists if NARA’s disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch. (h) A “final court order” is a court order from which no appeal may be taken.Sec. 2. Notice of Intent to Disclose Presidential Records. (a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative. (b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Real Property | Sample Type: general_reasoning Difficulty: intermediate | Document Type: educational privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice. Sec. 3. Claim of Executive Privilege by Incumbent President. (a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the notice and consult with each other, the Archivist, and such other executive [Page 123] 114 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 115 agencies as they deem appropriate concerning whether invocation of executive privilege is justified.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: general_reasoning Difficulty: advanced | Document Type: educational (b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination. (c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General. (d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational Sec. 4. Claim of Executive Privilege by Former President. (a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist’s determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist’s determination with respect to the former President’s claim of privilege.(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Manage - ment and Budget relating to budget, administrative, or legislative proposals.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Company Law - Directors Duties | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked. [Page 124] BASIC LAWS and AUTHORITIES | 115 EXECUTIVE ORDER 13526— CLASSIFIED NATIONAL SECURITY INFORMATION This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information both within the Government and to the American people. Nevertheless,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Constitutional Law - Separation of Powers | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation’s security and demonstrating our commitment to open Government through accurate and accountable application of classification standards and routine, secure, and effective declassification are equally important priorities. NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: PART 1 — ORIGINAL CLASSIFICATION Section 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met: (1) an original classification authority is classifying the information; (2) the information is owned by, produced by or for,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: legal_news_analysis Difficulty: advanced | Document Type: educational or is under the control of the United States Government; (3) the information falls within one or more of the cat - egories of information listed in section 1.4 of this order; and (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national se - curity, which includes defense against transnational ter - rorism, and the original classification authority is able to identify or describe the damage. (b) If there is significant doubt about the need to classify information, it shall not be classified. This provision does not: (1) amplify or modify the substantive criteria or proce - dures for classification; or (2) create any substantive or procedural rights subject to judicial review. (c) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information. (d) The unauthorized disclosure of foreign government
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Tort Law - Occupiers Liability | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational information is presumed to cause damage to the national security. Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels: (1) “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be ex - pected to cause exceptionally grave damage to the nation - al security that the original classification authority is able to identify or describe. (2) “Secret” shall be applied to information, the unau - thorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or de - scribe. (3) “Confidential” shall be applied to information, the unauthorized disclosure of which reasonably could be ex - pected to cause damage to the national security that the original classification authority is able to identify or de - scribe. [Page 125]
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 116 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 117 (b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information. (c) If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level. Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by: (1) the President and the Vice President; (2) agency heads and officials designated by the Presi - dent; and (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section. (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. (c) Delegation of original classification authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Formation | Sample Type: procedural_guide Difficulty: intermediate | Document Type: educational designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) “Top Secret” original classification authority may be delegated only by the President, the Vice President, or an agency head or official designated pursuant to paragraph (a)(2) of this section. (3) “Secret” or “Confidential” original classification au - thority may be delegated only by the President, the Vice President, an agency head or official designated pursuant to paragraph (a)(2) of this section, or the senior agency official designated under section 5.4(d) of this order, pro - vided that official has been delegated “Top Secret” origi - nal classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redel - egated except as provided in this order. Each delegation shall identify the official by name or position. (5) Delegations of original classification authority shall
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational be reported or made available by name or position to the Director of the Information Security Oversight Office.(d) All original classification authorities must receive training in proper classification (including the avoidance of over- classification) and declassification as provided in this order and its implementing directives at least once a calendar year. Such training must include instruction on the proper safeguarding of classified information and on the sanctions in section 5.5 of this order that may be brought against an individual who fails to classify information properly or protect classified information from unauthorized disclosure. Original classification authorities who do not receive such mandatory training at least once within a calendar year shall have their classification authority suspended by the agency head or the senior agency official designated under section 5.4(d) of this order until such training has taken place. A waiver may be granted by the agency head, the deputy agency
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: case_analysis Difficulty: basic | Document Type: educational head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable. (e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject matter interest and classification authority with respect to this information. That agency shall decide within 30 days whether to classify this information. Sec. 1.4. Classification Categories. Information shall not be considered for classification unless its unauthorized
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Real Property | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of this order, and it pertains to one or more of the following: (a) military plans, weapons systems, or operations; (b) foreign government information; (c) intelligence activities (including covert action), intelligence sources or methods, or cryptology; (d) foreign relations or foreign activities of the United States, including confidential sources; [Page 126] BASIC LAWS and AUTHORITIES | 117 (e) scientific, technological, or economic matters relating to the national security; (f) United States Government programs for safeguarding nuclear materials or facilities; (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or (h) the development, production, or use of weapons of mass destruction. Sec. 1.5. Duration of Classification. (a) At the time of
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Formation | Sample Type: practical_application Difficulty: intermediate | Document Type: educational original classification, the original classification authority shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information. Upon reaching the date or event, the information shall be automatically declassified. Except for information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the date or event shall not exceed the time frame established in paragraph (b) of this section. (b) If the original classification authority cannot determine an earlier specific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it be marked for declassification for up to 25 years from the date of the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational original decision. (c) An original classification authority may extend the duration of classification up to 25 years from the date of origin of the document, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed. (d) No information may remain classified indefinitely. Information marked for an indefinite duration of classification under predecessor orders, for example, marked as “Originating Agency’s Determination Required,” or classified information that contains incomplete declassification instructions or lacks declassification instructions shall be declassified in accordance with part 3 of this order. Sec. 1.6. Identification and Markings. (a) At the time of original classification, the following shall be indicated in a manner that is immediately apparent: (1) one of the three classification levels defined in sec - tion 1.2 of this order;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: advanced | Document Type: educational (2) the identity, by name and position, or by personal identifier, of the original classification authority; (3) the agency and office of origin, if not otherwise ev - ident; (4) declassification instructions, which shall indicate one of the following: (A) the date or event for declassification, as prescribed in section 1.5(a); (B) the date that is 10 years from the date of original classification, as prescribed in section 1.5(b); (C) the date that is up to 25 years from the date of original classification, as prescribed in section 1.5(b); or (D) in the case of information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design concepts of weapons of mass destruction, the marking prescribed in implementing directives issued pursuant to this order; and (5) a concise reason for classification that, at a mini - mum, cites the applicable classification categories in sec - tion 1.4 of this order.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Constitutional Law - Separation of Powers | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational (b) Specific information required in paragraph (a) of this section may be excluded if it would reveal additional classified information. (c) With respect to each classified document, the agency originating the document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are unclassified. In accordance with standards prescribed in directives issued under this order, the Director of the Information Security Oversight Office may grant and revoke temporary waivers of this requirement. The Director shall revoke any waiver upon a finding of abuse. [Page 127] 118 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 119 (d) Markings or other indicia implementing the provisions of this order, including abbreviations and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order. (e) Foreign government information shall retain its
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information. Foreign government information retaining its original classification markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings. (f) Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appropriate classification authority for the application of omitted markings. (g) The classification authority shall, whenever
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Tort Law - Product Liability | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form. (h) Prior to public release, all declassified records shall be appropriately marked to reflect their declassification. Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or adminis - trative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of the national security.(b) Basic scientific research information not clearly related to the national security shall not be classified.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis Difficulty: advanced | Document Type: educational (c) Information may not be reclassified after declassification and release to the public under proper authority unless: (1) the reclassification is personally approved in writing by the agency head based on a document-by-document determination by the agency that reclassification is re - quired to prevent significant and demonstrable damage to the national security; (2) the information may be reasonably recovered with - out bringing undue attention to the information; (3) the reclassification action is reported promptly to the Assistant to the President for National Security Affairs (National Security Advisor) and the Director of the Infor - mation Security Oversight Office; and (4) for documents in the physical and legal custody of the National Archives and Records Administration (Na - tional Archives) that have been available for public use, the agency head has, after making the determinations required by this paragraph, notified the Archivist of the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: client_interaction Difficulty: intermediate | Document Type: educational United States (Archivist), who shall suspend public ac - cess pending approval of the reclassification action by the Director of the Information Security Oversight Office. Any such decision by the Director may be appealed by the agency head to the President through the National Security Advisor. Public access shall remain suspended pending a prompt decision on the appeal. (d) Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C. 2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by- document basis with the personal participation or under the direction of the agency head, the deputy agency head,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Company Law - Shareholder Rights | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational or the senior agency official designated under section 5.4 of this order. The requirements in this paragraph also apply to those situations in which information has been declassified in accordance with a specific date or event determined by an original classification authority in accordance with section 1.5 of this order. [Page 128] BASIC LAWS and AUTHORITIES | 119 (e) Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional association or relationship that: (1) meets the standards for classification under this order; and (2) is not otherwise revealed in the individual items of information. Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Employment Law - Employment Contracts | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational (b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information, including authorized holders outside the classifying agency, are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that: (1) individuals are not subject to retribution for bring - ing such actions; (2) an opportunity is provided for review by an impar - tial official or panel; and (3) individuals are advised of their right to appeal agen - cy decisions to the Interagency Security Classification Ap - peals Panel (Panel) established by section 5.3 of this order. (c) Documents required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement are not covered by this section. Sec. 1.9. Fundamental Classification Guidance Review.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Formation | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational (a) Agency heads shall complete on a periodic basis a comprehensive review of the agency’s classification guidance, particularly classification guides, to ensure the guidance reflects current circumstances and to identify classified information that no longer requires protection and can be declassified. The initial fundamental classification guidance review shall be completed within 2 years of the effective date of this order. (b) The classification guidance review shall include an evaluation of classified information to determine if it meets the standards for classification under section 1.4 of this order, taking into account an up-to-date assessment of likely damage as described under section 1.2 of this order. (c) The classification guidance review shall include original classification authorities and agency subject matter experts to ensure a broad range of perspectives. (d) Agency heads shall provide a report summarizing the results of the classification guidance review to the Director
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Breach of Contract | Sample Type: case_study Difficulty: intermediate | Document Type: educational of the Information Security Oversight Office and shall release an unclassified version of this report to the public. PART 2—DERIVATIVE CLASSIFICATION Sec. 2.1. Use of Derivative Classification. (a) Persons who reproduce, extract, or summarize classified information, or who apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) be identified by name and position, or by personal identifier, in a manner that is immediately apparent for each derivative classification action; (2) observe and respect original classification decisions; and (3) carry forward to any newly created documents the pertinent classification markings. For information deriv - atively classified based on multiple sources, the derivative classifier shall carry forward: (A) the date or event for declassification that corre -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: procedural_guide Difficulty: advanced | Document Type: educational sponds to the longest period of classification among the sources, or the marking established pursuant to section 1.6(a)(4)(D) of this order; and (B) a listing of the source materials. (c) Derivative classifiers shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document or prepare a product to allow for dissemination at the lowest level of classification possible or in unclassified form. [Page 129] 120 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 121 (d) Persons who apply derivative classification markings shall receive training in the proper application of the derivative classification principles of the order, with an emphasis on avoiding over-classification, at least once every 2 years. Derivative classifiers who do not receive such training at least once every 2 years shall have their authority to apply derivative classification markings
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: conversational Difficulty: intermediate | Document Type: educational suspended until they have received such training. A waiver may be granted by the agency head, the deputy agency head, or the senior agency official if an individual is unable to receive such training due to unavoidable circumstances. Whenever a waiver is granted, the individual shall receive such training as soon as practicable. Sec. 2.2. Classification Guides. (a) Agencies with original classification authority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. These guides shall conform to standards contained in directives issued under this order. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or is the senior agency official; and (2) is authorized to classify information originally at the highest level of classification prescribed in the guide. (c) Agencies shall establish procedures to ensure that
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: procedural_guide Difficulty: advanced | Document Type: educational classification guides are reviewed and updated as provided in directives issued under this order. (d) Agencies shall incorporate original classification decisions into classification guides on a timely basis and in accordance with directives issued under this order. (e) Agencies may incorporate exemptions from automatic declassification approved pursuant to section 3.3(j) of this order into classification guides, provided that the Panel is notified of the intent to take such action for specific information in advance of approval and the information remains in active use. (f) The duration of classification of a document classified by a derivative classifier using a classification guide shall not exceed 25 years from the date of the origin of the document, except for:(1) information that should clearly and demonstrably be expected to reveal the identity of a confidential human source or a human intelligence source or key design con - cepts of weapons of mass destruction; and
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational (2) specific information incorporated into classification guides in accordance with section 2.2(e) of this order. PART 3—DECLASSIFICATION AND DOWNGRADING Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order. (b) Information shall be declassified or downgraded by: (1) the official who authorized the original classifica - tion, if that official is still serving in the same position and has original classification authority; (2) the originator’s current successor in function, if that individual has original classification authority; (3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or (4) officials delegated declassification authority in writ - ing by the agency head or the senior agency official of the originating agency. (c) The Director of National Intelligence (or, if delegated
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Real Property | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational by the Director of National Intelligence, the Principal Deputy Director of National Intelligence) may, with respect to the Intelligence Community, after consultation with the head of the originating Intelligence Community element or department, declassify, downgrade, or direct the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities. (d) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, [Page 130] BASIC LAWS and AUTHORITIES | 121 whether the public interest in disclosure outweighs the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Contract Law - Remedies | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational damage to the national security that might reasonably be expected from disclosure. This provision does not: (1) amplify or modify the substantive criteria or proce - dures for classification; or (2) create any substantive or procedural rights subject to judicial review. (e) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the National Security Advisor. The information shall remain classified pending a prompt decision on the appeal. (f) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders. (g) No information may be excluded from declassification under section 3.3 of this order based solely on the type
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: contract law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational of document or record in which it is found. Rather, the classified information must be considered on the basis of its content. (h) Classified nonrecord materials, including artifacts, shall be declassified as soon as they no longer meet the standards for classification under this order. (i) When making decisions under sections 3.3, 3.4, and 3.5 of this order, agencies shall consider the final decisions of the Panel. Sec. 3.2. Transferred Records. (a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order. (b) In the case of classified records that are not officially transferred as described in paragraph (a) of this section, but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such records shall be deemed to be
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