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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational ed States national security policies, actions, and deci - sions; (B) will provide a significantly different perspective in general from records and materials publicly avail - able in other historical sources; and (C) would need to be addressed through ad hoc re - cord searches outside any systematic declassification program established under Executive order. (8) Records of archival value.—The term ‘records of ar - chival value’ means records that have been determined by the Archivist of the United States to have sufficient histor - ical or other value to warrant their continued preservation by the Federal Government. SEC. 710. EFFECTIVE DATE; SUNSET. (a) Effective Date.—This title shall take effect on the date that is 120 days after the date of the enactment of this Act [Dec. 27, 2000]. (b) Sunset.—The provisions of this title shall expire on December 31, 2018. [Page 89] 80 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 81 SUMMARY OF NON-NARA STATUTES
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational ACCESS TO CLASSIFIED INFORMATION: 50 U.S.C. § 3161. Public Law Number : Pub. L. 103-359, Oct. 14, 1994 Synopsis : This Act delegates authority to the President to establish procedures to govern access to classified information. *** see Appendix, Executive Order #13526, *** ADMINISTRATIVE DISPUTE RESOLUTION ACT: 5 U.S.C. §§ 571 TO 583 Public Law Number : Pub. L. 101-522, Nov. 15, 1990 Synopsis : The purpose of this Act is to permit Federal agencies to resolve administrative problems within the agency through the use of administrative dispute resolution proceedings. ADMINISTRATIVE PROCEDURE ACT: 5 U.S.C. §§ 551 TO 559, 701 TO 706, 1305, 3105, 3344, 4301, 5335, 5372, 7521 Public Law Number : (Act of June 11, 1946, ch. 324, 60 Stat. 237) Pub. L. 94-409 § 4(b) , Sept. 13, 1976; Pub. L. 103-272 § 5(a), July 5, 1994 Synopsis : The purpose of this Act is to create a comprehensive statute governing the procedures agencies must follow when performing their functions.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: hypothetical Difficulty: basic | Document Type: educational AMERICANS WITH DISABILITIES ACT OF 1990: 42 U.S.C § 12101 ET SEQ. Public Law Number : Pub. L. 101-336, July 26, 1990 Synopsis : The purposes of this Act are to establish a national mandate for the elimination of discrimination against persons with disabilities and to provide clear standards that address discrimination against persons with disabilities. The Department of Justice encourages the government to comply with the ADA. [Page 90] BASIC LAWS and AUTHORITIES | 81 ANTI-DEFICIENCY ACT : 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519 Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 101-508, Nov. 5, 1990 Synopsis : An officer or employee of the U.S. Government may not expend funds in excess of the amount available in the appropriations fund or before an appropriation is made available. ANTI-NEPOTISM ACT: 5 U.S.C. § 3110 Public Law Number : Pub. L. 90-206, Dec. 16, 1967; Pub. L. 95-454, Title IX § 906(a)(2), Oct. 13, 1978
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Discrimination | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational Synopsis : A public official is prohibited from employing, appointing, promoting, advancing or advocating for appointment, employment promotion or advancement any relative for a civilian position in the agency in which the public official is serving. AUGMENTATION PROHIBITION: 31 U.S.C. §§ 1301 (A), 3302(B) Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-369, July 18, 1984; Pub. L. 103-272, July 5, 1994; Pub. L. 103-429, Oct. 31, 1994, 105-277, Oct. 21, 1998; 106-31, Title V § 5005(l), May 21, 1999 Synopsis : This Act limits the use of appropriations only to those objects for which the appropriation was made. In addition, an agent of the Government, who receives money for the Government, shall deposit that money in the Treasury without deduction for any charge or claim. DEBT COLLECTION ACT OF 1982: 31 U.S.C. §§ 3302, 3701, 3711, 3716 TO 3719 Public Law Number : Pub. L. 97-365, October 25, 1982
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational Synopsis : The Debt Collection Act expands the authority of agencies to recover general debts owed to the United States. DEBT COLLECTION IMPROVEMENT ACT OF 1996: 31 U.S.C. §§ 3720B TO 3720D Public Law Number : Pub. L. 104-134, Title III, ch. 10, § 31001, April 26, 1996; 104-134, Title III, ch. 10 § 31001, April 26, 1996 Synopsis : This act amends the Debt Collection Act of 1982. [Page 91] 82 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 83 DEPOSITORY LIBRARY PROGRAM: 44 U.S.C. §§ 1901 TO 1916 Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub.L. 95-261, Apr. 17, 1978 Synopsis : Chapter 19 defines AGovernment Publication and describes how these documents will be made available to the public through depository libraries. The statute explains how depository libraries are selected and the requirements to which they must adhere. ECONOMY IN GOVERNMENT ACT: 31 U.S.C. § 1535 Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 98-216, Feb. 14, 1984
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational Synopsis : This Act allows a government agency to place orders for goods or services with another Government agency provided the order cannot be filled as cheaply or conveniently by a commercial contractor. ELECTRONIC FREEDOM OF INFORMATION ACT AMENDMENTS OF 1996: 5 U.S.C. § 552 NOTE Public Law Number : Pub. L. 104-231, Oct. 2, 1996 Synopsis : EFOIA amends the Freedom of Information Act (5 U.S.C. §552), to provide for public access to information in an electronic format. EMERGENCY PREPAREDNESS: 42 U.S.C. § 5195 Public Law Number : Pub. L. 93-288; Pub. L. 103-337, Oct. 5, 1994 Synopsis : This Act creates a system of emergency preparedness for all hazards which present a threat to life and property, as a joint effort with the states. EQUAL ACCESS TO JUSTICE ACT: 5 U.S.C. § 504 Public Law Number : Pub. L. 96-481, Oct. 21, 1980; Pub. L. 99-80, Aug. 5, 1985; Pub. L. 99-509, Oct. 21 1986; Pub. L. 99-514, Oct. 22, 1986; Pub. L. 100-647, Nov. 10, 1988; Pub. L. 103-141, Nov. 16,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational 1993; Pub. L. 104-121, Title II § 231, March 29, 1996, Pub. L. 111-350, Jan. 4, 2011. Synopsis : This Act permits a party, who prevails in an administrative proceeding against the United States, to request and receive fees and other expenses incurred by that party in connection with the proceedings. The request must be fully justified and documented, and the adjudicative officer of the agency may reduce or deny the amount to be awarded if the prevailing party acted unreasonably in incurring such costs. [Page 92] BASIC LAWS and AUTHORITIES | 83 ETHICS IN GOVERNMENT ACT OF 1978: 5 U.S.C. APP. 4 §§ 101 TO 111, 5 U.S.C. APP. 4 §§401 TO 408, 5 U.S.C. APP. 4 §§ 501 TO 505, 28 U.S.C. §§ 591 TO 598, 5 U.S.C. § 49, 28 U.S.C. § 528, 529, 2 U.S.C. § 288, 288(A) TO (L), 2 U.S.C. §118(A), 2 U.S.C. § 288(M), 28 U.S.C. § 1365 Public Law Number : Pub. L. 95-521, Oct. 26, 1978 Synopsis : This Act creates the Federal system for regulating conflicts of interest. ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1982:
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational Public Law Number : Pub. L. 97-409, Jan. 3, 1983 Synopsis : This Act amends the 1978 Act. ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1985: Public Law Number : Pub. L. 99-190, Title I, §148, Dec. 19, 1985 Synopsis : This Act amends the 1982 Act. ETHICS IN GOVERNMENT ACT AMENDMENTS OF 1990: Public Law Number : Pub. L. 101-334, July 16, 1990 Synopsis : This Act amends the 1985 Act. ETHICS REFORM ACT OF 1989: 5 U.S.C. APP. 4 §§ 110 TO 111, 31 U.S.C. § 1353, 5 U.S.C. § 7353, 18 U.S.C. § 216, 2 U.S.C. § 72A-1G, 26 U.S.C. § 1043, 5 U.S.C. § 3393A, 10 U.S.C. § 1601, 5 U.S.C. APP. 4 §§ 501 TO 505, 2 U.S.C. §§ 362 TO 364, 2 U.S.C. § 29D Public Law Number : Pub. L. 101-194, Nov. 30, 1989 Synopsis : This Act addresses abuses uncovered during the Watergate period. EXECUTIVE AND JUDICIARY PRINTING AND BINDING: 44 U.S.C. §§ 1101 TO 1123 Public Law Number : Pub. L. 90-620, Oct. 22, 1968; Pub. L. 97-164, Apr. 2, 1982; Pub. L. 94-273, Apr. 21, 1976; Pub. L. 98-216, Feb. 14, 1984; Pub. L. 106-113, Nov. 29, 1998
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: conversational Difficulty: basic | Document Type: educational Synopsis : Chapter 11 describes the procedures and policies with which the Executive and Judiciary branches must comply when printing public documents. This chapter specifically addresses the printing of periodicals and annual reports. [Page 93] 84 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 85 FEDERAL ACTIVITIES INVENTORY REFORM ACT: 31 U.S.C. § 501 NOTE. Public Law Number : Pub. L. 105-270, Oct. 19, 1998 Synopsis : The FAIR Act provides a process for identifying the functions of the Federal Government that are not inherently Governmental functions. The Act also provides for the publication of lists of these functions in the Federal Register. FEDERAL ADVISORY COMMITTEE ACT: 5 U.S.C. APP. 2 (1999) Public Law Number : Pub. L. 92-463, October 6, 1972, 86 Stat. 770, as amended by Pub. L. 94-409, §5(c), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 96-523, §2, Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-375,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Nuisance | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational title II, §201(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 105-153, §1, Dec. 17, 1997, 111 Stat. 2688. Synopsis : The FACA regulates the formation and operation of advisory committees by Federal agencies in the Executive Branch. FEDERAL TORT CLAIMS ACT: 28 U.S.C. §§ 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671 TO 2680 Public Law Number : (FTCA) (Aug. 2, 1946, ch. 753, Title IV, 60 Stat. 842) Synopsis : This Act waives the sovereign immunity of the U.S. Government for specified torts, which allows claimants to bring suit for such torts. GOVERNMENT IN THE SUNSHINE ACT: 5 U.S.C. § 552B Public Law Number : Pub. L. 94-409, Sept. 13, 1976; Pub. L. 104-66, Dec. 21, 1995 Synopsis : This Act provides that every meeting held by an agency will be open to public observation. Certain meetings are exempt from this requirement, such as those which would disclose information that must remain secret as established by an Executive Order or statute,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: conversational Difficulty: basic | Document Type: educational meetings involving information that relates solely to internal practices of the agency or meetings which would disclose information that would violate personal privacy. [Page 94] BASIC LAWS and AUTHORITIES | 85 GOVERNMENT PAPERWORK ELIMINATION ACT: 44 U.S.C. § 3504 NOTE. Public Law Number : Pub. L. No. 105-277, Div. C, Title XVII, §§ 1701 to 1710, Oct. 21, 1998 Synopsis : The GPEA directs the Office of Management and Budget (OMB) to develop procedures for the use and acceptance of electronic signatures by Executive agencies. The Act also directs the OMB to develop procedures to permit private employers to store and file electronically with Executive agencies forms containing information pertaining to the employees of such employers. GOVERNMENT PERFORMANCE AND RESULTS ACT: 31 U.S.C. § 1101 NOTE, 31 U.S.C. § 1115 NOTE Public Law Number : Pub. L. No. 103-62, Aug. 3, 1993 Synopsis : The GPRA provides for the establishment of strategic planning and performance
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis Difficulty: basic | Document Type: educational measurement in the Federal Government. The Act requires Executive agency heads to submit to the Director of the Office of Management and Budget (OMB) and the Congress a strategic plan for performance goals of their agency’s program activities. HOBBY PROTECTION ACT: 15 U.S.C. §§ 2101 - 2106 Public Law Number : Pub. L. 93-167, Nov. 29, 1973 Synopsis : This Act prohibits the introduction into commerce of any imitation political or numismatic items that are not marked with the date of manufacture. The purpose of this Act is to protect the value of original political and numismatic items. The Federal Trade Commission, the agency responsible for enforcing this Act, has promulgated regulations which detail the marking requirements for these items. INFORMATION TECHNOLOGY MANAGEMENT REFORM ACT: 40 U.S.C. §§ 11101-11103, 11301 -11303, 11311-11318, 11331-11332, 11501-11502, 11521-11522, 11701-11704 Public Law Number : Pub. L. 104-106, Div. E, Feb. 10, 1996
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: hypothetical Difficulty: intermediate | Document Type: educational Synopsis : The ITMRA, now known as the Clinger-Cohen Act, requires the heads of Federal agencies to link information technology investments to agency accomplishments. The Clinger-Cohen Act also requires that agency heads establish a process to select, manage, and control their information technology investments. [Page 95] 86 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 87 PAPERWORK REDUCTION ACT: 44 U.S.C. §§ 3501 TO 3520 Public Law Number : Pub. L. 104-13, May 22, 1995 Synopsis : There are several purposes of this Act. They are to minimize paperwork for individuals, businesses, and the Government; minimize the cost to the Government of collecting, maintaining, and disseminating information; maximizing the usefulness of information collected by the Government; create Federal law on the collection and dissemination of information uniform; reduce fraud and waste, and to assure the privacy and confidentiality are preserved; including the requirements of the Privacy Act.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational PAY RATES AND SYSTEMS: 5 U.S.C. § 5314 Public Law Number : Pub. L. 104-293, Oct. 11, 1996; Pub. L. 108-447, Dec. 8, 2004 Synopsis : This Act lists personnel, including the Archivist, to whom Level III of the Executive Schedule applies. PUBLIC PRINTING AND DOCUMENTS: 44 U.S.C. CHAPTER 19 Public Law Number : Pub. L. 96-620, Oct. 20, 1968; Pub. L. 92-368, Aug. 10, 1972; Pub. L. 95-261, April 17, 1978 Synopsis : This Act governs Government documents and their availability through depository library programs. REGULATORY NEGOTIATION ACT: 5 U.S.C. § 561 ET SEQ. Public Law Number : Pub. L. 101-648, Nov. 29, 1990; Pub. L. 102-354, Aug. 26, 1992; Pub. L. 104-320, Oct. 19, 1996 Synopsis : This Act establishes a framework for negotiated rulemaking. Agencies may establish negotiated rulemaking committees to develop rules according to specific requirements set out in §565-568 of this Act. [Page 96] BASIC LAWS and AUTHORITIES | 87 REHABILITATION ACT: 29 U.S.C. § 701 ET SEQ.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Discrimination | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational Public Law Number : Pub. L. 93-112, Sept. 26, 1973; Pub. L. 95-602, Nov. 6, 1978; Pub. L. 99-506, Oct. 21, 1986; Pub. L. 102-569, Oct. 29, 1992 Synopsis : The purpose of the Act is to promote the Federal Government’s involvement in employing individuals with disabilities. USE OF GOVERNMENT VEHICLES: 31 U.S.C. § 1344 Public Law Number : Pub. L. 97-258, Sept. 13, 1982; Pub. L. 99-550, Oct. 27, 1986; Pub. L. 100-180, Dec. 4, 1987; Pub. L. 100-202, Dec. 22, 1987; Pub. L. 101-510, Nov. 5, 1990; Pub. L. 103-272, July 5, 1994; Pub. L. 104-91, Jan. 6, 1996; Pub. L. 104-99, Jan. 26, 1996; Pub. L. 108-7, Feb. 20, 2003 Synopsis : This Act limits the use of Government vehicles to official purposes. Use of Government vehicles for transportation from a residence to place of employment is not considered an official purpose, subject to certain exceptions (e.g., field work, when it is essential for the safe and efficient performance of intelligence and other related duties or for the transportation of
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: legal_dialogue Difficulty: basic | Document Type: educational specific Government officials). WHISTLEBLOWER PROTECTION ACT OF 1989: 5 U.S.C. §§ 1211 TO 1219, 1221, 1222, 3352 Public Law Number : Pub. L. 101-12, April 10, 1989; Pub. L. 103-424, Oct. 29, 1994 Synopsis : This Act protects employees who disclose evidence of gross mismanagement or a violation of any rule, law or regulation. WHISTLEBLOWER PROTECTION LAWS: 18 U.S.C. § 1031, 10 U.S.C. § 2409, 29 U.S.C. § 1855, 49 U.S.C. § 31105, 42 U.S.C. §§ 9610, 5851, 6971, 7622, 300J-9, 46 U.S.C. APP. § 1506, 30 U.S.C. §§ 1293, 815, 15 U.S.C. §§ 2622, 2651, 33 U.S.C. § 1367 Public Law Number : Pub. L. 100-700, § 2(a), Nov. 19, 1988; Pub. L. 101-123, § 2(a), Oct. 23, 1989; Pub. L. 103-322, Title XXXIII, § 330002(a), (f), September 13, 1994 Synopsis : These laws pertain to the specific agencies and/or private industries as relevant to the Whistleblower Protection Act. [Page 97] 88 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 89 1952 EXCHANGE OF CORRESPONDENCE BETWEEN
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational THE DIRECTOR OF THE BUREAU OF CENSUS AND THE ARCHIVIST OF THE UNITED STATES [referenced in 44 U.S.C. 2108 (b)] DEPARTMENT OF COMMERCE, BUREAU OF CENSUS, Washington, D.C. August 26, 1952. Dr. WAYNE C. GROVER, Archivist of the United States, Washington, D.C. DEAR DR. GROVER: It is the policy of the Bureau of the Census to provide the maximum physical protection for the records which document its major programs, and make available to as many people as possible the informa - tion contained in such records consistent with national security and the rights of individuals concerned. With these ends in mind, we wish to make the following pro - posals concerning the custody, maintenance and use of the records of individuals enumerated in decennial pop - ulation censuses: The Bureau of the Census will transfer to the National Archives and Records Service (1) the original schedules of each decennial population census when they are no longer required by the Bureau of the Census for active statistical
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational use and when the National Archives and Records Service can provide space and service for them; (2) the negative microfilm of such schedules when the Bureau of the Cen - sus has obtained a positive copy of the microfilm; and (3) the positive microfilm of these schedules when they are no longer required by the Bureau of the Census in its personal census service activities. The Bureau of the Census desires that the National Archives and Records Service observe the following pro - visions pertaining to the use and maintenance of these records subsequent to their transfer: A. All negative microfilm copies of decennial pop - ulation census schedules transferred to the National Archives and Records Service shall be preserved as the permanent records of such censuses. These negative copies will not be used as searching media or inserted in reading devices except when necessary for inspection incident to the proper maintenance of such records. B. The National Archives and Records Service will,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational upon request by the Bureau of the Census, furnish pos - itive prints of any negative microfilm which has been transferred to the former agency. The charge for this service will be the cost of the positive film and its de - velopment, plus a service charge of not more than ten percent. C. At no time after the National Archives and Re - cords Service has accepted custody of both the negative and positive microfilm copies of the schedules of a cen - sus will both negative and positive copies of that census be kept in the same city. D. After the lapse of seventy-two years from the enu - meration date of a decennial census, the National Ar - chives and Records Service may disclose information contained in these records for use in legitimate histori - cal, genealogical or other worth-while research, provid - ed adequate precautions are taken to make sure that the information disclosed is not to be used to the detriment of any of the persons whose records are involved. Prior
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: hypothetical Difficulty: basic | Document Type: educational to the lapse of time specified above, the information will be disclosed only by the Bureau of the Census from microphotographic or other records in its possession. Please let us know if these provisions are acceptable to you. If they are, we shall make the necessary arrange - ments to effect the movement of records now eligible for transfer. Sincerely yours, Roy V. Peel, Director. *** [Page 98] BASIC LAWS and AUTHORITIES | 89 October 10, 1952 Dr. Roy V. Peel Director, Bureau of the Census, Department of Commerce, Washington, D.C. DEAR DR. PEEL: This is in reply to our offer to trans - fer periodically to the National Archives and Records Ser - vice the original schedules of each decennial population census when these are no longer needed for active statisti - cal use, the negative microfilm of those population census schedules for which the Bureau of the Census possesses adequate positive microfilm copies, and the positive mi - crofilm copies of those population census schedules which
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational the Bureau of the Census no longer desires to retain for reference use. In view of the established policy of the National Ar - chives and Records Service to relieve agencies of records accumulations no longer needed for current use, and to preserve those records deemed to be of permanent value, I am, in principle, in agreement with the transfer policy stated in your letter of August 26, 1952. I am also in agreement with the conditions you state with respect to the use and maintenance of these records (1) that the master set of negative microfilm to be trans - ferred shall be preserved as the permanent records of the decennial population census schedules, and that the mas - ter negatives and the positive microfilm copies shall not be kept in the same city; (2) that the National Archives and Records Service will furnish the Bureau of the Census with positive prints of the negative microfilm whenever
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: pure_conceptual Difficulty: advanced | Document Type: educational requested, and that the charge for such service shall not exceed the cost of the positive film and its development plus an overhead of not more than ten percent, provided, however, that the production of the initial set of positive microfilm copies of a decennial population census shall be the responsibility of the Bureau of the Census; and (3) that after “seventy-two years from the enumeration date of a decennial census, the National Archives and Records Service may disclose information contained in these re - cords for use in legitimate historical, genealogical or other worth-while research.” With respect to the foregoing restrictions on disclo - sure of information it is understood that the applicable conditions of legitimacy will be those now in force, (1) a searcher’s reputation as in fact a research worker or professional genealogist; (2) a searcher’s connection with an established institution of learning or research; (3) a searcher’s connection with the person or family whose
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational records are desired, either by immediate relationship or by authorization; and (4) the lapse of time since the appearance of possibly detrimental information, con - sidered in conjunction with the legitimacy of public or scholarly interest in the factual data relating to a histor - ical personage. In accordance with these mutually acceptable provi - sions, at your convenience we are prepared to make the necessary arrangements to effect the movement of records now eligible for transfer. Sincerely yours, Wayne C. Grover, Archivist of the United States. [Page 99] 90 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 91 EXECUTIVE ORDER 11440— PROVIDING FOR THE SUPPLEMENTAL USE OF EXHIBITS AND DISPLAYS CREATED IN FURTHERANCE OF AUTHORIZED PROGRAMS OF EXECUTIVE DEPARTMENTS AND AGENCIES Source: The provisions of Executive Order 11440 of Dec. 11, 1968, appear at 33 FR 18475, 3 CFR, 1966-1970 Comp., p. 756, unless otherwise noted. WHEREAS the executive departments and agencies of the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational Government, in discharging their various responsibilities, create a large volume of materials (including books, correspondence, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other objects of historical or commemorative value) which from time to time are incorporated into or reproduced for use in exhibits or other types of visual displays needed for use in carrying out their programs; and WHEREAS under Chapter 21 of Title 44, United States Code, the Archivist of the United States is authorized to accept for deposit in the National Archives of the United States the records of any Federal agency or of the Congress of the United States that are determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government, as well as the papers and other historical materials of any official or former official of the Government, and to make
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: case_analysis Difficulty: advanced | Document Type: educational provisions for the exhibition of materials transferred to him; and WHEREAS many of the exhibits and displays so prepared, produced, or otherwise created by the executive departments and agencies possess historical significance which warrants their preservation and exhibition as part of the archival and cultural heritage of the United States: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:Section 1. The heads of all executive departments and agencies are directed— (a) when initiating plans for the preparation, production, or other creation of exhibits and displays in furtherance of their program missions, to confer with the Archivist of the United States, or his designee, for the purpose of assuring that any such exhibits or displays which the Archivist finds appropriate for supplemental exhibition as part of the archival and cultural heritage of the United States are prepared, produced, or otherwise created in a
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational manner which assures, to the maximum possible extent, their appropriateness, after they have served their primary program purpose, for such supplemental exhibition, and (b) to transfer to the Archivist, without reimbursement, such exhibits or displays as he determines are appropriate for such supplemental exhibition after they have served their primary program purpose, subject to such conditions requiting return to the department or agency of all or any of the materials incorporated in the exhibits or displays as may be mutually agreeable. [Preamble and sec. 1 amended by Executive Order 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] Sec. 2. The Archivist of the United States is directed to— (a) provide advice, counsel, and assistance to the heads of executive departments and agencies in the preparation, production, or other creation of exhibits and displays which he finds will have future value for exhibition as part of the archival and cultural heritage of the United States; and
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational [Page 100] BASIC LAWS and AUTHORITIES | 91 (b) accept any such exhibit or display when it has served its primary program purpose and (1) arrange for its supplemental exhibition as appropriate, (2) preserve any such exhibit or display which possesses sufficient historical or other value to warrant continued preservation, or (3) dispose of any such exhibit or display when, in his judgment, the reasons for its continued preservation or exhibition cease to exist, all subject to the conditions agreed upon incident to transfer to the Archivist of the United States of the exhibit or display. [Sec. 2 amended by Executive Order 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245] [Page 101] 92 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 93 EXECUTIVE ORDER 12600— PREDISCLOSURE NOTIFICATION PROCEDURES FOR CONFIDENTIAL COMMERCIAL INFORMATION Source: The provisions of Executive Order 12600 of June 23, 1987, appear at 52 FR 23781, 3 CFR, 1987 Comp., p. 235, unless otherwise noted.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Constitutional Law - Separation of Powers | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to provide predisclosure notification procedures under the Freedom of Information Act concerning confidential commercial information, and to make existing agency notification provisions more uniform, it is hereby ordered as follows: Section 1. The head of each Executive department and agency subject to the Freedom of Information Act shall, to the extent permitted by law, establish procedures to notify submitters of records containing confidential commercial information as described in section 3 of this Order, when those records are requested under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, if after reviewing the request, the responsive records, and any appeal by the requester, the department or agency determines that it may be required to disclose the records. Such notice requires that an agency use good faith efforts to advise submitters of confidential
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Negligence | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational commercial information of the procedures established under this Order. Further, where notification of a voluminous number of submitters is required, such notification may be accomplished by posting or publishing the notice in a place reasonably calculated to accomplish notification. Sec. 2 . For purposes of this Order, the following definitions apply: (a) “Confidential commercial information” means records provided to the government by a submitter that arguably contain material exempt from release under Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause substantial competitive harm.(b) “Submitter” means any person or entity who provides confidential commercial information to the government. The term “submitter” includes, but is not limited to, corporations, state governments, and foreign governments. Sec. 3. (a) For confidential commercial information submitted prior to January 1, 1988, the head of each
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: practical_application Difficulty: advanced | Document Type: educational Executive department or agency shall, to the extent permitted by law, provide a submitter with notice pursuant to section 1 whenever: (i) the records are less than 10 years old and the infor - mation has been designated by the submitter as confiden - tial commercial information; or (ii) the department or agency has reason to believe that disclosure of the information could reasonably be expect - ed to cause substantial competitive harm. (b) For confidential commercial information submitted on or after January 1, 1988, the head of each Executive department or agency shall, to the extent permitted by law, establish procedures to permit submitters of confidential commercial information to designate, at the time the information is submitted to the Federal government or a reasonable time thereafter, any information the disclosure of which the submitter claims could reasonably be expected to cause substantial competitive harm. Such agency procedures may provide for the expiration, after
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational a specified period of time or changes in circumstances, of designations of competitive harm made by submitters. Additionally, such procedures may permit the agency to designate specific classes of information that will be treated by the agency as if the information had been so designated by the submitter. The head of each Executive department or agency shall, to the extent permitted by law, provide the submitter notice in accordance with section 1 of this [Page 102] BASIC LAWS and AUTHORITIES | 93 Order whenever the department or agency determines that it may be required to disclose records: (i) designated pursuant to this subsection; or (ii) the disclosure of which the department or agen - cy has reason to believe could reasonably be expected to cause substantial competitive harm, Sec. 4 . When notification is made pursuant to section 1, each agency’s procedures shall, to the extent permitted by law, afford the submitter a reasonable period of time
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Formation | Sample Type: ethical_reasoning Difficulty: basic | Document Type: educational in which the submitter or its designee may object to the disclosure of any specified portion of the information and to state all grounds upon which disclosure is opposed. Sec. 5. Each agency shall give careful consideration to all such specified grounds for nondisclosure prior to making an administrative determination of the issue. In all instances when the agency determines to disclose the requested records, its procedures shall provide that the agency give the submitter a written statement briefly explaining why the submitter’s objections are not sustained. Such statement shall, to the extent permitted by law, be provided a reasonable number of days prior to a specified disclosure date. Sec. 6. Whenever a FOIA requester brings suit seeking to compel disclosure of confidential commercial information, each agency’s procedures shall require that the submitter be promptly notified. Sec. 7. The designation and notification procedures required by this Order shall be established by regulations,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Negligence | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational after notice and public comment. If similar procedures or regulations already exist, they should be reviewed for conformity and revised where necessary. Existing procedures or regulations need not be modified if they are in compliance with this Order. Sec. 8. The notice requirements of this Order need not be followed if: (a) The agency determines that the information should not be disclosed; (b) The information has been published or has been officially made available to the public; (c) Disclosure of the information is required by law (other than 5 U.S.C. 552); (d) The disclosure is required by an agency rule that (1) was adopted pursuant to notice and public comment, (2) specifies narrow classes of records submitted to the agency that are to be released under the Freedom of Information Act, and (3) provides in exceptional circumstances for notice when the submitter provides written justification, at the time the information is submitted or a reasonable
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Product Liability | Sample Type: legal_dialogue Difficulty: advanced | Document Type: educational time thereafter, that disclosure of the information could reasonably be expected to cause substantial competitive harm; (e) The information requested is not designated by the submitter as exempt from disclosure in accordance with agency regulations promulgated pursuant to section 7, when the submitter had an opportunity to do so at the time of submission of the information or a reasonable time thereafter, unless the agency has substantial reason to believe that disclosure of the information would result in competitive harm; or (f) The designation made by the submitter in accordance with agency regulations promulgated pursuant to section 7 appears obviously frivolous; except that, in such case, the agency must provide the submitter with written notice of any final administrative disclosure determination within a reasonable number of days prior to the specified disclosure date. Sec. 9. Whenever an agency notifies a submitter that it may be required to disclose information pursuant to section 1
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: practical_application Difficulty: foundational | Document Type: educational of this Order, the agency shall also notify the requester that notice and an opportunity to comment are being provided the submitter. Whenever an agency notifies a submitter of a final decision pursuant to section 5 of this Order, the agency shall also notify the requester. Sec. 10 . This Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. [Page 103] 94 | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | 95 EXECUTIVE ORDER 12829— NATIONAL INDUSTRIAL SECURITY PROGRAM Ex. Ord. No. 12829, Jan. 6, 1993, 58 F .R. 3479, as amended by Ex. Ord. No. 12885, Dec. 14, 1993, 58 F .R. 65863, provided: This order establishes a National Industrial Security Program to safeguard Federal Government classified information that is released to contractors, licensees, and
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Constitutional Law - Separation of Powers | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational grantees of the United States Government. To promote our national interests, the United States Government issues contracts, licenses, and grants to nongovernment organizations. When these arrangements require access to classified information, the national security requires that this information be safeguarded in a manner equivalent to its protection within the executive branch of Government. The national security also requires that our industrial security program promote the economic and technological interests of the United States. Redundant, overlapping, or unnecessary requirements impede those interests. Therefore, the National Industrial Security Program shall serve as a single, integrated, cohesive industrial security program to protect classified information and to preserve our Nation’s economic and technological interests. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Atomic Energy Act of 1954,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment 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: employment 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: employment law Topic: Contract Law - Remedies | Sample Type: legal_news_analysis Difficulty: advanced | 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 | 95 licensee, and grantee that has access to or stores classi - fied information and to require of each agency, contrac - tor, licensee, and grantee those reports, information, and other cooperation that may be necessary to fulfill the Di -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Occupiers Liability | Sample Type: simple_qa Difficulty: advanced | Document Type: educational rector’s responsibilities. If these reports, inspections, or access to specific classified information, or other forms of cooperation, would pose an exceptional national security risk, the affected agency head or the senior official desig - nated under section 203(a) of this order may request the National Security Council to deny access to the Director. The Director shall not have access pending a prompt de - cision by the National Security Council; (5) report any violations of this order or its implement - ing directives to the head of the agency or to the senior of - ficial designated under section 203(a) of this order so that corrective action, if appropriate, may be taken. Any such report pertaining to the implementation of the Nation - al Industrial Security Program by a contractor, licensee, or grantee shall be directed to the agency that is exercis - ing operational oversight over the contractor, licensee, or grantee under section 202 of this order;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: procedural_guide Difficulty: intermediate | Document Type: educational (6) consider and take action on complaints and sug - gestions from persons within or outside the Government with respect to the administration of the National Indus - trial Security Program; (7) consider, in consultation with the advisory com - mittee established by this order, affected agencies, con - tractors, licensees, and grantees, and recommend to the President through the National Security Council changes to this order; and (8) report at least annually to the President through the National Security Council on the implementation of the National Industrial Security Program. (c) Nothing in this order shall be construed to supersede the authority of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], or the authority of the Director of Central Intelligence under the National Security Act of 1947, as amended [50 U.S.C. 3001 et seq.], or Executive Order No. 12333 of December 8, 1981 [50 U.S.C. 3001 note].
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: client_interaction Difficulty: intermediate | Document Type: educational Sec. 103. National Industrial Security Program Policy Advisory Committee . (a) Establishment . There is established the National Industrial Security Program Policy Advisory Committee (“Committee”). The Director of the Information Security Oversight Office shall serve as Chairman of the Committee and appoint the members of the Committee. The members of the Committee shall be the representatives of those departments and agencies most affected by the National Industrial Security Program and nongovernment representatives of contractors, licensees, or grantees involved with classified contracts, licenses, or grants, as determined by the Chairman. (b) Functions . (1) The Committee members shall advise the Chairman of the Committee on all matters concerning the policies of the National Industrial Security Program, including recommended changes to those policies as reflected in this order, its implementing directives, or the operating manual established under this order, and serve
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: educational Difficulty: intermediate | Document Type: educational as a forum to discuss policy issues in dispute. (2) The Committee shall meet at the request of the Chairman, but at least twice during the calendar year. (c) Administration . (1) Members of the Committee shall serve without compensation for their work on the Committee. However, nongovernment members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). (2) To the extent permitted by law and subject to the availability of funds, the Administrator of General Ser - vices shall provide the Committee with administrative services, facilities, staff, and other support services neces - sary for the performance of its functions. (d) General . Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended [5 U.S.C. App.], except that of reporting to the Congress, which are applicable to the
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: general_reasoning Difficulty: basic | Document Type: educational Committee, shall be performed by the Administrator of General Services in accordance with the guidelines and procedures established by the General Services Administration. PART 2. OPERATIONS Sec. 201. National Industrial Security Program Operating Manual . (a) The Secretary of Defense, in consultation with all affected agencies and with the concurrence [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 and issue that portion of the Manual that pertains to
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: advanced | Document Type: educational 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. (d) In establishing particular requirements, restrictions,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational 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 protection of classified information by agencies. Upon
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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 classified information; and for determining the eligibility
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 Atomic Energy Act of 1954, as amended [42 U.S.C. 2011
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational 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. (b) Agency implementing regulations, internal rules,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational 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 the Administrator of General Services, the Administrator
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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 by this order shall be carried out pursuant to the terms of
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Constitutional Law - Separation of Powers | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 Constitution and the laws of the United States of America, it is hereby ordered:
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational 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. I. All unreviewed World War II and earlier records, including: A. RG 18, Army Air Forces 1,722,400 pp.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Tort Law - Occupiers Liability | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational 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. D. RG 166, Foreign Agricultural Service, Narrative Re - ports, 1955–61 1,272,500 pp.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational 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 108] 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: The national interest requires that certain information
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Constitutional Law - Rights | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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: PART 1—DEFINITIONS, ACCESS TO CLASSIFIED INFORMATION, FINANCIAL
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational 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. (d) “Classified information” means information that has
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational 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 employee requires access to a particular level of classified
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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, 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: practical_application Difficulty: intermediate | Document Type: educational 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. (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Shareholder Rights | Sample Type: legal_dialogue Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis Difficulty: advanced | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Company Law - Directors Duties | Sample Type: legal_dialogue Difficulty: basic | Document Type: educational 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: (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: client_interaction Difficulty: advanced | Document Type: educational 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 - 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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, 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: hypothetical Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: hypothetical Difficulty: intermediate | Document Type: educational 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. (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]
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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. (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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational 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 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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 - 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: statutory_interpretation Difficulty: basic | Document Type: educational 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 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning Difficulty: basic | Document Type: educational 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. (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Formation | Sample Type: case_analysis Difficulty: advanced | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: legal_news_analysis Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: simple_qa Difficulty: basic | Document Type: educational 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 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational (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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational 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. (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: legal_dialogue Difficulty: basic | Document Type: educational 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 - 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;
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: pure_conceptual Difficulty: intermediate | Document Type: educational 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. (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: statutory_interpretation Difficulty: intermediate | Document Type: educational 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] 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: procedural_guide Difficulty: intermediate | Document Type: educational (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. (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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: educational Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Wrongful Dismissal | Sample Type: procedural_guide Difficulty: basic | Document Type: educational (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 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]
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: educational Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Constitutional Law - Rights | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 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,
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Employment Law - Employment Contracts | Sample Type: client_interaction Difficulty: intermediate | Document Type: educational 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 - 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: practical_application Difficulty: intermediate | Document Type: educational 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 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
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: comparative_analysis Difficulty: intermediate | Document Type: educational 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 118] BASIC LAWS and AUTHORITIES | 109 been determined pursuant to Executive Order 12958 of April 17, 1995, as amended [formerly set out above], or a successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq .) to require protection against unauthorized disclosure. (d) “Continuous evaluation” means reviewing the background of an individual who has been determined to be eligible for access to classified information (including additional or new checks of commercial databases, Government databases, and other information lawfully available to security officials) at any time during the period of eligibility to determine whether that individual continues to meet the requirements for eligibility for access to classified information.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Formation | Sample Type: ethical_reasoning Difficulty: intermediate | Document Type: educational (e) “Contractor” means an expert or consultant (not appointed under section 3109 of title 5, United States Code) to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of any agency, including all subcontractors; a personal services contractor; or any other category of person who performs work for or on behalf of an agency (but not a Federal employee). (f) “Contractor employee fitness” means fitness based on character and conduct for work for or on behalf of the Government as a contractor employee. (g) “Covered individual” means a person who performs work for or on behalf of the executive branch, or who seeks to perform work for or on behalf of the executive branch, but does not include: (i) the President or (except to the extent otherwise di - rected by the President) employees of the President under section 105 or 107 of title 3, United States Code; or (ii) the Vice President or (except to the extent other -
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Property Law - Real Property | Sample Type: statutory_interpretation Difficulty: advanced | Document Type: educational wise directed by the Vice President) employees of the Vice President under section 106 of title 3 or annual legislative branch appropriations acts. (h) “End-to-end automation” means an executive branch- wide federated system that uses automation to manage and monitor cases and maintain relevant documentation of the application (but not an employment application), investigation, adjudication, and continuous evaluation processes.(i) “Federally controlled facilities” and “federally con - trolled information systems” have the meanings prescribed in guidance pursuant to the Federal Information Security Management Act (title III of Public Law 107–347) and Homeland Security Presidential Directive 12. (j) “Logical and physical access” means access other than occasional or intermittent access to federally controlled facilities or information systems. (k) “Sensitive position” means any position so designated under Executive Order 10450 of April 27, 1953, as amended.
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: case_analysis Difficulty: intermediate | Document Type: educational (l) “Suitability” has the meaning and coverage provided in 5 CFR Part 731. PART 2—ALIGNMENT, RECIPROCITY, AND GOVERNANCE Sec. 2.1. Aligned System . (a) Investigations and adjudications of covered individuals who require a determination of suitability, eligibility for logical and physical access, eligibility to hold a sensitive position, eligibility for access to classified information, and, as appropriate, contractor employee fitness, shall be aligned using consistent standards to the extent possible. Each successively higher level of investigation and adjudication shall build upon, but not duplicate, the ones below it. (b) The aligned system shall employ updated and consistent standards and methods, enable innovations with enterprise information technology capabilities and end-to-end automation to the extent practicable, and ensure that relevant information maintained by agencies can be accessed and shared rapidly across the executive branch, while protecting national security, protecting
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# basic laws book 2016 (1) Jurisdiction: UK | Practice Area: employment law Topic: Contract Law - Remedies | Sample Type: conversational Difficulty: advanced | Document Type: educational privacy-related information, ensuring resulting decisions are in the national interest, and providing the Federal Government with an effective workforce. (c) Except as otherwise authorized by law, background investigations and adjudications shall be mutually and reciprocally accepted by all agencies. An agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination consistent with law, directive, or regulation) that exceed the requirements for suitability, contractor employee fitness, eligibility for logical or [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 approval of the Suitability Executive Agent or Security Executive Agent, as appropriate, and provided that approval to establish additional requirements shall be
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