Bill: Draft Classification Framework Act

[Darklander]

CONGRESS OF THE
COMMONWEALTH OF REDMONT
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A BILL TO

PROVIDE FOR A CONSISTENT AND INTUITIVE SYSTEM OF CLASSIFICATION




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The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


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PART I — PRELIMINARIES

1. Short Title and Enactment

(1) This Act may be cited as the ‘Classification Framework Act’

(2) This Act shall be enacted immediately upon assent.

(3) This Act has been authored by Gwi Styx.

(4) This Act has been sponsored by Speaker TrueDarklander and co-sponsored by Rep. xEndeavour.

(5) This Act repeals the Classified Materials Act.

2. Reasons and Intent
(1) The current law concerning the classification of material and access to classified material is unclear and confusing.

(2) There is currently no statutory route for local governments to classify sensitive material held within their own institutions.

(3) Freedom of information requests are not currently sufficiently limited in respect to classified or otherwise protected material.

(4) The current law does not adequately protect the Judiciary from inappropriate disclosure demands.

(5) The Executive requires a qualified protection for confidential advice and deliberation so that it may carry out its constitutional functions effectively.


3. Definitions

(1) For the purposes of this Act, the following definitions shall apply:

(a) Classified Material. Any document, communication, or information assigned a designation under this Act or its predecessors.

(b) Compartment. A limitation applied to classified material restricting access to a specified institution, governmental body, or other authorised group.

(c) Designation. The classification level assigned to classified material under this Act, indicating the degree of harm that could result from its unauthorised disclosure.

(d) Need to Know. A reasonable necessity for access to specific classified material for the performance of official duties.

(e) Need to Hold. A reasonable necessity for the continued possession, storage, or retention of specific classified material for the performance of official duties.

(f) Security clearance. Authorisation granted under this Act permitting access to classified material of a specified designation.

(g) Classification officer. An individual empowered under this Act to issue, modify, or manage classification, membership in compartments, and security clearances.


PART II — CLASSIFICATION FRAMEWORK

4. Designations and Compartments

(1) All classified material must be assigned one of the following designations:

(a) SECRET - Reserved for material that, if disclosed, has the potential to cause significant harm to the effective and lawful operation of the Government.

(b) RESTRICTED - Reserved for material that, if disclosed, has the potential to cause moderate harm to the effective and lawful operation of the Government.

(c) OFFICIAL - Reserved for material that, if disclosed, has the potential to cause minor harm to the effective and lawful operation of the Government.

(2) Classified material may also be assigned to a compartment, placed after the designation in square brackets, limiting access to a specific institution or governmental body.

(3) There shall be established the following compartments:

(a) Legislative compartments:

(i) [LEG] - Legislative branch as a whole;

(ii) [SEN] - Senate;

(iii) [HOR] - House of Representatives.

(b) Judicial compartments:

(i) [JUD] - Judiciary as a whole;

(ii) [SCR] - Supreme Court of Redmont.

(c) Executive compartments:

(i) [EXEC] - Executive branch as a whole;

(ii) [CAB] - Cabinet;

(iii) Executive departments shall each have a single compartment, which shall be written with their established acronym.

(d) Local government compartments:

(i) [AV] - Aventura;

(ii) [OR] - Oakridge;

(iii) Town governments are empowered to create further compartments for institutions and bodies within their jurisdiction through by-laws.

(e) Arms-length institutions:

(i) [FRB] - Federal Reserve Bank.

(4) A classification shall have no legal effect unless its designation is explicitly stated or it arises automatically according to statute.

(5) Material that has not been assigned a valid classification or that has been lawfully declassified, publicly announced, or distributed shall be considered public and not classified under this Act.

5. Principles of Access

(1) In order to lawfully access classified material, an individual or entity must:

(a) possess a security clearance corresponding to or exceeding the classification designation of the material;

(b) have Need to Know in relation to the material; and

(c) where the material is assigned to a compartment, be a member of said compartment.

(2) In order to lawfully retain, store, or otherwise remain in possession of classified material, an individual or entity must:

(a) continue to have lawful access to the material under § 5(1); and

(b) have Need to Hold in relation to the material.

(3) An individual or entity shall be considered a member of a compartment where:

(a) they belong to the institution or body that corresponds with said compartment; or

(b) they have been afforded membership by an empowered classification officer.

(4) Where any of the conditions outlined in this section cease to be satisfied, access to the classified material must be removed and, if applicable, possession of the material must cease as soon as reasonably practicable.

(5) A person in lawful possession of classified material must take reasonable measures to safeguard it against loss, misuse, or unauthorised access.

6. Security Clearance

(1) Security clearances shall correspond to the classification designations, wherein a matching or exceeding clearance shall grant access:
(a) SECRET - Authorised to access SECRET, RESTRICTED and OFFICIAL materials;
(b) RESTRICTED - Authorised to access RESTRICTED and OFFICIAL materials;
(c) OFFICIAL - Authorised to access OFFICIAL materials;
(2) Individuals without clearance of any level shall not be able to access classified material.

(3) Where an individual has been assigned multiple levels of clearance, their highest assigned level will take precedence.

(4) All employees and members of the Government shall be granted at least OFFICIAL clearance.

(5) All Classification Officers shall be granted SECRET clearance.

7. Classification Authority

(1) The authority to manage the classifications of material shall be vested in classification officers, of which there shall be two types:

(a) The Primary Classification Officer (PCO) shall be the highest authority for classification within their jurisdiction and shall, in accordance with statute, regulation, and policy:

(i) determine, apply, and manage classification designations for material originating within, held by, or produced for the institution corresponding to the compartment for which they are responsible, including assigning that compartment to the material;

(ii) award and revoke security clearances;

(iii) award and revoke memberships to any compartment within their jurisdiction;

(iv) maintain a register of awarded security clearances;

(v) maintain a register of awarded compartment memberships; and

(vi) maintain a register of delegated Secondary Classification Officers.

(b) A Secondary Classification Officer (SCO) may exercise the authority of a PCO where such authority has been delegated to them by a PCO.

(i) An SCO shall only exercise such authority as has been expressly delegated to them.

(ii) An SCO shall use the registers maintained by the delegating PCO.

(2) The following offices shall serve as Primary Classification Officers:

(a) Legislative branch

(i) The President of the Senate and the Speaker of the House, acting jointly, shall be the PCO for the [LEG] compartment.

(ii) The President of the Senate shall be the PCO for the [SEN] compartment.

(iii) The Speaker of the House shall be the PCO for the [HOR] compartment.

(b) Judiciary

(i) The Chief Justice shall be the PCO for the [JUD] and [SCR] compartments.

(c) Executive branch

(i) The President shall be the PCO for the [EXEC] and [CAB] compartments.

(ii) The Secretary of each executive department shall be the PCO for the compartment corresponding to that department.

(d) Local governments

(i) The Mayor of a town shall be the PCO for the compartment corresponding to that town.

(e) Arms-length institutions

(i) The Federal Reserve Board, acting jointly, shall be the PCO for the [FRB] compartment.

(3) The Presiding Officer of a court shall act as a Secondary Classification Officer of the Chief Justice within the jurisdiction of that court.

(4) The Presiding Officer of a congressional hearing or impeachment trial shall act as a Secondary Classification Officer of the relevant Primary Classification Officer for the purposes of that proceeding.

8. Classification Procedure

(1) In order for material to be enforceably classified, it must be explicitly and obviously marked by an empowered authority with:

(a) a valid designation;

(b) the date from which the classification takes effect;

(c) the name of the classification officer issuing the classification; and

(d) where applicable:

(i) a compartment restriction; or

(ii) an expiration date not exceeding twelve months.

(2) A classification shall take legal effect from the date on which it is issued and shall not apply retroactively.

(3) An empowered classification officer with jurisdiction over the material may reclassify material by issuing a new classification that shall:

(a) supersede any previous classifications; and

(b) take legal effect from its date of issue.

(4) Classified material may not be assigned a designation or a compartment that is:

(a) disproportionate to the reasonably foreseeable harm that would result from its disclosure; nor

(b) beyond the security clearance or jurisdiction of the classification officer.

(5) A classification may not be lawfully applied in order to:

(a) conceal breaches of laws, rules, or regulations; or

(b) prevent or reduce reputational damage, negative publicity, or public backlash.

(6) Judicial deliberations shall be automatically classified as [JUD] SECRET and may not be reclassified.

PART III — DECLASSIFICATION, DISCLOSURE, AND PRIVILEGE

9. Expiration and Declassification

(1) A classification shall remain in force until it:

(a) reaches the expiry date set at the time of classification;

(b) is superseded by a new classification issued by an empowered authority; or

(c) automatically expires under this section.

(2) A classification shall automatically expire twelve (12) months after the date on which it was issued unless:

(a) it is renewed prior to that time; or

(b) it is designated as SECRET.

(3) An empowered classification officer with jurisdiction over the material may renew a classification prior to its expiration where continued classification remains reasonably necessary.

(4) A renewal under § 9(3) shall:

(a) specify the date of renewal and the name of the renewing classification officer;

(b) reset the twelve month expiration period to the specified date of renewal; and

(c) be appended to the classification without altering its original formatting.

(5) Where a classification expires under this section, the material shall be considered PUBLIC from the date of expiration.

10. Privilege

(1) Materials may be withheld from disclosure wherein they are held in-confidence or are otherwise protected under a privilege established through statute, common law, or the Constitution.

(2) The Executive may invoke Executive Privilege to deny the disclosure of materials where disclosure would reasonably be expected to undermine:

(a) the deliberative processes of the Executive in the exercise of its constitutional functions; or

(b) communications made to or by the President in the course of Executive decision-making.

(3) Executive Privilege shall be qualified and defeasible wherein a competent court deems that public interest in access to the material is more compelling than the foreseeable harm of its disclosure.

(4) The Judiciary may invoke Judicial Privilege to deny the disclosure of materials where disclosure would reasonably be expected to undermine:

(a) the deliberative processes of the Judiciary and the confidentiality thereof;

(b) the independence of the Judiciary in the exercise of its constitutional functions; or

(c) the administration of justice.

(5) Judicial Privilege shall be absolute in all circumstances.

(6) This Act shall not further limit any privilege derived from statute, common law, or the Constitution.

11. Freedom of Information

(1) Any individual or entity may submit a Freedom of Information (FOI) request for access to material held by any government entity, except for material held by the Judiciary.

(2) The following authorities shall handle FOI requests:

(a) The Attorney General for materials held by the Executive;

(b) The Presiding Officers of Congress for materials held by Congress;

(c) The Governor of the Federal Reserve Board for materials held by the FRB; and

(d) the relevant authority as established through by-law for materials held by the Towns.

(3) The authority receiving the FOI request must respond within seven (7) days indicating:

(a) approval and the intended release of the material; or

(b) refusal of the request in whole or part.

(4) An FOI request may be refused where:

(a) it is deemed unreasonable;

(b) it seeks access to lawfully classified material; or

(c) a Privilege is invoked.

(5) An FOI request will be deemed unreasonable if:

(a) It seeks information clearly beyond the jurisdiction or knowledge of the office addressed;

(b) It seeks access to materials that are held in-confidence, such that the authority has no legal mechanism to disclose them; or

(c) It is so vague or broad as to be unfulfillable in practical terms.

(6) The authority handling an FOI request has a duty to comply with the request to the fullest extent possible through:

(a) partial disclosure of the requested material;

(b) redaction of protected information; or

(c) the provision of summaries where full disclosure would be unlawful or harmful.

(7) Where an FOI request is deemed unreasonable, the authority handling the request should make a reasonable effort to assist the requester in forming a reasonable request.

(8) Where an FOI is refused or does not receive a response within seven (7) days, the requester may seek a review of the request by the Judiciary.

(9) The reviewing authority may either affirm the refusal or order the disclosure of the material in full or in part.

(10) Where a reviewing court is granted access to the requested material in order to adjudicate a request, it must view the material in private.

12. Subpoena and compelled disclosure

(1) A Court may, in the exercise of its judicial functions, require the production or disclosure of material relevant to a legal proceeding.

(2) A Chamber of Congress may compel the production of material from any Government body in the course of its constitutional duties through a Motion to Subpoena passed by a simple majority of that chamber.

(3) Material sought under subpoena or other lawful demand for disclosure may include classified material, which may be examined in private where necessary.

(4) A subpoena or compelled disclosure may be lawfully refused:

(a) by invoking a privilege established through statute, common law, or the Constitution; or

(b) where the authority holding the material has no lawful power to disclose it.

(5) A claim of privilege under § 12(4) may be challenged in court on the grounds that the privilege does not apply.

(6) Any material produced to a court for the purpose of determining whether a claimed privilege applies shall be examined in private.

13. Breach of integrity

(1) As per the Criminal Code Act, the unauthorised disclosure of material classified under this Act shall constitute the offence of breach of integrity.

(2) The offence of breach of integrity shall be committed by

(a) the individual who first discloses the classified material without lawful authority; and

(b) any individual who knowingly and intentionally disseminates material disclosed in breach of § 13(1).

14. Protected disclosures

(1) An individual who discloses classified material without authorisation shall qualify for protection under the Whistleblower Protection Act 2020, or any subsequent similar Act, where:

(a) the individual qualifies as a whistleblower under that Act; and

(b) the individual reasonably believed the material demonstrated unlawful conduct, abuse of authority, or a serious breach of public duty;

(c) no effective or reasonable internal route existed for raising the concern, or such a route was used, and no meaningful action was taken; and

(d) the individual acted in good faith.

(2) Where protection is granted under this section, as determined by the courts, any disclosure of the material shall not give rise to criminal or civil liability under this Act.

PART IV — TRANSITIONAL PROVISIONS

15. Continuity

(1) This Act shall be taken to continue the legislative history established by the Classification Act and the Classified Materials Act.

16. Transition
(1) Any classification, security clearance, restriction, or delegation of classification authority lawfully in force under the Classified Materials Act immediately before the commencement of this Act shall continue in force as if made under this Act until the earliest of the following:

(a) it is renewed, revoked, or replaced;

(b) thirty (30) days have passed from the commencement of this Act; or

(c) it otherwise expires under this Act.

(2) For the purposes of this section:

(a) SC-1 shall be treated as SECRET;

(b) SC-2 shall be treated as RESTRICTED;

(c) SC-3 shall be treated as OFFICIAL; and

(d) any prefix-based restriction under the Classified Materials Act shall be treated as the corresponding compartment under this Act.

(3) A classification, clearance, restriction, or delegation of authority continued under this section shall not be invalid only because it uses the form or terminology of the Classified Materials Act rather than that of this Act.

(4) Any renewal or reclassification made after the commencement of this Act must comply with this Act and may not use the systems established by the Classified Materials Act.

(5) Any ongoing Freedom of Information request pending at the commencement of this Act shall continue under this Act.