Rescinded Classification Framework Act

[xXTheoryXx]

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 its assent.

(3) This Act has been authored by Gwi Styx, co-authored by Speaker of the House xXTheoryXx

(4) This Act has been sponsored by Speaker of the House xXTheoryXx.

(5) This Act has been co-sponsored by Representative EATB.

(6) This Act repeals the Classified Materials Act.

(7) This Act amends the following Acts:

(a) Criminal Code 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.

(6) The classification system should be structured, principled, and resistant to abuse, with clear limits on what may be classified and by whom.

3. Definitions

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

(a) Classified Material. Any document, communication, or information assigned a valid 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 classifications, compartment memberships, and security clearances.

(h) Primary Classification Officer (PCO). The highest classification authority within a given jurisdiction, as established by this Act.

(i) Secondary Classification Officer (SCO). An individual to whom a PCO has delegated classification authority within defined limits.

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 one or more compartments, 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) Each executive department shall have a single compartment written with its 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 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 that 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 that 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 Clearances

(1) Security Clearances shall correspond to the classification designations as follows, wherein a matching or exceeding clearance grants access:

(a) SECRET — Authorised to access SECRET, RESTRICTED, and OFFICIAL material;

(b) RESTRICTED — Authorised to access RESTRICTED and OFFICIAL material;

(c) OFFICIAL — Authorised to access OFFICIAL material.

(2) Individuals without a clearance of any level shall not be able to access classified material.

(3) Where an individual holds multiple clearance levels, their highest assigned level shall take precedence.

(4) The following clearances shall be granted automatically by operation of this Act:

(a) All employees and members of the Government shall be granted at least OFFICIAL clearance within their own institution.

(b) All Classification Officers shall be granted SECRET clearance within their jurisdiction.

(c) All Members of Congress shall be granted RESTRICTED clearance for the [LEG] compartment.

(d) Senators shall additionally be granted RESTRICTED clearance for the [SEN] compartment.

(e) Representatives shall additionally be granted RESTRICTED clearance for the [HOR] compartment.

(5) The automatic clearances established in § 6(4) shall not be taken to limit the authority of a PCO to grant higher or broader clearances within their jurisdiction.

7. Classification Authority

(1) The authority to manage classifications shall be vested in Classification Officers, of which there shall be two types:

(a) A Primary Classification Officer (PCO) shall be the highest authority for classification within their jurisdiction and shall, in accordance with this Act, 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 within their jurisdiction;

(iii) award and revoke compartment memberships for 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 expressly 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) A PCO shall be immune from the clearance requirements of § 5(1)(a) in respect of classified material within their own jurisdiction. This immunity does not extend to material outside their jurisdiction.

(3) 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 by agreement, shall be the PCO for the [LEG] compartment. Where they are unable to agree, the matter shall be referred to the Chief Justice for determination.

(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.

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

(5) The Presiding Officer of a congressional hearing or impeachment trial shall act as a Secondary Classification Officer of the relevant PCO 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 and office 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 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 SECRET within the [JUD] compartment from the commencement of proceedings and may not be reclassified to a lower designation by any authority other than the Chief Justice.

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 by an empowered Classification Officer; or

(b) it is designated SECRET, in which case it shall automatically expire three (3) months after the date on which it was issued unless renewed.

(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 applicable expiration period from the 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.

(6) Where the office that issued a classification becomes vacant, a grace period of five (5) days shall apply during which the classification remains in force. At the end of the grace period, the material shall be automatically declassified to public unless, within that period:

(a) an individual has assumed, in an acting or confirmed capacity, an office with authority to manage the material; or

(b) a superior officeholder has reaffirmed the classification under their own authority.

10. Privilege

(1) Materials may be withheld from disclosure where 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 where a competent court determines that the 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 non-deliberative material held by any government entity.

(2) FOI requests in respect of judicial deliberations are not permitted. All other material held by the Judiciary may be the subject of an FOI request handled in accordance with this section.

(3) The following authorities shall handle FOI requests:

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

(b) The Presiding Officers of Congress, acting jointly, for material held by Congress;

(c) The Chief Justice for non-deliberative material held by the Judiciary;

(d) The Governor of the Federal Reserve Board for material held by the FRB; and

(e) The relevant authority established through by-law for material held by local governments.

(4) The authority receiving an 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 in part, with brief reasons.

(5) 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.

(6) An FOI request shall 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 lawful mechanism to disclose them; or

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

(7) 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.

(8) 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.

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

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

(11) Where a reviewing court is granted access to the requested material in order to adjudicate a request, it must examine 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 shall 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 before a court on the grounds that the privilege does not apply, in accordance with the rules and procedures of the Supreme Court.

(6) A court hearing a challenge under § 12(5) shall determine the matter as a matter of urgency and should ordinarily do so within fourteen (14) days.

(7) Where a court does not determine a challenge under § 12(5) within fourteen (14) days, it shall provide written reasons for the delay.

(8) 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 that was disclosed in breach of § 13(2)(a), where that individual is a government employee or otherwise bound by a duty of confidence in relation to the material.

(3) A Member of Congress acting in the course of their official congressional duties shall not commit the offence of Breach of Integrity by receiving or using classified material for the purposes of legislative oversight, provided they do not further disclose that material outside of the relevant congressional proceeding.

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;

(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 and not for personal or political gain.

(2) Where a court determines that protection is granted under this section, any disclosure of the material shall not give rise to criminal or civil liability under this Act.

PART IV — TRANSITIONAL AND AMENDMENT 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. Amendments to the Criminal Code Act

(1) Part III, Section 10 of the Criminal Code Act shall be amended as follows:

"10 - Breach of Integrity
Offence Type: Indictable
Penalty: Up to 200 Penalty Units
A person commits an offence if the person:
(a) shares classified information without authorisation.
Relevant Law: Act of Congress - Classified Materials Act

10 - Breach of Integrity
Offence Type: Indictable
Penalty: Up to 200 Penalty Units
A person commits an offence if the person:
(a) discloses material classified under the Classification Framework Act without lawful authority; or
(b) knowingly and intentionally disseminates material that has been disclosed in breach of subsection (a), where that person is a government employee or is otherwise bound by a duty of confidence in relation to the material.
This offence shall not occur where:
(c) the disclosure qualifies for protection under the Whistleblower Protection Act 2020 or any subsequent similar Act, as determined by a court; or
(d) the disclosure is made by a Member of Congress in the course of their official congressional duties, in accordance with § 13(3) of the Classification Framework Act.
Relevant Law: Act of Congress - Classification Framework Act"

(2) Part I, Section 6(7)(b) of the Criminal Code Act shall be amended to add the following to the list of High Crimes excepted from the Statute of Limitations:

"(ix) Corruption (where enacted)"

17. 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 equivalent to SECRET;

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

(c) SC-3 shall be treated as equivalent to 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 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 Freedom of Information request pending at the commencement of this Act shall continue to be processed under this Act.

(6) Within thirty (30) days of the commencement of this Act, each PCO shall review all classifications continued under § 17(1) and either reissue them in compliance with this Act or allow them to lapse.

(7) The following officers shall be responsible for coordinating the review of legacy classifications within their jurisdiction:

(a) The President for Executive classifications;

(b) The Presiding Officers of Congress for Congressional classifications;

(c) The Chief Justice for Judicial classifications; and

(d) The Governor of the Federal Reserve Board for FRB classifications.

 

[xXTheoryXx]

Rescinded on my own request