An Act to Reform Classification
BE IT ENACTED BY THIS CONGRESS HERE ASSEMBLED THAT:
Section 1: “A Bill to Establish Classified Documents and its amendment shall be null and void
Section 1A: A Bill to Establish Classified Documents shall be defined as: A Bill to Establish Classified Documents (1/2) & (2/2)
Section 1B: The amendment to A Bill to Establish Classified Documents shall be defined as: A Bill To Amend the Classified Documents Law and create proper Additive Provisions
Section 2: The state government shall be empowered to restrict information from public view applicable under this act in the interest of state security, hence referred to as “classification.”
Section 3: The Governor shall have the sole authority to grant clearance to classified information under the executive branch. S/he may grant clearance broadly to see anything, for specific purposes, for specific agencies, or for specific individual incidents. The Governor is also empowered to detail if the person with such clearance may create classified information for the purposes listed previously, or if they may only view it. The Governor shall make publicly available a Written Consent of Classification any time a new individual is given classification authority. The Governor shall have undeniable access to all classified information under the executive branch, and be the ultimate decider of what is and isn’t classified within the confines of law. Should the Governor find it necessary to classify information involving the County Government, the County Executive shall be able to view information pertaining solely to the County side of the information.
Section 3A: A Written Consent of Classification shall show all persons granted clearance, how far that clearance extends, and what that clearance entails.
Section 3B: If an agency head is given clearance, they may, at the discretion of the Governor, allow members of their department to view such classifications under their department as needed under their clearance. Though only persons specifically granted the power to create classified information may create it.
Section 4: Any of the following may be classified: security documents and plans, military and strategic facilities (and their floor plans), pictures of the inside of such facilities, the names of human intelligence sources, military planning of a strategic nature, active intelligence operations, and capabilities of defense infrastructure.
Section 4A: Once something no longer meets the aforementioned criteria it shall be declassified. Anything not meeting the aforementioned criteria in the first place cannot be classified. The classifying authority may also choose to declassify things that may still be applicable under this act, but that classification is no longer necessary for practical reasons.
Section 5: Section 1K shall be amended into Chapter Three of the Criminal Code Act as defined by: Criminal Code Act Chapter 2-3.
Section 5A: Chapter Three, Section 1K shall state: Unlawful Classification of Information shall be the act of classifying information not applicable for classification under this act (or no longer applicable under this act) after being notified that the offending person is doing so.
Section 5B: A subsection 1 shall also be added to Chapter Three section 1K and it shall state: any person who commits Unlawful Classification of Information shall be guilty of a felony, and be penalized specifically by the courts for no more than three hours in prison.
Section 6: Section 1L shall be amended into Chapter Three of the Criminal Code Act (as defined previously by Section 5).
Section 6A: Chapter Three Section 1L shall state: Distribution of Classified Information shall be the atc of releasing information classified lawfully under this act to any individual without the proper clearance to view such information.
Section 6B: A subsection 1 shall also be added to Chapter Three Section 1K and it shall state: Any person who commits Distribution of Classified Information shall be guilty of a felony, and penalized specifically by the courts for no more than eight hours in prison.
Section 7: The Attorney General shall be empowered to investigate and deter the misuse of classification under this act. S/he shall, upon reasonable suspicion of a violation of this act, petition a state judge to affirm the need to demand access to the information, in which s/he must articulate and prove the reasonable suspicion. If both the Attorney General and the judge agree there is reasonable suspicion of a violation of this act, the Attorney General may demand to see the classified information. The judge in agreement must be made known to those being investigated. Failure to comply with the Attorney General in such instances shall be Obstruction of Justice (as defined by: A Bill to Amend the "Establishing Obstruction of Justice" Statute) in a felonious context, and shall allow the Attorney General to forcibly declassify the information. Should information be found to be unlawfully classified, the Attorney General shall direct said information to be declassified. Should the relevant authority fail to abide by such and order within 48 hours, they shall be criminally liable under Section 5A of this act.
Section 7A: Information still unlawfully classified after an order by the AG shall be forcibly declassified by the Attorney General upon the conclusion of an investigation into such.
Section 7B: The Attorney General shall forcibly declassify information by publicly stating that such information is no longer classified and is publicly accessible.
Section 7C: Any whistle blower who details the possible abuse of classification to the Attorney General shall be immune from prosecution under Section 6A of this act.
Section 8: This act shall go into effect immediately upon passing both houses of Congress and being signed into law by the Governor (or via veto override). However, government agencies shall have two weeks (14 days) to re-evaluate previously classified information before criminal penalties under this act may be applicable.
Section 9: The Governor, Attorney General, and the courts shall enforce this act.
Chief Sponsor:
DannyboyLaw, esq. Representative
Co-Sponsors:
NotoriousAmerican, Speaker Pro Tempore
Uncircuit, Representative
ElloNT, Representative
MrEmote, Senator
Hecxtro, President Pro Tempore