SEC. 401. REPEAL.
The Classification Act of 2023 and all executive policy issued thereunder shall be repealed.
SEC. 402. ORIGINAL CLASSIFICATION AUTHORITY.
(a) Except as otherwise provided by law, the Governor shall be the source of all classification authority.
(b)
(1) Information may only be originally classified by an Original Classification Authority.
(2) Original Classification Authority shall be specified by the Governor in writing, and the Governor may specify what level of classification each official having Original Classification Authority may originally classify information at.
(3) Where permitted by the Governor, Original Classification Authority may be delegated or redelegated.
(4) The Director of State Intelligence shall maintain a record of all officials having Original Classification Authority, whether by the Governor or by delegation.
(c) Whenever any employee or contractor of any State agency, who does not have Original Classification Authority, originates information for which they have exceptionally good cause to believe should be classified, they may originally classify it, but they shall prompty notify an official having Official Classification Authorirty, and its classification shall lapse in 48 hours if not approved by an official having Original Classification Authority, and it may not be classified again except by such an official.
SEC. 403. CLASSIFICATION STANDARDS.
(a) Information may only be originally classified if it qualifies for one of the levels defined in section 404, and one of the categories defined in section 405.
(b) Notwithstanding the previous subsection, information which is received from a foreign government and is classified by that government shall be assigned a level of classification most commensurate with its original classification, unless otherwise deemed in the interests of the State of Firestone by the Governor.
(c) Information shall only be classified when it is in the interests of the State of Firestone, and shall not be classified to conceal violations of law, inefficiency, or error, or to prevent embarrassment of a person or agency.
SEC. 404. CLASSIFICATION LEVELS.
Classified information shall be assigned one of the following levels of classification:
(1) confidential, if the information’s release will cause damage to state security or the functions of government;
(2) secret, if the information’s release will cause serious damage to state security or the functions of government; or
(3) top secret, if the information’s release will cause exceptionally grave damage to state security or the functions of government.
SEC. 405. CLASSIFICATION CATEGORIES.
(a) The categories of information which may be classified are as follows:
(1) operational documentation, which shall include procedures, policies, plans, documents, files, and databases relating to operations;
(2) operational material, which shall include plans, tactics, and other tools utilized in, or relating to, operations, as well as any media created by agents during an operation;
(3) communications, which shall include cryptography, and any means or channels of communication utilized in operations, or used for distributing or discussing information or material which is classified, as well as any other communications relating to operations;
(4) training, which shall include training curricula or preparations and exams utilized by agencies to train or test agents in operations;
(5) facilities, which shall include locations, media, floor plans, designs, vulnerabilities, and purposes of facilities utilized for operations;
(6) units, which shall include the purposes and activities of any unit or division of an agency as they relate to operations, or if the unit or division’s primary task is to conduct operations;
(7) capabilities, which shall include information regarding operational capabilities;
(8) methods, which shall include the techniques, methods, and other information regarding sources of intelligence, including all technical details thereof;
(9) equipment, which shall include the vehicles, weapons systems, and devices utilized for operations;
(10) assets, which shall include the locations and identities of human intelligence assets or sources and the locations and identities of agents who are actively partaking or partook in an operation;
(11) diplomacy, which shall include communications or documents pertaining to diplomatic affairs; and
(12) criminal investigations, which shall include documents, files, databases, and communications pertaining to an active or past criminal investigation that was or is actively being conducted by an agency.
(b) In this section—
(1) “operations” includes intelligence, tactical, military, or security operations; and
(2) “agent” means an individual acting in an official capacity on behalf of a government agency, or any individual acting at the behest of a government agency.
SEC. 406. BULK INFORMATION.
(a)
(1) A communications channel or system designed for the transmission of information of a certain classification category or categories, and at a certain classification level, or with certain additional restrictions as provided in section 407, may be regarded as having that classification or restriction overall.
(2) A database or other method of bulk data storage which contains records of a regular format, designed for the storage of data which would tend to be of a certain classification category or categories, and at a certain classification level, or with certain additional restrictions as provided in section 407, may have its records classified or restricted by the structure of the data contained therein.
(b) A system covered by subsection (a) shall not require its contents to be portion marked, and it shall be sufficient to mark the system itself as required by this Act.
(c) A compilation of information, which in combination warrant classification, may be classified when compiled.
SEC. 407. ADDITIONAL RESTRICTIONS.
The Director may create such additional special access programs and restrictions for classified or sensitive unclassified information as they find necessary.
SEC. 408. DURATION OF CLASSIFICATION AND DECLASSIFICATION.
(a) Classified information should be declassified or reclassified as soon as it no longer meets the standards set out in this Act to be classified at its level. Wherever practicable, the Original Classification Authority for that material shall, when classifying it, select a date on which the classification shall expire, in accordance with the previous sentence.
(b) The Director shall provide for the regular review of classified material to ensure the continued propriety of classification, particularly where there is no date of expiry.
(c) Prior to the expiration of classification, an Original Classification Authority may extend the date of expiry, if they find that it meets the standards set out in this Act to be classified at its level.
(d) Any Original Classification Authority may declassify classified information at any time, or reclassify it in accordance with the standards set out in this Act, under directives issued by the Director.
SEC. 409. MARKING REQUIREMENTS
(a) At the time of original classification, the following shall be marked in a manner that is immediately apparent for the material:
(1) The classification level of the material and additional restrictions under section 407;
(2) The identity, by username and position, or personal identifier, of the person classifying the material;
(3) The agency of origin;
(4) The date of expiry under section 408, if there is one;
(5) The categories of classification under section 405; and
(6) A disclaimer that the material is classified under this Act.
(b) With respect to each classified document, the agency originating the document shall, as much as may be practicable, indicate which portions are classified, and which are unclassified, and the appropriate classification level and additional restrictions.
(c) Specific information required under this section may be excluded if it would otherwise reveal additional classified information, but the classification level and date of expiry may never be excluded.
(d) All declassified or reclassified records should be appropriately marked as such.
SEC. 410. DERIVATIVE CLASSIFICATION.
(a) Officials having Original Classification Authority may, as necessary to carry out their duties, create classification guides which direct the derivative classification of certain information by its characteristics, provided that it meets the standards set out in this Act.
(b) Information derived from one or more classified materials, whether that classification was original or derivative, may be derivatively classified by any person who is authorized to handle the source material, under directives issued by the Director, at the highest level of classification of any source material.
(c)
(1) Derivatively classified materials shall be marked in a manner which makes immediately apparent:
(A) The classification level of the material and additional restrictions under section 407;
(B) The identity, by username and position, or personal identifier, of the person classifying the material;
(C) The agency of origin;
(D) A disclaimer that the material is classified under this Act.
(2) Derivative classification applied under subsection (b) shall expire only when the classification of each source material has expired.
(3) Derivatively classified materials shall include a list of source materials.
SEC. 411. ACCESS TO CLASSIFIED INFORMATION.
(a) Access to classified information is to be based on the principles that a person should only have access to information—
(1) which they have a need to know;
(2) if their access is unlikely to present a threat to state security; and
(3) which they have been trained to safeguard.
(b) The Director shall establish a system of security clearances and access controls which require individual eligibility determinations prior to granting access to classified information.
SEC. 412. USE OF CLASSIFIED MATERIAL AS EVIDENCE.
(a) When the defendant in a criminal matter seeks to obtain or admit evidence which is classified, whether physical or testimonial—
(1) if the State consents, that evidence may be obtained or admitted as-is; and
(2) if the State objects, it may either (A) argue that the evidence is not relevant or necessary for the case, and if the Court finds for the State, it shall not admit the classified evidence, (B) offer to substitute the evidence with a redacted version or sworn affidavit describing or summarizing the contents thereof, which the Court shall admit if in the interests of justice, or (C) refuse to admit the evidence, if it is contrary to the interests of state security. If the Court finds against the State under subparagraph (A) or (B), the State may refuse to admit the evidence. If the State refuses to admit the evidence, in any case, the Court may dismiss one or more counts, or strike other testimony or evidence, if it finds that such refusal prevents the defendant from substantially making their defense or otherwise inhibits their right to due process.
(b) In any civil matter, classified evidence, whether physical or testimonial, may only be admitted by consent of the State.
(c) The State may always admit classified evidence by its own request, whether or not portions of it are redacted, provided it otherwise conforms to the general rules of admissibility and evidence.
(d) When a party seeks to use classified information as evidence in any legal matter, the Court shall first review the information in camera.
(e) Classified information admitted as evidence shall not be introduced on the open record, and the record of any proceeding in which classified information is presented shall itself be classified at the highest level of any classified information presented during that proceeding, and shall be kept in a sealed repository by the Chief Court Justice, accessible only by themselves, the Attorney General, and the Director.
(f) The Supreme Court shall make rules to implement this section.
SEC. 413. REVIEW OF COMPLIANCE.
(a) Any person authorized to access a classified material may challenge the classification status of that material, if they believe it to not meet the classification standards set out in this Act.
(b) Classification challenges shall be reviewed and adjudicated by the Director, but a person whose challenge is denied may appeal the same to the Board, whose decision shall be final.
SEC. 414. IMMEDIATE CLASSIFICATION REVIEW.
(a) The Director shall, within 120 days, review all presently-classified material in cooperation with agency heads, and submit a report to the Governor and Congress on the results thereof.
(b) The Director shall ensure that the classification status of reviewed material is revised to align with the standards imposed by this Act.
(c) Any materials now classified shall become declassified after 120 days, unless it has been declassified sooner, or classified or reclassified in accordance with this Act.
SEC. 415. CRIMES.
(a)
(1) Chapter 6, section 13 of the Firestone Criminal Code shall be created and read as follows:
"(a) The act of unlawful classification of information shall be recognized as an unlawful criminal offense within the State of Firestone.
"(b) Unlawful classification of information shall be the act of knowingly applying classification markings to an unclassified material, which would suggest to a reasonable person that it is classified. This section shall not prohibit the marking of material as sensitive, protected, or reasonable variants thereof, as long as the material is not marked as classified.
"(c) Unlawful classification of information shall also be the act of knowingly applying improper classification markings to a classified material, which would suggest to a reasonable person that it is classified at a level which it is not.
“(d) This section shall not apply to markings which have been reasonably redacted, crossed out, or otherwise edited to reflect the proper status of a material.”
(2) Chapter 6, section 13 of the Firestone Criminal Code shall be a class C felony, and shall only be prosecuted in the courts.
(b)
(1) Chapter 6, section 14 of the Firestone Criminal Code shall be created and read as follows:
"(a) Unlawful distribution of classified information shall be recognized as an unlawful criminal offense within the State of Firestone.
"(b) The act of unlawful distribution of classified information shall be the act of knowingly or negligently releasing or sharing legally classified material or information to an individual who is not authorized by relevant law or executive policy (that is enacted in compliance with relevant law) to view such, except in cases where a reasonably prudent person would have no reason to believe the material or information was classified when they released or shared it.
"(c) There shall be a variable sentencing and class range for this section.
"(c1) If a subject violates this section with respect to classified material or information that is “Confidential”, it shall be classed as a Class C Felony and, if subject to arrest, shall carry a jail time of 600 seconds.
"(c2) If a subject violates this section with respect to classified material or information that is “Secret”, it shall be classed as a Class B Felony and, if subject to arrest, shall carry a jail time of 700 seconds.
"(c3) If a subject violates this section with respect to classified material or information that is “Top Secret”, it shall be classed as a Class A Felony and, if subject to arrest, shall carry a jail time of 900 seconds.
(2) Chapter 6, section 14 of the Firestone Criminal Code shall have a variable sentencing range, as described therein.
(c)
(1) Chapter 6, section 21 of the Firestone Criminal Code shall be created and read as follows:
"(a) Unlawful possession of classified information shall be recognized as an unlawful criminal offense within the State of Firestone.
"(b) Unlawful possession of classified information shall be the act of knowingly possessing, accessing, or retaining classified information without lawful authorization.
"(c) If a person does not intend to possess, access, or retain that information and reports the possession, access, or retention to the Director of State Intelligence or their designee within 48 hours of their initial knowledge, and expediently and to the best of their ability makes such information unavailable to themself or removes it from their possession, and if possible, gives custody to the Director of State Intelligence or their designee, they shall not be liable under this section.
"(d) There shall be a variable sentencing and class range for this section.
"(d1) If a subject violates this section with respect to classified material or information that is “Confidential”, it shall be classed as a Class C Felony and, if subject to arrest, shall carry a jail time of 600 seconds.
"(d2) If a subject violates this section with respect to classified material or information that is “Secret”, it shall be classed as a Class B Felony and, if subject to arrest, shall carry a jail time of 700 seconds.
“(d3) If a subject violates this section with respect to classified material or information that is “Top Secret”, it shall be classed as a Class A Felony and, if subject to arrest, shall carry a jail time of 900 seconds.”
(2) Chapter 6, section 21 of the Firestone Criminal Code shall have a variable sentencing range, as described therein.
SEC. 501. TERRITORIAL JURISDICTION OF THE STATE OF FIRESTONE.
The territorial jurisdiction of the State of Firestone shall extend to all places within the State of Firestone, and with respect to offenses against citizens of the State of Firestone, the premises of all diplomatic or military missions or entities of the State of Firestone in a foreign state.
SEC. 502. PERSONAL JURISDICTION OF THE STATE OF FIRESTONE.
The personal jurisdiction of the State of Firestone shall extend to all persons who—
(1) at the time of an offense—
(A) were a citizen of the State of Firestone;
(B) were within the territorial jurisdiction of the State of Firestone; or
(C) transacted business with a person or entity in the State of Firestone; or
(2) explicitly agree to be subject to the jurisdiction of the State of Firestone.
SEC. 601. OFFICE OF DEFENSE AND SECURITY COMPLIANCE.
There is a division in the Department of Justice known as the Office of Defense and Security Compliance (in this chapter, “Office”), with the purpose of investigating criminal misconduct within the Firestone National Guard and the Department of Homeland Security.
SEC. 602. SPECIAL AGENTS
The Attorney General shall appoint Special Agents, who shall each be assigned to investigate the Firestone National Guard or Department of Homeland Security, but may not be assigned to investigate an agency in which they are employed.
SEC. 603. FUNCTIONS.
(a) The Office shall accept reports from citizens and investigate cases involving violations of law by employees of the agencies identified in section 602.
(b) Upon the conclusion of an investigation, the Office shall forward a final report to the head of the agency involved, detailing the outcome of the investigation, evidence included, and if the subject of the investigation will be further recommended for prosecution or civil penalties.