This article or section is a work in progress. The information below may be incomplete, outdated, or subject to change.
State Secrets Act, 1745
Long title
An Act to establish a comprehensive framework for the classification, protection, and controlled disclosure of information critical to the national security and intelligence operations of the Federation; to regulate access to state secrets and establish penalties for unauthorized disclosure; to provide for the oversight of classified information systems; to modernize information security protocols in accordance with contemporary threats; among other purposes
The State Secrets Act, 1745 is proposed federal legislation introduced in the Federal Assembly of Nouvelle Alexandrie that would establish a comprehensive legal framework for the classification, protection, and controlled disclosure of sensitive national security information. The bill represents the first major overhaul of state secrets law in Nouvelle Alexandrie since the Federation's founding.
The legislation comes amid growing concerns about information security following the Spring Crisis of 1739 and increased intelligence activities by foreign powers. Deputy Carmen Sofia Jiménez-Aguirre of the Federal Humanist Party, representing Santander, introduced the bill as part of a broader national security modernization effort supported by the Council of State and intelligence community leadership.
Referred to National Security and Intelligence Committee
3
Pending
Federal Assembly
First Reading
-
4
Pending
Federal Assembly
Committee Markup
-
5
Pending
Federal Assembly
Final Reading
-
6
Pending
Chamber of Peers
First Reading
-
7
Pending
Chamber of Peers
Final Reading
-
8
Pending
-
Royal Assent
-
Bill as submitted to the "Hopper" of the Federal Assembly, 1745 AN
STATE SECRETS ACT, 1745
THE READING OF
A
BILL
TO
Establish a comprehensive framework for the classification, protection, and controlled disclosure of information critical to the national security and intelligence operations of the Federation; to regulate access to state secrets and establish penalties for unauthorized disclosure; to provide for the oversight of classified information systems; to modernize information security protocols in accordance with contemporary threats; among other purposes.
This Act may be cited as the "State Secrets Act, 1745".
Article 2: Definitions.
For the purposes of this Act:
"Classified information" means any information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the Federal Government and has been determined pursuant to this Act or any predecessor Act to require protection against unauthorized disclosure for reasons of national security;
"National security" means the national defense and foreign relations of the Federation of Nouvelle Alexandrie;
"Director" means the Director of National Intelligence as established under the laws of the Federation;
"Intelligence Community" means the New Alexandrian Intelligence Community as defined by law;
"Original classification authority" means an individual authorized in writing, either by the President of the Government, the Vice-President of the Government, or by such officials designated by the President, to classify information in the first instance;
"Derivative classification" means the incorporating, paraphrasing, restating, or generating in new form information that is already classified;
"Classification" means the process of determining that official information requires, in the interests of national security, protection against unauthorized disclosure;
"Declassification" means the authorized change in the status of classified information to unclassified information;
"Unauthorized disclosure" means a communication or physical transfer of classified information to an unauthorized recipient;
"Need to know" means a determination that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function;
"Federal employee" means any person employed by the Federal Government, including military personnel;
"Contractor" means any individual or entity that has entered into a contract, agreement, or arrangement with the Federal Government;
"Foreign agent" means any person who acts in the Federation as an agent, representative, employee, or servant of a foreign government or foreign political organization;
"Espionage" means the act of obtaining, delivering, transmitting, communicating, or receiving information relating to the national defense with intent or reason to believe that the information is to be used to the injury of the Federation or to the advantage of any foreign nation.
PART II CLASSIFICATION SYSTEM AND AUTHORITY.
Article 3: Classification Levels.
Information may be classified at one of the following three levels:
"TOP SECRET" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security;
"SECRET" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security;
"CONFIDENTIAL" shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security.
Information may not be classified in order to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security.
Article 4: Original Classification Authority.
The authority to classify information originally may be exercised only by:
The President of the Government;
The Vice-President of the Government;
Agency heads and officials designated by the President of the Government in the Federal Registry;
Officials delegated this authority pursuant to regulations issued under this Act.
Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.
The number of officials authorized to classify information originally shall be kept to the minimum required for administrative efficiency.
Article 5: Classification Standards.
Information shall be classified as long as required by national security considerations. When it no longer meets the standards for classification under this Act, it shall be declassified.
Classified information shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the Federation or abroad of identical or similar information.
The original classification authority shall, where practicable, establish a specific date or event for declassification based on the duration of the national security sensitivity of the information.
PART III ACCESS TO CLASSIFIED INFORMATION.
Article 6: Security Clearances.
Access to classified information by any person may be granted only upon a determination that such person requires such access in connection with authorized activities and upon a determination that such person is trustworthy.
The following factors shall be considered in determining trustworthiness:
Allegiance to the Federation of Nouvelle Alexandrie;
Foreign influence and preference;
Personal conduct and character;
Emotional stability;
Alcohol and substance abuse;
Financial considerations;
Outside activities and associations.
Security clearances shall be reviewed periodically and may be revoked if the individual no longer meets the requirements for access.
Article 7: Need to Know Principle.
Access to classified information shall be granted only to individuals who have a demonstrable need to know the information to perform their official duties.
Officials responsible for classification shall ensure that access to classified information is limited to the minimum number of individuals required for the efficient operation of government.
Article 8: Special Access Programs.
The President of the Government may authorize special access programs to protect particularly sensitive information.
Special access programs shall be subject to the creation of special security procedures beyond those normally required for access to confidential, secret, or top secret information.
The number of special access programs shall be kept to an absolute minimum and shall be subject to periodic review by the Director of National Intelligence.
PART IV SAFEGUARDING AND SECURITY MEASURES.
Article 9: Physical Security Requirements.
Classified information shall be safeguarded by security measures proportionate to its classification level.
Requirements for physical security include:
Secure storage facilities meeting specifications established by regulation;
Access controls limiting entry to authorized personnel;
Procedures for transportation and handling of classified materials;
Requirements for destruction of classified waste.
Article 10: Information Security Protocols.
All classified information systems shall incorporate security measures appropriate to the classification level of the information processed.
Security protocols shall include:
User authentication and access controls;
Encryption of classified information during transmission and storage;
Network security measures to prevent unauthorized access;
Audit trails to monitor access to classified information;
Incident response procedures for security breaches.
Article 11: Personnel Security.
All persons with access to classified information shall receive security briefings appropriate to their level of access.
Personnel shall be required to sign non-disclosure agreements acknowledging their understanding of the requirements for protecting classified information.
Termination procedures shall ensure that access to classified information is revoked upon conclusion of authorized duties.
PART V DECLASSIFICATION AND PUBLIC ACCESS.
Article 12: Automatic Declassification.
Except as provided herein, all classified information shall be automatically declassified on December 31st of the year that is 25 years from the date of original classification.
Information may be exempted from automatic declassification only if its release would:
Reveal an intelligence source or method;
Compromise ongoing diplomatic negotiations;
Violate a statute, treaty, or international agreement;
Impair the ability of responsible officials to conduct foreign relations;
Endanger the life or physical safety of any individual.
Article 13: Systematic Declassification Review.
The Director of National Intelligence shall establish and maintain a comprehensive program for the systematic review and declassification of classified information.
Priority shall be given to information of the greatest public interest and historical value.
Declassification activities shall be conducted in accordance with priorities established by the National Security Committee.
Article 14: Mandatory Declassification Review.
Any person may request the review for declassification of classified information.
Agencies shall conduct a review of any classified information requested under this section and shall release such information unless its disclosure would cause identifiable damage to national security.
PART VI OVERSIGHT AND ADMINISTRATION.
Article 15: Director of National Intelligence Responsibilities.
The Director of National Intelligence shall serve as the principal advisor to the President of the Government on all matters relating to the implementation of this Act.
The Director shall issue regulations to implement this Act and shall ensure compliance across all agencies of the Federal Government.
The Director shall provide annual reports to the Cortes Federales on the status of classification and declassification activities.
Article 16: Cortes Generales Oversight.
The Cortes Federales shall maintain continuing oversight of the classification system established by this Act.
Relevant committees of both chambers may review classification policies and practices and may request briefings on classified matters within their jurisdiction.
The National Security Committee shall brief appropriate committees on matters affecting national security, subject to appropriate security measures.
Article 17: Inspector General Review.
Each agency with original classification authority shall designate an inspector general or equivalent official to conduct periodic reviews of the agency's classification practices.
Such reviews shall assess compliance with this Act and identify areas for improvement in classification and security practices.
PART VII PENALTIES AND ENFORCEMENT.
Article 18: Criminal Penalties.
Any person who knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person classified information shall be punished by a fine not exceeding 100,000 écu or imprisonment not exceeding 10 years, or both.
Any person who knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to a foreign government or foreign agent classified information shall be punished by a fine not exceeding 250,000 écu or imprisonment not exceeding 20 years, or both.
Any person who, through gross negligence, permits classified information to be removed from its proper place of custody or to be lost, stolen, abstracted, or destroyed shall be punished by a fine not exceeding 50,000 écu or imprisonment not exceeding 5 years, or both.
Article 19: Administrative Sanctions.
Federal employees who violate the provisions of this Act may be subject to administrative sanctions including:
Reprimand or censure;
Suspension without pay;
Reduction in grade or pay;
Termination of employment;
Revocation of security clearance.
Contractors who violate this Act may have their contracts terminated and may be barred from future government contracts.
Article 20: Civil Remedies.
The Federal Government may seek injunctive relief to prevent violations of this Act.
Any person who suffers damage as a result of unauthorized disclosure of classified information may seek civil remedies under applicable law.
PART VIII SPECIAL PROVISIONS.
Article 21: Protection of Intelligence Sources and Methods.
Nothing in this Act shall be construed to require the disclosure of intelligence sources and methods.
Information concerning intelligence sources and methods shall be exempt from declassification unless specifically authorized by the Director of National Intelligence in consultation with the originating agency.
Article 22: International Agreements.
Classified information received from foreign governments shall be protected in accordance with the terms of applicable international agreements.
Such information may not be declassified without the consent of the originating government unless required by federal law.
Article 23: Emergency Procedures.
During declared national emergencies, the President of the Government may authorize temporary modifications to classification procedures to protect national security.
Such modifications shall be limited in scope and duration and shall be reported to the Cortes Federales.
Article 24: Whistleblower Protections.
Federal employees who report violations of this Act through appropriate channels shall be protected from retaliation.
Appropriate channels include inspectors general, the Director of National Intelligence, and designated congressional committees.
Nothing in this section shall be construed to authorize the unauthorized disclosure of classified information.
PART IX CLOSING PROVISIONS.
Article 25: Regulations.
The Director of National Intelligence shall issue implementing regulations within 180 days of the enactment of this Act.
Such regulations shall be developed in consultation with affected agencies and shall be published in the Federal Registry.
Article 26: Transition Provisions.
All information classified under predecessor Acts shall remain classified under this Act until reviewed in accordance with the standards established herein.
Existing security clearances shall remain valid subject to periodic review as required by this Act.
Article 27: Severability.
If any provision of this Act is held to be unconstitutional or invalid, the remainder of the Act shall not be affected.
Article 28: Commencement and Application.
This Act shall apply to all of the Federation of Nouvelle Alexandrie.
This Act shall not become law unless it has been given Royal Assent.
This Act shall be published and made publicly available.
In the event any provision or part of this Act is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Act, will be inoperative.
This Act shall take effect 90 days after receiving Royal Assent.
