Executive Documents Act 2023
Executive Documents Act 2023
- Explanatory notes
- This law was created by the Statute Law Revision Act 2023 to consolidate the following legislation:
- Security Clearance Order 2023
- Top Secret Documents Order 2023
- This law also imports parts from the now repealed Clearance (Amendment) Act 2020.
Article 1 – Executive documents
§1. Executive documents are documents under the possession of the executive branch.
§2. All executive documents shall either be classified or non-classified, with classified executive documents to be given a clearance level.
§3. All classified executive documents are to be titled as "[Clearance Level] Department if applicable, Name of Document" (e.g. [Clearance Level 2] SDBI, July 2023 Report).
§4. All non-classified executive documents are to be titled as "[Unclassified] Department if applicable, Name of Document") (e.g. [Unclassified] DoJ, Prosecution Guidance).
§5. All non-classified and declassified executive documents must be published publicly within a reasonable time.
Article 2 – Executive clearance
§1. There shall be four levels of executive clearance:
- §1.1. Clearance Level 1 (Subject Matter Clearance) shall permit an individual to have access to classified documents on a particular subject matter, such as a criminal investigation.
- §1.2. Clearance Level 2 (Department Clearance) shall permit an individual to have access to classified documents within the full scope of that government department.
- §1.3. Clearance Level 3 (State-Wide Clearance) shall permit an individual full access to all classified documents except for those of Clearance Level 4.
- §1.4. Clearance Level 4 (Exempted State-Wide Clearance) shall permit an individual full access to all classified documents.
§2. Schedule 1 of this Act shall specify who possesses powers to classify executive documents, subject to
Article 3 of this Act.
§3. Schedule 2 of this Act shall specify who possesses powers to declassify classified executive documents.
§4. Schedule 3 of this Act shall specify who possesses clearance to access classified executive documents, subject to Article 3 of this Act.
§5. The President may amend Schedules 1, 2, and 3 of this Act by Executive Order.
Article 3 – Exempt documents
§1. The power to classify executive documents shall not extend to documents:
- §1.1. Which are already publicly available through legal means, or
- §1.2. Which are previously declassified.
§2. The power of those who possess clearance to access classified executive documents shall not extend to documents which are related to a legal case, or the preparation of one, against them or someone closely associated with them (such as prosecution, civil lawsuit, or judicial review).
§3. Schedule 4 of this Act shall specify what relationships shall always constitute close association for the purposes of §2 of this Article.
- §3.1. For avoidance of doubt, a close association can still exist even if it is not statutorily prescribed under Schedule 4 of this Act.
§4. This Act does not apply to documents protected by attorney-client privilege.
Article 4 – Senate subpoenas and declassification
§1. The Senate shall have the power to subpoena for relevant lists or copies of classified executive documents of any clearance.
§2. The relevant lists or copies of classified executive documents under subpoena shall be delivered to the Senate through private channels, unless the Senate explicitly directs otherwise.
§3. The Senate, by a simple majority vote, shall have the power to declassify classified executive documents of any clearance.
Article 5 – Automatic declassification
§1. All classified executive documents, of any clearance, shall automatically be declassified after twelve (12) months of its drafting or initial possession, whichever is earlier.
§2. The President shall have the power to extend the deadline of automatic declassification of specific documents within thirty (30) days of such deadline by Executive Order if it would prejudice national security, violate some other law or the Terms of Service on the balance of probabilities.
Schedule 1 – Powers to classify documents
The following officials shall have the power to classify executive documents to the following clearance levels:
| Clearance Level | Officials |
|---|---|
| 1 (Subject Matter Clearance) | President |
| Vice President, | |
| Attorney General, | |
| SDBI Director, | |
| Executive Officers of relevant departments, and | |
| Staff of relevant departments | |
| 2 (Department Clearance) | President, |
| Vice President, | |
| Attorney General, | |
| SDBI Director, and | |
| Executive Officers of relevant departments | |
| 3 (State-Wide Clearance) | President |
| Vice President | |
| Attorney General | |
| SDBI Director | |
| 4 (Exempted State-Wide Clearance) | President |
Schedule 2 – Powers to declassify documents
The following officials shall have clearance to declassify classified executive documents of the following clearance:
| Clearance Level | Officials |
|---|---|
| 1 (Subject Matter Clearance) | President |
| 2 (Department Clearance) | President |
| 3 (State-Wide Clearance) | President |
| 4 (Exempted State-Wide Clearance) | President |
Schedule 3 – Powers to access documents
The following officials or persons shall have clearance to access classified executive documents of the following clearance levels:
| Clearance Level | Officials or persons |
|---|---|
| 1 (Subject Matter Clearance) | President, |
| Vice President, | |
| Attorney General, | |
| SDBI Director, | |
| Executive Officers of relevant departments, and | |
| Staff of relevant departments | |
| Any persons granted clearance by the President, Vice President, Attorney General, SDBI Director, Executive Officers of relevant departments, and staff of relevant departments | |
| 2 (Department Clearance) | President, |
| Vice President, | |
| Attorney General, | |
| SDBI Director, | |
| Executive Officers of relevant departments, and | |
| Staff of relevant departments | |
| Any persons granted clearance by the President, Vice President, Attorney General, SDBI Director, and Executive Officers of relevant departments | |
| 3 (State-Wide Clearance) | President, |
| Vice President, | |
| Attorney General, | |
| SDBI Director, | |
| Any persons granted clearance by the President, Vice President, Attorney General, and SDBI Director, either entirely or on a case-by-case basis | |
| 4 (Exempted State-Wide Clearance) | President, |
| Vice President, | |
| Attorney General, | |
| SDBI Director, and | |
| Any persons granted clearance by the President, either entirely or on a case-by-case basis |
Schedule 4 – Statutory close associations
This non-exhaustive table shows which relationships shall always constitute a statutory close association:
| A legal case against the following | Precludes the following from access |
|---|---|
| President | Vice President |
| Vice President | President |
| Attorney General | SDBI Director |
