Bill: Ratified National Defense and Security Act

[multiman155]

Sponsor: Multi Man
Type: Act of Parliament

A
BILL
TO
PROVIDE FOR NATIONAL DEFENSE AND SECURITY​

Preamble: This Act places national defense under civilian command and parliamentary oversight and lets Districts establish and fund their own National Guards. It provides for joint defense while keeping a reserve under each Mayor, compensates District equipment losses in national service, and protects state secrets while preserving parliamentary access and lawful reporting.

1. Short Title and Enactment
(a) This Act may be cited as the "National Defense and Security Act".
(b) This Act comes into force upon Royal Assent.

2. Interpretation
(a) "District" means a territorial District governed by a Mayor.
(b) "Military-system requirements" means the current rules administered by responsible server staff for manpower, equipment, basing, supplies, upkeep, and combat outcomes. "Manpower" means contracted simulated troops and crews.
(c) Parliamentary decisions under this Act require a simple majority.

3. National Guard
(a) The Azalean National Guard continues as the national military force, with its land, naval, and air operations under one command.

4. Civilian authority
(a) The Prime Minister directs the National Guard, administers this Act's national security functions, and is accountable to Parliament.
(b) The Prime Minister may delegate powers under this Act to the Minister of State unless law requires personal action. The Minister must follow the Prime Minister's lawful directions.
(c) Delegations, amendments, and revocations must be public and in writing, stating their scope and effective time. A delegation attaches to the office of Minister of State until amended or revoked.
(d) References to the Prime Minister include the Minister of State acting within that delegation, except for the personal approval required by section 5(c).

5. General
(a) The General commands the National Guard under the Prime Minister and may organize its units, plan operations, and prepare defenses.
(b) The Prime Minister appoints the General, who serves at the Prime Minister's pleasure.
(c) The Minister of State must obtain the Prime Minister's express and specific approval to remove or replace a serving General, including through an acting appointment.

6. War
(a) Declaring or ending a war requires a proposal from the Prime Minister, approval by Parliament, and a declaration by the Crown, in that order. A war proposal must name the enemy and state the war's purposes and limits. A declaration ending a war must identify the war and state when it ends, no earlier than the declaration's issue.
(b) During that war, the Prime Minister may authorize missions against the named enemy within its approved purposes and limits.
(c) Continuing the same fighting after the war ends requires parliamentary approval covering the postwar mission.

7. Operations and parliamentary control
(a) The Prime Minister may authorize foreign noncombat deployments of the National Guard.
(b) Outside section 6's war authority, the Prime Minister may authorize a combat operation for up to 30 days, subject to section 6(c). The period begins with the earliest deployment, reassignment, or combat action for the operation. An emergency converted under section 8(c) counts from the emergency operation's start. Continuing the same operation does not restart the period.
(c) Parliament may approve continued combat or emergency operations until the specified mission's completion or revocation of approval.
(d) Parliament may terminate any operation under sections 6–8 or call-up under section 11. Termination takes effect on passage or at a later time set by Parliament. It binds later orders concerning the same operation or call-up.
(e) When an operation's authority ends, the National Guard may continue combat only as necessary to withdraw safely.
(f) Operations under sections 7 and 8 have Parliament's advance advice and consent and, upon Royal Assent, the Crown's standing authorization.
(g) Dissolution or a change of government does not suspend deadlines or revoke parliamentary decisions under this Act.

8. Immediate defense and civil assistance
(a) The Prime Minister may authorize immediate necessary defense against an actual or imminent armed attack on Azalea or its lawfully deployed forces. An on-scene commander may act first if delay would be unsafe and must promptly inform the Prime Minister.
(b) The Prime Minister must notify the Crown and Parliament within 24 hours after action begins.
(c) Authority under paragraph (a) expires 72 hours after action begins unless Parliament approves continuation under section 7(c) or the Prime Minister converts the operation under section 7(b) before then.
(d) Domestic noncombat military assistance is limited to disaster relief and logistics coordinated with civilian authorities. Military appointments grant no police, prosecution, or judicial powers.

9. District Guards and cooperation
(a) A District may establish a District National Guard by ordinance with approved funding and notice from its Mayor to the Prime Minister. The District funds its Guard, including procurement, bases, and upkeep.
(b) Districts may build and operate military bases within their boundaries, subject to ordinary land, building, and material-sourcing laws.
(c) Mayors may agree in writing to joint training, disaster relief, or logistics in a participating District using forces under their respective commands. A lawful national call-up takes priority over the agreement.

10. District command
(a) The Mayor is commander-in-chief of forces under District command.
(b) The Mayor may appoint a District Commander to direct daily operations under the Mayor's lawful orders. The Commander serves at the Mayor's pleasure.

11. National service
(a) Nationalization places the designated District forces under national operational command while their equipment remains District property. Their service requires both a call-up under this section and lawful authority for the assigned mission.
(b) For a declared war, the Prime Minister may issue a written call-up naming the war, forces, and purpose within the approved war authority.
(c) Other call-ups and their renewals require an order of the Crown on the Prime Minister's advice and may support any military function permitted by this Act. Each order must identify the forces, purpose, and period of up to 30 days.
(d) When national service ends, command returns to the Mayor. The General and the District Commander (or the Mayor if no Commander is appointed) must arrange the forces' safe return.
(e) When its war ends, an active wartime call-up may continue only for necessary protection and safe handover until command returns to the Mayor or 72 hours pass, whichever is earlier.

12. District reserve
(a) Throughout each uninterrupted period of nationalization, the District Guard must retain within its home District, under the Mayor's command, at least 20% of its recognized manpower immediately before the first call-up, rounded up to a whole number.
(b) The reserve must retain enough usable equipment and supplies for local defense, disaster relief, and logistics.
(c) The Mayor selects the equipment and supplies. Either the Mayor or General may refer the General's unresolved objection to the Crown, which must decide it under paragraphs (a) and (b).
(d) The General must restore any manpower shortfall in the reserve by returning available District manpower as soon as safe, and the Mayor must replace the remainder.

13. Military administration
(a) Player service is voluntary and limited to senior military appointments, including the General and any senior posts created under the General.
(b) During a vacancy or temporary absence, the Prime Minister may appoint an Acting General, and the Mayor an Acting District Commander. The office's powers, duties, eligibility, and removal rules apply to its acting holder.
(c) The Prime Minister decides reductions or furloughs needed to keep nationally commanded forces affordable; the Mayor decides for locally commanded forces. Before reducing or furloughing District forces in national service, the Mayor must obtain their release from the Prime Minister, who must consider the request promptly with the Mayor and General.

14. Military-system requirements
(a) Military manpower, equipment, facilities, and operations must comply with military-system requirements.
(b) The Mayor for District resources and the Prime Minister for national resources may adjust spending plans within approved funds using recorded military-system requirements. Changes to military-system requirements do not amend supplier contracts.

15. Budgets, procurement, and compensation
(a) Before committing to acquire or replace manpower, equipment, facilities, or base capacity, the responsible authority must have funds for the full cost, including construction and pre-service charges, and one full cycle of each upkeep cost from entry into service. Budget plans must include later costs.
(b) Available supplies may meet material requirements. Funds and supplies must not be counted toward more than one commitment.
(c) National spending under this Act comes from the Ministry of State's allocated budget.
(d) The Prime Minister may authorize withholding procurement information from the public under the Government Contracts Act 2.0 only when necessary to protect state secrets or secret weapons development classified under section 16. Written approval must identify the information and explain the need for secrecy. For a District purchase, the Mayor must request that approval.
(e) During a war under section 6, the Prime Minister may authorize procurement reasonably necessary for urgent wartime needs within approved funds. Paragraphs (f) through (k) replace the waiting periods in Government Contracts Act 2.0 sections 4(a), 4(b), and 5(a)(i) and prior Cabinet approval under section 5.
(f) The Prime Minister must immediately notify Cabinet and Parliament of the commitment and any conflict of interest.
(g) Parliament must vote and declare the result within 48 hours of the first commitment. Approval replaces Cabinet approval.
(h) Before the supplier accepts, the contract must state its provisional status, approval deadline, and cancellation and payment terms under paragraphs (i) and (j).
(i) Rejection or failure to approve by the deadline ends unperformed obligations and bars further orders under the commitment. A replacement contract to continue the commitment requires parliamentary approval.
(j) On cancellation under paragraph (i), the contracting authority must pay for properly supplied goods and work, plus reasonable, documented cancellation costs that cannot be avoided or recovered. Payment must exclude profit on unperformed work and duplicate charges.
(k) The end of a war does not change the approval deadline or payment and cancellation obligations for commitments under paragraph (e).
(l) The Azalea Isles must compensate Districts for extraordinary equipment damage or loss caused by national service under section 11. Compensation is the reasonable current cost of repairing or replacing the equipment to restore equivalent capability. It excludes ordinary upkeep and manpower restoration under section 12(d).
(m) For peacetime losses, payment is due within 30 days after the Prime Minister, Minister of State, General, Mayor, or District Commander first learns of the loss. For wartime losses, payment is due within 60 days after the war ends under section 6.
(n) The Prime Minister must arrange payment. A funding shortfall or dispute does not reduce the debt or extend the deadline.
(o) Within 24 hours of learning that the Ministry of State's allocation is insufficient to pay compensation, the Minister must request the shortfall from Parliament. Parliament must vote and declare the result within 48 hours of receiving the request. Approval adds the requested amount to the Ministry's allocation for that compensation.
(p) On receiving notice under paragraph (f) or a request under paragraph (o), the Speaker or lawful acting Speaker must open voting immediately, without a separate motion. This procedure and the deadlines in this section apply during recess and prevail over conflicting parliamentary procedure laws and rules.

16. Intelligence and classification
(a) The Ministry of State is responsible for foreign national security intelligence, with the General responsible for military intelligence.
(b) The Ministry of State may assess foreign and domestic threats using public or voluntarily supplied information and refer suspected crimes to the Ministry of Justice. The Ministry of Justice retains criminal investigations and, domestically, covert investigations, searches, and compulsory collection under its existing powers and safeguards.
(c) The Prime Minister may authorize covert foreign intelligence collection and analysis in writing. These operations must not involve sabotage or other aggression.
(d) The Prime Minister may classify only information whose public disclosure could reasonably be expected to cause serious harm to national defense, lawful intelligence operations or sources, or secret weapons development. A written decision must identify the information and explain the expected harm. Redaction must be used where sufficient. Classification must not be used merely to conceal illegality, waste, or embarrassment.
(e) Classification expires after 60 days or sooner if it no longer meets paragraph (d)'s test. The Prime Minister may renew it before expiration by a new decision under paragraph (d), starting another 60-day period.

17. Access, reporting, and oversight
(a) Every Member of Parliament is entitled to prompt access to military records and national security intelligence records under this Act without executive clearance. Members must protect confidential information obtained through this access from unauthorized disclosure.
(b) Despite this Act's confidentiality duties, a person may confidentially report conduct they reasonably believe is unlawful to the Ministry of Justice or Speaker of Parliament, including protected information reasonably necessary to explain it.
(c) Parliament may require an independent audit of the Ministry of State and appoint the auditor.
(d) Classified information supporting votes under section 15 may be withheld from public records.

18. Transition
(a) Existing lawful appointments, property, funds, contracts, debts, records, rights, liabilities, claims, and proceedings continue. Conduct before enactment remains governed by the law then applicable.
(b) Existing lawful war declarations and parliamentary mission approvals continue. Time before enactment counts toward this Act's applicable limits.
(c) Existing classifications must satisfy section 16. The compensation entitlement in section 15 applies to losses occurring after enactment.

19. Amendments
(a) Add the following paragraph to section 5 of the Governing Structure Act:

(f) Appointment, replacement, and removal of the General are governed by the National Defense and Security Act.

(b) Section 7(a)(viii) of the Governing Structure Act is replaced with:

(viii) Organizing and facilitating government tenders programs.

(viii) Organizing and facilitating government tender programs, except District military tenders under the National Defense and Security Act.

(c) Section 11(a)(v) of the Governing Structure Act is replaced with:

(v) Operating and managing the National Guard.

(v) Exercising defense and national security functions delegated by the Prime Minister under the National Defense and Security Act.

(d) Add the following section after section 7 of the Government Contracts Act 2.0:

8. District military contracts

(a) This Act applies to District Guard and military-base contracts under the National Defense and Security Act. In sections 4, 5, and 6, references to the administering Minister and Ministry mean the Mayor and District, respectively, except for Cabinet participation under section 5(a)(ii).

(e) Add the following paragraph to section 1 of the Azalea Sourcing Act:

(c) For materials tendered solely for a District military base under the National Defense and Security Act, the Mayor or Mayor's designee performs the Ministry of Economic Affairs' functions under paragraphs (a) and (a)(ii).

(f) Add the following section after the new section 8 of the Government Contracts Act 2.0:

9. Military procurement exceptions

(a) The military procurement exceptions in section 15(d) through (k) of the National Defense and Security Act apply to this Act. For cancellations under section 15(i) of that Act, payment under its section 15(j) replaces the formula in section 6(b) of this Act.

(b) Statutory compensation under section 15(l) of that Act is excluded from this Act. Related repair, replacement, and settlement contracts remain subject to it.

(g) Add the following subparagraph to section 3(c) of the Freedom of Information Act:

(i) National security classification of information about functions under the National Defense and Security Act must comply with section 16 of that Act, subject to the access and reporting rights in section 17.​

(h) Add the following paragraph after section 6(n) of the New Criminal Code Act:

(o) Unauthorized Disclosure of a State Secret

(i) Offense Type: Felony.​

​

(ii) Penalty: Jail time of up to 20 minutes and a fine of up to $10,000.​

​

(iii) A person commits this offense if:​

​

(1) The information was entrusted to them through public office, employment, or a government contract, or they obtained it through their own theft, bribery, or coercion constituting another offense under this Act;​

​

(2) The information was lawfully classified under section 16 of the National Defense and Security Act at the time of disclosure;​

​

(3) They deliberately disclosed it to an unauthorized recipient, knowing the disclosure was unauthorized; and​

​

(4) They were aware of a substantial and unjustified risk that disclosure would cause serious harm to national defense, lawful intelligence operations or sources, or secret weapons development.​

​

(iv) This offense excludes disclosures protected by law, including reports under section 17(b) of the National Defense and Security Act.​

(i) Add the following paragraph after section 1(i) of the Budget Act:

(j) Compensation-funding requests and supplemental allocations under section 15(o) of the National Defense and Security Act are governed by that paragraph instead of paragraphs (a) and (c) through (i) of this section.

(j) Add the following paragraph to section 9 of the Local Representation Act:

(b) The National Defense and Security Act prevails over conflicting provisions of this Act concerning District National Guards.

20. Repeals
(a) The Azalean Defense Act, as amended, is repealed.

 

[Kingdom of Regalis]

"By the authority invested the in Kingdom of Regalis, and in the loyal people of Azalea Isles, I hereby declare the National Defense and Security Act to be law in the Isles, with the full force of enactment."
- Queen Eleanora of the Kingdom of Regalis

Law In-Force: TBD