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SCHOOL THESIS

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Under Intelligence Community Directive (ICD) 701, 24 senior officials of the<br />

Intelligence Community (IC) must immediately notify the director of National<br />

Intelligence (DNI) and, if applicable, “law enforcement of any actual or suspected<br />

unauthorized disclosure of classified information, including any media leak, that is likely<br />

to cause damage to national security interests, unless the disclosure is the subject of a<br />

counterespionage or counterintelligence investigation.” 25<br />

Intelligence Community Directive (ICD) 704 establishes policy for sensitive<br />

compartmented information (SCI) and its protection and provides for the ODNI oversight<br />

of the program. Section D.4 allows for temporary access during national emergencies.<br />

Section E lists standards required to be eligible to receive a clearance while Section F<br />

lists exceptions to those standards. 26<br />

Executive Order 13526, Classified National Security Information, provides “a<br />

uniform system for classifying, safeguarding, and declassifying national security<br />

information...” and stresses that “protecting information critical to our Nation’s security<br />

and demonstrating our commitment to open Government through accurate and<br />

accountable application of classification standards and routine, secure and effective<br />

classification are equally important priorities.” 27 All information determined to have the<br />

potential to cause damage to national security is classified under this order.<br />

Department of Homeland Security (DHS) Instruction Handbook 121–01-007<br />

provides direction for the DHS Personnel Suitability and Security Program and<br />

“establishes the procedures, program responsibilities, minimum standards and reporting<br />

24 Office of the Director of National Intelligence, Intelligence Community Directive Number 701:<br />

Security Policy Directive for Unauthorized Disclosures of Classified Information (Washington, DC: Office<br />

of the Director of National Intelligence, 2007), http://fas.org/irp/dni/icd/icd-701.pdf, 4.<br />

25 Jennifer K. Elsea, The Protection of Classified Information: The Legal Framework (Washington,<br />

DC: Congressional Research Service, 2013), 7.<br />

26 Office of the Director of National Intelligence, Intelligence Community Directive Number 704:<br />

Personnel Security Standards and Procedures Governing Eligibility for Access to Sensitive Compartmented<br />

Information and Other Controlled Access Program Information (Washington, DC: Director of National<br />

Intelligence, 2008), http://www.dni.gov/files/documents/ICD/ICD_704.pdf<br />

27 Exec. Order No. 13526.<br />

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