Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter I - Office of the Secretary of Defense |
SubChapter E - Regulations Pertaining to Military Justice |
Part 159a - INFORMATION SECURITY PROGRAM REGULATION |
Subpart K - Security Education |
§ 159a.73 - Termination briefings.
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(a) Upon termination of employment, administrative withdrawal of security clearance, or contemplated absence from duty or employment for 60 days or more, DoD military personnel and civilian employees shall be given a termination briefing, return all classified material, and execute a Security Termination Statement. This statement shall include:
(1) An acknowledgment that the individual has read the appropriate provisions of the Espionage Act, other criminal statutes, DoD regulations applicable to the safeguarding of classified information to which the individual has had access, and understands the implications thereof;
(2) A declaration that the individual no longer has any documents or material containing classified information in his or her possession;
(3) An acknowledgement that the individual will not communicate or transmit classified information to any unauthorized person or agency; and
(4) An acknowledgement that the individual will report without delay to the FBI or the DoD Component concerned any attempt by any unauthorized person to solicit classified information.
(b) When an individual refuses to execute a Security Termination Statement, that fact shall be reported immediately to the security manager of the cognizant organization concerned. In any such case, the individual involved shall be debriefed orally. The fact of a refusal to sign a Security Termination Statement shall be reported to the Director, Defense Investigative Service who shall assure that it is recorded in the Defense Central Index of Investigations.
(c) The security termination statement shall be retained by the DoD Component that authorized the individual access to classified information for the period specified in the Component's record retention schedules, but for a minimum of 2 years after the individual is given a termination briefing.