[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR159a.39]

[Page 833-834]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 159a--INFORMATION SECURITY PROGRAM REGULATION--Table of Contents
 
                   Subpart F--Safekeeping and Storage
 
Sec. 159a.39  Activity entry and exit inspection program.

    (a) Policy. (1) Commanders and heads of activities shall establish 
and maintain an inspection program to deter and detect unauthorized 
introduction or removal of classified material from DoD owned or leased 
installations and facilities. This program does not replace existing 
programs for facility and installation security and law enforcement 
inspection requirements.
    (2) The inspection program shall be implemented in a manner which 
does not interfere unduly with the performance of assigned missions.
    (3) The inspection program shall be implemented in a manner which 
does not significantly disrupt the ingress and egress of persons who are 
employees of, or visitors to, defense installations and facilities.
    (4) Inspections carried out under this program shall be limited to 
the extent feasible to areas where classified work is being performed, 
and cover only persons employed within, or visiting, such areas.
    (5) Inspections carried out under this program shall be performed at 
a sufficient frequency to provide a credible deterrent to those who 
would be inclined to remove classified materials without authority from 
the installation or facility in question.
    (6) The method and frequency of such inspections at a given 
installation or facility is at the discretion of the commander or head 
of the installation or facility, or other designated official. Such 
inspections shall conform to the procedures set forth in the following:
    (i) Inspection Frequency. (A) Inspections may be aperiodic, that is, 
at irregular intervals.
    (B) Inspections may be accomplished at one or more designated entry/
exit points; they need not be carried out at all entry/exit points at 
the same time.
    (C) Inspections may be done on a random basis using any standard 
which may be appropriate, for example, every third person; every tenth 
person; every hundredth person, at the entry/exit point(s) designated.
    (D) Inspections at a particular entry/exit point(s) may be limited 
as appropriate to various periods of time, for example, one week, one 
day, or one hour.
    (E) Inspections shall be conducted at all entry/exit points after 
normal duty hours, including weekends and holidays, on a continuous 
basis, if practicable.
    (b) Inspection Procedures and Identification. (1) Inspections shall 
be limited to that which is necessary to determine whether classified 
material is contained in briefcases, shoulder or handbags, luggage, 
athletic bags, packages, or other similar containers being removed from 
or taken into the premises. Inspections shall not be done of wallets, 
change purses, clothing, cosmetic cases, or other objects of an 
unusually personal nature.
    (2) DoD Components shall provide employees who have a legitimate 
need to remove classified material from the installation or activity 
with written or printed authorizations to pass through designated entry/
exit points. (See Sec. 159a.59(f)) This may include:
    (i) The authorization statements prescribed in Sec. 159a.59.

[[Page 834]]

    (ii) If authorized in Component instructions, wallet-size cards 
which describe in general terms the purpose(s) for authorizing the 
employee to remove classified material from the facility (for example, 
use at meetings or transmission to authorized recipients).
    (3) Inspectors are to ensure that personnel are not removing 
classified material without authorization. Where inspectors determine 
that individuals do not appear to have appropriate authorization to 
remove classified material, they shall request such individual to obtain 
appropriate authorization before exiting the premises. If, due to the 
circumstances, this is not feasible, the inspector should attempt to 
verify by telephone the authority of the individual in question to 
remove the classified material with the employing office. When such 
verification cannot be obtained, and if removal cannot be prevented, the 
inspector shall advise the employing office and appropriate security 
office as soon as feasible that classified material was removed by the 
named individual at a particular time and without apparent 
authorization.
    (4) If the employing office determines that classified material was 
removed by one of its employees without authority, it shall request an 
investigation of the circumstances of the removal by appropriate 
investigative authorities. Where such investigation confirms a violation 
of security procedures, other than espionage or deliberate compromise, 
for which Sec. 159a.50 applies, appropriate administrative, 
disciplinary, or legal action shall be taken.