§ 159a.81 - Establishment of special access programs.

(a) Procedures for the establishment of Special Access Programs involving NATO classified information are based on international treaty requirements (see DoD Directive 5100.55).

(b) The policies and procedures for access to and dissemination of Restricted Data and Critical Nuclear Weapon Design Information are contained in DoD Directive 5210.2.

(c) Special Access Programs for foreign intelligence information under the cognizance of the Director of Central Intelligence, or those of the National Telecommunications and Information Systems Security Committee originate outside the Department of Defense. However, coordination with the DUSD(P) and the Component's central point of contact is necessary before the establishment or implementation of any such Programs by any DoD Component. The information required by § 159a.80(f)(1) will be provided.

(d) Excluding those Programs and that information specified in paragraphs (a)(1), (2), and (3) of this section, Special Access Programs shall be established within the Military Departments by:

(1) Submitting to the Secretary of the Department the information required under § 159a.80(f)(1).

(2) Obtaining written approval from the Secretary of the Department;

(3) Providing to the DUSD(P) notice of the approval; and

(4) Maintaining the information and rationale upon which approval was granted within the Military Department's central office.

(e) Excluding those Programs and that information in paragraphs (d)(1), (2), and (3) of this section, Special Access Programs that are desired to be established in any DoD Component other than the Military Departments shall be submitted with the information referred to in § 159a.80(f)(1) to the DUSD(P) for approval.

(f) Upon specific written notice to one of the appropriate DoD Special Access Program approval officials, receipt of their written concurrence, protective Special Access Program controls may be applied to a prospective Special Access Program for up to a 6-month period from the date of such notice. However, in all instances, the Program must be terminated as a prospective Special Access Program or formally approved as a Special Access Program by the end of the 6-month time period.

(g) Unless under DoD Directive S-5210.36 37, Special Access Programs which involve one or more DoD Components, or a DoD Component and a non-DoD activity, shall be covered by a written agreement which must document who has the principal security responsibility, who is the primary sponsor of the Program, and who is responsible for obtaining Special Access Program approval.