§ 159a.85 - Reporting of special access programs.

(a) Report of Establishment. Reports to the Secretary of the Military Department or the DUSD(P) required under § 159a.81 for Special Access Programs shall include:

(1) The responsible department, agency, or DoD Component, including office identification;

(2) The codeword and/or nickname of the Program;

(3) The relationship, if any, to other Special Access Programs in the Department of Defense or other government agencies;

(4) The rationale for establishing the Special Access Program including the reason why normal management and safeguarding procedures for classified information are inadequate;

(5) The estimated number of persons granted special access in the responsible DoD Component; other DoD Components; other government agencies; contractors; and the total of such personnel;

(6) A summary statement pertaining to the Program security requirements with particular emphasis upon those personnel security requirements governing access to Program information;

(7) The date of Program establishment;

(8) The estimated number and approximate dollar value, if known, of carve-out contracts that will be or are required to support the Program; and

(9) The DoD Component official who is the point of contact (last name, first name, middle initial; position or title; mailing address; and telephone number).

(10) A security plan and appropriate security classification guide and notification that a proper DD Form 254, “Contract Security Classification Specification,” has been issued to contractors participating in the Program.

(b) Annual Reports. DoD Component annual reports from other than the Military Departments to the DUSD(P) shall be submitted not later than January 31 of each year, showing the changes in information provided under paragraph (a) of this section, as well as the date of last review. Annual reports shall reflect actual rather than estimated numbers of carve-out contracts and persons granted access and shall summarize the results of the inspections and audits required by § 159a.82(a). Reports from the Military Departments which have approval authority will summarize the required reviews which have been conducted during the year by the central offices, to include details and numbers of carve-out contracts associated with approved Special Access Programs and their overall security posture and numbers of approved Programs by type. Additionally, the Military Department Secretaries authorized to approve such Programs shall furnish a name listing, by unclassified nickname if practicable, or approved Special Access Programs under their cognizance, and they will report any changes to the listing as they occur pursuant to the notification requirements of § 159a.81(d)(3), that is, additions, deletions, and corrections to the DUSD(P). The effective date of information in the annual reports shall be December 31.

(c) Termination Reports. The DUSD(P) shall be notified upon termination of a Special Access Program.