scope:

PURPOSE.

In accordance with the authority vested in the Secretary of Defense (SecDef) under titles 10 and 50 of the United States Code (U.S.C.) (References (a) and (b)) and Executive Order 12333 (Reference (c)), this Directive:

a. Reissues DoD Directive (DoDD) 3115.09 (Reference (d)) to reflect changes in the law and DoD policy concerning the electronic recording of strategic intelligence interrogations, the use of contract interrogators, and the reading of Miranda warnings to foreign nationals who are captured or detained outside the United States as enemy belligerents.

b. Incorporates and cancels Directive-Type Memorandum (DTM) 09-031 (Reference (e)).

APPLICABILITY.

This Directive applies to:

a. OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff (CJCS) and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (DoD IG), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components").

b. DoD military personnel, DoD civilian employees, and DoD contractor personnel to the extent incorporated in their contracts, who conduct or support intelligence interrogations, detainee debriefings, or tactical questioning.

c. Non-DoD personnel who agree, as a condition of permitting them access to conduct intelligence interrogations, debriefings, or other questioning of persons detained by the DoD, to comply with its terms.

d. Law enforcement, counterintelligence, and credibility assessment personnel who conduct interrogations or other forms of questioning of persons in DoD custody primarily for foreign intelligence collection purposes. Law enforcement, counterintelligence, and credibility assessment personnel who conduct interrogations or other forms of questioning of persons in DoD custody primarily for authorized purposes other than foreign intelligence collection shall comply with section 4 of this Directive and any other laws and policies that apply to law enforcement or counterintelligence interrogations, respectively.