scope:

PURPOSE.

By the authority vested in the Secretary of Defense 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:

Reissues DoD Directive 3115.09 (Reference (d)).

Consolidates and codifies existing DoD policies, including the requirement for humane treatment during all intelligence interrogations, detainee debriefings, or tactical questioning to gain intelligence from captured or detained personnel.

Incorporates and cancels Under Secretary of Defense for Intelligence (USD(I)) Memorandums (References (e) and (f)) and Deputy Under Secretary of Defense for Counterintelligence and Security Memorandum (Reference (g)).

Provides classification guidance to protect intelligence sources and methods, including the identities of interrogators, detainee debriefers, interpreters, other interrogation support personnel, and detainees who are subject to interrogations and debriefings.

Assigns responsibilities for intelligence interrogations, detainee debriefings, tactical questioning, and supporting activities. (See Enclosure 2.)

Establishes the requirement to report violations of applicable law or policy relating to intelligence interrogations, detainee debriefings, or tactical questioning for which there is credible information. (See Enclosure 3.)

APPLICABILITY.

This Directive applies to:

OSD, the Military Departments, the Chairman of the Joint Chiefs of Staff 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 Department of Defense (hereafter referred to collectively as the "DoD Components").

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.

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 Department of Defense, to comply with its terms.

Law enforcement and counterintelligence personnel who conduct interrogations or other forms of questioning of persons in DoD custody primarily for foreign intelligence collection purposes. Law enforcement and counterintelligence 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 paragraphs 3.a. and 3.b. of this Directive and any other laws and policies that apply to law enforcement or counterintelligence interrogations, respectively.