June 6, 1983 NUMBER 5240.2 Department of Defense Directive °°” SUBJECT: DoD Counterintelligence References: (a) DoD Directive 5240.2, "Department of Defense Counterintelligence," December 18, 1979 (hereby canceled) (b) Executive Order 12333, "United States Intelligence Activities," December 4, 1981 (c) DoD Directive 5240.1, “Activities of DoD Intelli- gence Components that Affect U.S. Persons," December 3, 1982 (d) DoD Directive 5148.11, “Assistant to the Secre- tary of Defense (Intelligence Oversight)," December i, 1982 (e) DoD Directive 5000.19, "Policies for the Manage- ment and Control of Information Requirements," March 12, 1976 A. REISSUANCE AND PURPOSE This Directive: 1. Reissues reference (a). 2. Implements reference (b) as it pertains to the assignment of counterintelligence (CI) responsibilities to the Secretary of Defense and the Military Departments. 3. Establishes and maintains a comprehensive, integrated, and coordinated CI effort within the Department of Defense. 4. Assigns responsibilities for the direction, management, coor- dination, and control of such activities conducted under the authority of reference (b) and this Directive. 5. Establishes the Defense Counterintelligence Board (DCIB). B. APPLICABILITY This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of | Staff (OJCS), the Unified and Specified Commands, and the Defense | Agencies (hereafter referred to collectively as "DoD Components"). C. DEFINITIONS Terms used in this Directive are defined in reference (b), except for the following.
1. Counterintelligence Investigation. The meaning as used in the "Agree- ment Governing the Conduct of Defense Department Counterintelligence Activities in Conjunction with the Federal Bureau of Investigation," between the Attorney General and the Secretary of Defense, April 5, 1979 (hereafter referred to as - the “Agreement"), that is, "the systematic collection of information regarding a person or group which is, or may be engaged in, espionage or other clandestine intelligence activity, sabotage, international terrorist activities or assassina- tions conducted for, or on behalf of, foreign powers, organizations or persons." 2. Counterintelligence Operations. The meaning as used in the "Apreement," that is, “actions taken against hostile intelligence services to counter es- pionage and other clandestine intelligence activities damaging to the national security." D. POLICY It is DoD policy that CI activities shall be: 1. Undertaken to detect, identify, assess, and counter or neutralize the intelligence collection efforts, other intelligence activities, sabotage, terrorist activities, and assassination efforts of foreign powers, organiza- tions, or persons directed against the Department of Defense, its personnel, information, material, and activities. 2. Conducted in accordance with applicable statutes, E.0. 12333 (reference (b)), and other DoD issuances that govern and establish guidelines and restric- tions for these activities. This includes the procedures that are issued under DoD Directive 5240.1 (reference (c)) and that govern, among other things, Ci activities that affect U.S. persons. 3. Conducted in accordance with this Directive, other DoD issuances, and the policy, standards, criteria, and operational guidelines established by the Secretary of Defense or designee. 4. Coordinated within the United States in accordance with the "Agreement" (identified in subsection C.1., above) between the Attorney General and the Secretary cf Defense, and outside the United States with the Director of Central Intelligence. 5. Inspected in accordance with DoD Directive 5148.i1 (reference (d)). E. DELEGATION OF AUTHORITY The Deputy Under Secretary of Defense for Policy (DUSD(P)), under the direc- tion, management, and control of the Under Secretary of Defense for Policy, is delegated the authority to act for the Secretary of Defense in carrying out CI responsibilities assigned by reference (b). F. PROCEDURES To achieve DoD CI objectives, DoD intelligence and CI components authorized by section H., below, shall engage in the following CI activities and functions designed to protect the Department of Defense.
Jun 6, 83 5240.2 1. Conduct CI investigations to detect and neutralize or prevent espionage activities and detect and resolve incidents of foreign-directed sabotage, terror- ist activities, and assassinations. 2. Employ offensive CI operations against hostile foreign intelligence services to identify and exploit hostile agents, lessen the hostile intelligence threat, uncover espionage penetrations of the Department of Defense, and identify hostile intelligence targeting of DoD personnel, information, and resources. 3. Collect, analyze, evaluate, and disseminate information of CI signifi- cance; and prepare studies, estimates, and analyses of (a) foreign intelligence services, their organization, methods of operation, personnel, activities, communications, funding, and support and (b) international terrorism and related security threats to DoD interests. 4. Prepare, in support of DoD operations security programs, studies and analyses of the multidisciplinary intelligence threat posed to the Department of Defense by foreign intelligence services, including systems, targeting, control mechanisms, deployment, and capabilities. G. DEFENSE COUNTERINTELLIGENCE BOARD 1. Organization and Management a. The DCIB shall be chaired by the Director for Counterintelligence and Security Policy, Office of the DUSD(P) (ODUSD(P)). The Director, Counter- intelligence and Investigative Programs, ODUSD(P), shall serve as Executive Secretary. b. The DCIB membership shall include the Assistant General Counsel (International); the Assistant to the Secretary of Defense (Intelligence Oversight); and one representative from each of the Military Department Cl components, the Defense Intelligence Agency (DIA), and the National Security Agency/Central Security Service (NSA/CSS). c. The DCIB shall be supported by subcommittees, with participation from those organizations represented on the DCIB and the OJCS. Chairs of the subcommittees shall be appointed by the Chair, DCIB. 2. Functions. The DCIB shall advise and assist the DUSD(P) on CI matters within the purview of E.0. 12333 (reference (b)) and this Directive. H. RESPONSIBILITIES 1. The Deputy Under Secretary of Defense for Policy shall: a. Exercise policy supervision over and manage DoD CI programs and activities as defined in this Directive. b. Establish policies and procedures for the conduct and administration of DoD CI activities. c. Review and evaluate the CI plans, programs, projects, and activities of the DoD Components.
d. Establish program goals, objectives, standards, and priorities and promulgate planning guidance for DoD resources engaged in Cl. e. Act as program manager for DoD resources included in the DoD Foreign Counterintelligence (FCI) Program; review proposed Military Department and DIA CI resource programs for efficiency and effectiveness; formulate budget estimates for the DoD FCI Program; allocate resources to these programs; review costs, budgets, and financial plans; and evaluate the implementation of approved programs. f. Conduct assessments of the effectiveness of CI support to users, the quality of the CI product, and the effectiveness and efficiency of DoD CI components and systems; review and monitor the progress of offensive CI operations; and approve or refer to the National Security Council (NSC) sensi- tive operations that involve significant policy issues. g. Coordinate DoD CI programs and activities with other U.S. Govern- ment organizations. h. Provide staff support to the Secretary of Defense on NSC matters and provide for DoD representation on national, international, and interdepart- mental boards, committees, and other organizations involved in CI matters. 1. Conduct, or provide for the canduct of, staff inspections of DoD CI components to monitor established programs. j- Assign special tasks to DoD Components as may be necessary to accomplish DoD CI objectives. 2. The Secretaries of the Military Departments shall: a. Provide for the conduct, direction, management, coordination, and contro] of CI activities in accordance with this Directive and E.0. 12333 (reference (b)). b. Maintain, operate, and manage their respective CI components in accordance with the authorities and responsibilities assigned in this Directive and provide personnel, equipment, and facilities that CI tasks require. c. Establish Military Department plans, programs, policies, and pro- cedures to accomplish authorized CI missions. d. Establish and maintain a worldwide CI capability for the purposes outlined in subsection D.1., above. e. Develop CI techniques, methods, and equipment required for CI activities. f. Provide CI support to other DoD Components, U.S. Government organ- izations, and foreign CI and security agencies as provided for in this Directive and reference (b). g. Provide basic and specialized training to CI personnel.
Jun 6, 83 5240.2 h. Submit CI operational data and prepare CI analyses as requested by the DUSD(P). i. Establish and maintain liaison with FCI and security agencies in accordance with policies formulated by the Director of Central Intelligence and as provided in E.0. 12333 (reference (b)) and coordinate Military Depart- ment programs and activities with other U.S. Government organizations. j. Participate on DoD, national, international, and interdepartmental boards, committees, and other organizations involving CI as requested by the DUSD(P). 3. The Director, Defense Intelligence Agency, shall: a. Prepare joint and DoD-level multidisciplinary analyses of foreign intelligence and international terrorist threats to joint and DoD-level military security interests. b. Coordinate the CI production programs of the Military Departments and publish annually a DoD CI production schedule and a DoD CI Publications Registry. c. Ensure that adequate, timely, and reliable CI analysis and production support is provided to the JCS and the Unified and Specified Commands. d. Establish and maintain a DoD CI data base, consistent with DoD Directive 5000.19 (reference (e)), to support the DoD CI production efforts of the DoD Components concerned. e. Participate on DoD, national, international, and interdepartmental boards, committees, and other organizations involving CI as requested by the DUSD(P). f. Provide staff support to the Chairman, JCS, on NSC matters and represent the interests of the Chairman, JCS, on the DCIB. 4. The Director, National Security Agency/Chief, Central Security Service, shall: a. Collect, process, and disseminate signals intelligence information for CI purposes. b. Participate in the production of multidisciplinary intelligence threat analyses as required. c. Participate on DoD, national, and interdepartmental boards, com- mittees, and other organizations involving CI as requested by the DUSD(P). 5. The Heads of DoD Components (except Military Department Secretaries) shall: a. Refer matters of a CI nature involving: (1) Military personnel assigned to their Components to the Military Department concerned for appropriate investigation and disposition. 5
Jun 6, 83 5240.2 (2) Civilian personnel employed by their Components in the United States to the Federal Bureau of Investigation (FBI) and, when overseas, to the Military Department responsible for providing administrative and logisti- cal support. b. Request the Military Departments, DIA, and NSA/CSS to provide CI support and information, as provided in subsections H.2. through H.4., above. c. Notify the DUSD(P) when such referrals or requests are made and a Military Department, Defense Agency, or the FBI declines to provide requested CI support or information. I. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. Existing implementing documents still are adequate; no further implementation is necessary. tary of Defense U.S. GOVERNMENT PRINTING CFFICE: 1983 — 705-002/1701