December   1,    1982 
NUMBER  5143.11 
Department  of  Defense  Directive 
ASD(C) 
t   • 
References 
< 
Assistant  to  the  Secretary  of  Defease  (Intelligence 
Oversight) 
(a)  DoD  Directive  5100.82,  "Inspector  General  for 
Intelligence ,N  December  23,  1980  (hereby 
canceled) 
(b)  Title  10,  United  States  Code,  Section  133(d) 
(c)  Executive  Order  12333,  '"United  States  Intelli- 
gence Activities"  December  4,  1981 
(d)  DoD  Directive  5240.1,  "Activities  of  DoD 
Intelligence  Components  that  Affect  U.S. 
Persons,"  December  3,  1982 
(e)  DoD  5240. 1-R,  "Procedures  Governing  the 
Activities  of  DoD  Intelligence  Components  ■ 
that  Affect  United  States  Persons,"  December  7, 
1982 
authorised  by  reference  (d) ,  above 
(f)  Executive  Order  12334,  "President's  Intelli- 
gence Oversight  3oard,"  December  4,  2931 
(g)  DoD  Directive  5240.2,  "Department  of  Defense 
Counterintelligence,"  December  18,  1979 
(a)  Public  Law  95-452,  Inspector  General  Act  of 
1973 ,  as  amended 
A.   PEHPOSE 
This  Directive  replaces  reference  (a) ,  which  est  xblished  the 
position  of  Inspector  ~eue; al  for  Intelligence  in  the  OfjCxce  of  the 
Secretary  of  Defense  under  the  authority  of  reference  (b).  That 
official  hereafter  shall  carry  the  title  of  Assistant  to  the 
Secretary  of  Defense  (Intelligence  Oversight)  (ATSD(IC)),  with 
responsibilities,  functions,  and  authorities  as  provided  herein. 
B.  APPLICABILITY 
Hiis  Directive  applies  to  the  Office  of  the  Secretary  of 
Defense,  the  Military  Departments,  the  Organization  of  the 
Joint  Chiefs  of  Staff,  the  Unified  and  Specified  Commands,  and 
the  Defense  Agencies  (hereafter  referred  to  as  "DoD  Components") . 
C.  DETDflTIOKS 
Terms  aopiicable  to  this  Directive  are  defined  in  references 
(c),  (d),  and  (e).
.4 
D.    szsmsisiirnss  and  fpsctions 
Under  the  direction,  authority,  and  control  of  the  Secretary  of  Defense , 
the  ATSD(IO)  shall  be  responsible  for  the  independent  oversight  of  all  in- 
telligence activities  in  the  Oepartaent  of  Defense.   In  this  capacity,  the 
ATSD(IO)  shall  ensure  that  all  intelligence  activities  are  conducted  in  com- 
pliance with  (1)  federal  lav  and  other  lavs  as  appropriate;  (2)  Executive  Orders 
and  Presidential  directives;  and  (3)  DoD  policy  directives.  The  term  "propriety4* 
hereinafter  relates  to  the  standards  for  intelligence  activities  promulgated  in 
(2)  and  (3>»  above.  In  the  execution  of  this  responsibility,  Che  ATSD(IO)  shall 
perfera  the  following  functions: 
1.  Review,  in  consultation  with  the  General  Counsel,  DoD,  all  allegations 
that  raise  questions  of  legality  or  propriety  of  intelligence  activities  in  the 
Department  of  Defense . 
2.  Conduct  investigations  of  intelligence  activities  that  raise  questions 
of  legality  or  propriety. 
3.  Conduct  vigorous  and  independent  inspections  of  DoD  Components  that 
engage  in  intelligence  activities  for  the  purpose  of  verifying  that  personnel 
are  familiar  and  in  compliance  with  E.O.  12333  (reference  (c))  and  its  DoD 
implementing  documents. 
4.  Monitor  investigations  and  inspections  by  DoD  Components  related  to 
intelligence  activities,  evaluate  the  findings,  and,  if  appropriate,  submit 
recommendations  for  corrective  action  to  Che  Deputy  Secretary  of  uci&cse. 
5.  In  consultation  with  the  General  Counsel,  DoD,  report  at  least 
quarterly  to  che  Deputy  Secretary  of  Defense  and  the  President's  Intelligence 
Oversight  Board,  established  under  £.0.  12334  (reference  (f)): 
a.  Any  significant  oversight  activities  undertaken;  and 
b.  Any* DoD  intelligence  activities  of  questionable  legality  or 
propriety,  che  -.nves tigative  action  thereon,  aa  evaluation  of  completed  in- 
vestigations, and  the  action  taken  on  completed  investigations. 
6.  Participate  as  a  neaber  of  Che  Defense  Counterintelligence  Board 
(DoD  Directive  5240.2,  reference  (g)). 
7.  Coordinate,  as  appropriate,  with  che  DoD  Inspector  General  (DoD  IG)  on 
matters  relating  to  the  DoD  IG's  area  of  responsibility  in  accordance  with 
?.L.  95-452  (reference  (a)). 
8.  Perform  such  other  functions  as  the  Secretary  of  Defense  may  assign. 
E.  AUTHORITIES 
In  the  exercise  and  performance  of  assigned  responsibilities  and  functions 
described  in  section  D.,  above,  the  ATSD(IO),  or  designee,  is  hereby  delegated 
authority  to: 
"1.   Deal  directly  with  the  head  of  che  element  inspected  or  investigated, 
conduct  interviews,  take  depositions,  and  examine  records,  as  required.
D«c   1,    32 
5148. ii 
2.  Havo  complete  and  unrestricted  access   co  any  and  all  available  in* 
talligance-reiated  information,   regardless  of  classification  or  coopartaenta- 
tian,   from  all  DoO  Components  aad  personnel,  as   required.     This   includes 
specifically  tfca  authority  (a)  en  require  aa  Inspector  General  or  other 
ccfTT-i ysnt  investigative  official  of  a  DoO  Component  to  report  allegations  of 
improprieties  or  illegalities  of  intelligence  activities  by  or  within  a  DoO 
Component  and  (b)  to  obtain  information  on  the  status,  proceedings,   and  findings 
or  to  obtain  copies  of  reports  of  investigations  or  inspections  of  such  allega- 
tions. 
3.  Obtain,  such  temporary  assistance  as  auy  be  required  from  other  DoO 
Components,   including  personnel,   facilities,   and  other  services',    for  the 
conduct  of  inspections  or  investigations.     Requests   for  personnel  augaentation 
shall  be  mMde  in  accordance  with  established  procedures. 
4.  Comaunicate  directly  with  the  Secretaries  of  the  Military  Departaents , 
the  Chairaaa  of  the  Joint  Chiefs  of  Staff,    the  Directors   of  the  Defense  Agencies, 
the  Inspectors  General,   or  other  investigative  officials  having  cognisance 
over  DoO  Components,   and  the  Coraanders   of  the  Unified  and  Specified  Comma ads , 
•    after  notifying  the  Joint  Chiefs  ox  -Staff. 
5.  Comauaicate  directly  vita  the  President's   Intelligence  Oversight 
.'  Board,   the  Director  of  Central  Intelligence,   and  all  other  goverraent  agencies 
.,    participating  in  interdepartaeatal  prograns   for  which  the  ATSD(IQ)   has  been 
assigned  prisary  cognizance. 
F.  AZ2UH1ST5ATI0H 
a 
The  ATSD(IO)  shall  report  directly  Co  the  Deputy  Secretary  of  Defease. 
G.  ZTTZCttVz,  DATS 
This  Direct: /e  is  effective  iaoediacely. 
' 
irlucci 
Deputy  Secretary  of  Defease