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DOD D 5400.4

2009 Edition, March 17, 2009

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Provision of Information to Congress

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This Instruction:

Applies to OSD, the Military Departments, the Office of 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, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components").

Does not cover the processing of legislation covered by the Office of Management and Budget (OMB) Circular A-19 (Reference (c)), DoDD 5118.03 (Reference (d)), DoDD 5145.1 (Reference (e)), or DoDD 5500.01 (Reference (f)), including matters relating to appropriations that fall under the cognizance of the Under Secretary of Defense (Comptroller)(USD(C)/Chief Financial Officer (CFO), Department of Defense (USD(C)/CFO).

Nothing in this Instruction should be construed as preventing the Inspector General of the Department of Defense from fulfilling his or her duties pursuant to the Inspector General Act of 1978, as amended, title 5, United States Code, Appendix (Reference (g)).

This Instruction does not apply to the coordination and provision of intelligence and intelligence-related information to Congress by DoD Components, to the extent that the provision of such information is subject to other policies and procedures directed by the President or agreed upon among the Office of the Under Secretary of Defense for Intelligence, the OMB and the Office of the Director of National Intelligence.


This Instruction:

Reissues DoD Directive (DoDD) 5400.4 (Reference (a)) as a DoD Instruction in accordance with the authority in DoDD 5142.01 (Reference (b)).

Implements the policies and procedures of the Department's provision of information, both classified and unclassified, to the Congress, and assigns responsibilities for approving and coordinating responses to requests for information from the Congress.