Department of Defense
INSTRUCTION
NUMBER 5400.04
March 17, 2009
ASD(LA)
SUBJECT: Provision of Information to Congress
References: See Enclosure 1
1. PURPOSE
. This Instruction:
a. Reissues DoD Directive (DoDD) 5400.4 (Reference (a)) as a DoD Instruction in
accordance with the authority in DoDD 5142.01 (Reference (b)).
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.
2. APPLICABILITY AND SCOPE. This Instruction:
a. 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”).
b. 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).
c. 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)).
d. 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
