81 FR 94213 - Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations

Executive Office of the President

Federal Register Volume 81, Issue 247 (December 23, 2016)

[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Presidential Documents]
[Pages 94213-94214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31213]




                        Presidential Documents 



Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / 
Presidential Documents

[[Page 94213]]


                Memorandum of December 5, 2016

                
 Steps for Increased Legal and Policy 
                Transparency Concerning the United States Use of 
                Military Force and Related National Security Operations

                Memorandum for the Heads of Executive Departments and 
                Agencies

                Since my earliest days in office, I have emphasized the 
                importance of transparency and my commitment to making 
                as much information as possible available to the 
                Congress and the public about the United States use of 
                military force and related national security 
                operations. Doing so, I believe, not only supports the 
                process of democratic decision making, but also 
                demonstrates the legitimacy and strengthens the 
                sustainability of our operations while promoting mutual 
                understanding with our allies and partners.

                The United States has used military force and conducted 
                related national security operations within legal and 
                policy frameworks that are designed to ensure that such 
                operations are lawful and effective and that they serve 
                our interests and values. Consistent with my commitment 
                to transparency, my Administration has provided to the 
                public an unprecedented amount of information regarding 
                these frameworks through speeches, public statements, 
                reports, and other materials. We have attempted to 
                explain, consistent with our national security and the 
                proper functioning of the executive branch, when and 
                why the United States conducts such operations, the 
                legal basis and policy parameters for such operations, 
                and how such operations have unfolded, so that the 
                American people can better understand them.

                In addition to the efforts we have made to date, there 
                is still more work that can be done to inform the 
                public. Thus, consistent with my Administration's 
                previous efforts, by this memorandum I am directing 
                national security departments and agencies to take 
                additional steps to share with the public further 
                information relating to the legal and policy frameworks 
                within which the United States uses military force and 
                conducts related national security operations. 
                Accordingly, I hereby direct as follows:

                Section 1. Report. National security departments and 
                agencies shall prepare for the President a formal 
                report that describes key legal and policy frameworks 
                that currently guide the United States use of military 
                force and related national security operations, with a 
                view toward the report being released to the public.

                Sec. 2. Keeping the Public Informed. On no less than an 
                annual basis, the National Security Council staff shall 
                be asked to, as appropriate, coordinate a review and 
                update of the report described in section 1 of this 
                memorandum, provide any updated report to the 
                President, and arrange for the report to be released to 
                the public.

                Sec. 3. Definitions. For the purposes of this 
                memorandum:

                    ``National security departments and agencies'' 
                include the Departments of State, the Treasury, 
                Defense, Justice, and Homeland Security, the Office of 
                the Director of National Intelligence, the Central 
                Intelligence Agency, and such other agencies as the 
                President may designate.

[[Page 94214]]

                    ``Related national security operations'' include 
                operations deemed relevant and appropriate by national 
                security departments and agencies for inclusion in the 
                report described in section 1 of this memorandum, such 
                as detention, transfer, and interrogation operations.

                Sec. 4. Publication. The Secretary of State is hereby 
                authorized and directed to publish this memorandum in 
                the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 5, 2016

[FR Doc. 2016-31213
Filed 12-22-16; 8:45 am]
Billing code 4710-10-P