Memorandum on Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations
Issued 2016-12-05 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum directs national security departments and agencies to prepare a formal report describing the legal and policy frameworks that guide how the United States uses military force and conducts related national security operations. The goal is to release this information to the public. The memorandum also requires that this report be reviewed and updated at least annually, with updated versions provided to the President and released to the public.
The action affects multiple government agencies including the Departments of State, Defense, Justice, Homeland Security, the Treasury, the Office of the Director of National Intelligence, and the Central Intelligence Agency. These agencies must work together to compile information about when and why the United States conducts military operations and related activities such as detention, transfer, and interrogation operations.
This matters because it aims to increase public understanding of how the government makes decisions about using military force. The memorandum states that providing this information supports democratic decision-making, demonstrates the legitimacy of U.S. operations, and promotes mutual understanding with allies and partners. It represents an effort to share more information with Congress and the American people about national security operations within the limits of protecting classified information and the proper functioning of the executive branch.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations") provides direction to executive branch agencies. The stated purpose: "that such operations are lawful and effective and that they serve our interests and values." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2016 Memorandum on Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations December 5, 2016 Memorandum for the Heads of Executive Departments and Agencies Subject: Steps for Increased Legal and Policy Transparency Concerning the United States Use of Military Force and Related National Security Operations 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 decisionmaking, 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 unpr