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

This December 2016 memorandum directs national security departments and agencies to prepare a public report describing legal and policy frameworks governing U.S. military force and related national security operations, with annual updates coordinated by the NSC staff. It aims to institutionalize transparency practices developed during the Obama administration regarding counterterrorism and national security operations.

Federal Register Open PDF 81 FR 94213

Impact dates

Date TBD
Initial report preparation by national security departments and agencies
Dec 5, 2017
Annual review and update of report by NSC staff

Key directives

National security departments and agencies shall prepare a formal public report on legal and policy frameworks for U.S. military force and related national security operations
NSC staff shall coordinate annual review and update of the report, provide to President, and arrange public release
Secretary of State shall publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Memorandum issuance and Federal Register publication

Near term (90d)

Initial report preparation by national security departments and agencies

Long term

Annual review and update cycle for public transparency reports
Potential institutionalization of transparency practices for future administrations

Risks & tensions

No enforcement mechanism or consequences for non-compliance specified
Vague qualifier 'as appropriate' in Section 2 may weaken annual update obligation
'Related national security operations' definition delegates significant discretion to agencies
Effectiveness depends heavily on willingness of successor administration to continue practice
Potential tension between transparency goals and classified information protections