Obama Presidential Policy Directives

Presidential Policy Directives [PPDs]:  Barack Obama Administration

In the Barack Obama Administration, the directives that are used to promulgate Presidential decisions on national security matters are designated as Presidential Policy Directives (PPDs). Presidential Directives used to initiate policy review procedures are called Presidential Study Directives (PSDs).

In May 2013, the Administration issued a previously unknown category of directive known as a Presidential Policy Guidance (PPG). A White House fact sheet describing that classified PPG on counterterrorism operations is here.

 

Number

Presidential Policy Directive
Title

Date

PPD 1 Organization of the National Security Council System

02/13/09

PPD 2 Implementation of the National Strategy for Countering Biological Threats (National Strategy)

11/23/09

PPD 3
PPD 4 National Space Policy (Fact Sheet)

06/29/10

PPD 5
PPD 6 Global Development (Fact Sheet)

09/22/10

PPD 7 National Terrorism Advisory System (NTAS)

01/26/11

PPD 8 National Preparedness

03/30/11

PPD 9
PPD 10 US Ballistic Missile Defenses
PPD 11 [terms of reference for Nuclear Posture Review implementation study]
PPD 12
PPD 13 Political and Economic Reform in the Middle East and North Africa
PPD 14 Procedures Implementing Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Fact Sheet)

02/28/12

PPD 15 Implementation of the Treaty on Open Skies

03/01/12

PPD 16 U.S. Strategy for Sub-Saharan Africa

06/14/12

PPD 17 Countering Improvised Explosive Devices
PPD 18 National Strategy for Maritime Security
PPD 19 Protecting Whistleblowers with Access to Classified Information

10/10/12

PPD 20 U.S. Cyber Operations Policy (Fact Sheet)

10/16/12

PPD 21 Critical Infrastructure Security and Resilience

02/12/13

PPD 22
PPD 23 Security Sector Assistance (Fact Sheet)

04/05/13

PPD 24 [nuclear weapons employment guidance]
PPD 25
PPD 26
PPD 27 United States Conventional Arms Transfer Policy

01/15/14

PPD 28 Signals Intelligence Activities

 

 

U.S. Policy Standards and Procedures for the Use of Force in Counterterrorism

Operations Outside the United States and Areas of Active Hostilities

Since his first day in office, President Obama has been clear that the United States will use all available tools of national power to protect the American people from the terrorist threat posed by al-Qa’ida and its associated forces. The President has also made clear that, in carrying on this fight, we will uphold our laws and values and will share as much information as possible with the American people and the Congress, consistent with our national security needs and the proper functioning of the Executive

Branch.  To these ends, the President has approved, and senior members of the Executive Branch have briefed to the Congress, written policy standards and procedures that formalize and strengthen the Administration’s rigorous process for reviewing and approving operations to capture or employ lethal force against terrorist targets outside the United States and outside areas of active hostilities. Additionally, the President has decided to share, in this document, certain key elements of these standards and procedures with the American people so that they can make informed judgments and hold the Executive Branch accountable.

This document provides information regarding counterterrorism policy standards and procedures that are either already in place or will be transitioned into place over time.  As Administration officials have stated publicly on numerous occasions, we are continually working to refine, clarify, and strengthen our standards and processes for using force to keep the nation safe from the terrorist threat. One constant is our commitment to conducting counterterrorism operations lawfully. In addition, we consider the separate question of whether force should be used as a matter of policy. The most important policy consideration, particularly when the United States contemplates using lethal force, is whether our actions protect American lives.

Preference for Capture

The policy of the United States is not to use lethal force when it is feasible to capture a terrorist suspect, because capturing a terrorist offers the best opportunity to gather meaningful intelligence and to mitigate and disrupt terrorist plots. Capture operations are conducted only against suspects who may lawfully be captured or otherwise taken into custody by the United States and only when the operation can be conducted in accordance with all applicable law and consistent with our obligations to other sovereign states.

Standards for the Use of Lethal Force

Any decision to use force abroad – even when our adversaries are terrorists dedicated to killing American citizens – is a significant one.  Lethal force will not be proposed or pursued as punishment or as a substitute for prosecuting a terrorist suspect in a civilian court or a military commission. Lethal force will be used only to prevent or stop attacks against U.S. persons, and even then, only when capture is not feasible and no other 2 reasonable alternatives exist to address the threat effectively. In particular, lethal force will be used outside areas of active hostilities only when the following preconditions are met:

First, there must be a legal basis for using lethal force, whether it is against a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.

Second, the United States will use lethal force only against a target that poses a continuing, imminent threat to U.S. persons. It is simply not the case that all terrorists pose a continuing, imminent threat to U.S. persons; if a terrorist does not pose such a threat, the United States will not use lethal force.

Third, the following criteria must be met before lethal action may be taken:

  1. Near certainty that the terrorist target is present;
  2. Near certainty that non-combatants will not be injured or killed;
  3. An assessment that capture is not feasible at the time of the operation;
  4. An assessment that the relevant governmental authorities in the country where action is contemplated cannot or will not effectively address the threat to U.S. persons
  5. Assessment that no other reasonable alternatives exist to effectively address the threat to U.S. persons.

Finally, whenever the United States uses force in foreign territories, international legal principles, including respect for sovereignty and the law of armed conflict, impose important constraints on the ability of the United States to act unilaterally – and on the way in which the United States can use force. The United States respects national sovereignty and international law.

U.S. Government Coordination and Review

Decisions to capture or otherwise use force against individual terrorists outside the United States and areas of active hostilities are made at the most senior levels of the U.S. Government, informed by departments and agencies with relevant expertise and institutional roles. Senior national security officials – including the deputies and heads of key departments and agencies – will consider proposals to make sure that our policy standards are met, and attorneys – including the senior lawyers of key departments and agencies – will review and determine the legality of proposals.

These decisions will be informed by a broad analysis of an intended target’s current and past role in plots threatening U.S. persons; relevant intelligence information the individual could provide; and the potential impact of the operation on ongoing terrorism plotting, on the capabilities of terrorist organizations, on U.S. foreign relations, and on U.S. intelligence collection. Such analysis will inform consideration of whether the individual meets both the legal and policy standards for the operation.

Other Key Elements

U.S. Persons. If the United States considers an operation against a terrorist identified as a U.S. person, the Department of Justice will conduct an additional legal analysis to ensure that such action may be conducted against the individual consistent with the Constitution and laws of the United States.

Reservation of Authority. These new standards and procedures do not limit the President’s authority to take action in extraordinary circumstances when doing so is both lawful and necessary to protect the United States or its allies.



Categories: Constitution, Obama

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