TOP SECREHHOFORN May 22, 201 3 PROCEDURES FOR APPROVJNG DIR ECT ACTI ON AGAJNST TERRORIST TARG ETS LOCATED O UTSID E THE UN ITED STA TES AN D AREAS OF ACTIV E HOSTILITI ES This Presidential Policy Guidance (PPG) establishes the standard operating procedures for when the United States takes direct acti on, whi ch refers to leth al and non-leth al uses of force, including capture operations. aga inst terrori st targets outside the United States and areas of active hosti Iities. Any direct action must be conducted lawfully and taken against lawful targets; wherever poss ibl e plan. In particul ar, whether any such acti on will be done pursuant to a proposed target would be a lawful target fo r direct action is a determinati on that w ill be made in the first instance by the nominating department's or agency's counse l (with appropri ate lega l rev iew as prov ided below) based on the legal authorities of the nominating department or agency and other applicab le law. Even if the proposed target is lawful , there remains a separate question whether the proposed target should be targeted fo r direct acti on as a matter of policy. That determination w ill be made pursuant to the interagency review process and policy standards set fo rth in thi s PPG. The most important poli cy objective. particularl y info rming considerati on of lethal action, is to protect American li ves. Capture o perations offer the best opportunity fo r meaningful intelligence gain from counterterrorism (CT) operations and the miti gati on and disrupti on of terrorist threats. Co nsequentl y, the United States prioritizes. as a matter of policy. the capture of terrorist suspects as a pre ferred opti on over lethal action and will therefore require a feas ibili ty assessment of capture options as a component of any proposa l for lethal action. Lethal action shoul d be taken in an effort to prevent terrorist attacks against U.S. persons only when capture of an individual is not feas ible and no other reasonable alternati ves ex ist to effecti vely address the threat. Lethal act ion should not be proposed or pursued as a punitive step or as a substitute for prosecuting a terro rist suspect in a civili an court or a military commission. Capture is preferred even in circum stances where neither prosecution nor third-country custody are avail able di sposition options at the time. CT acti ons, including lethal acti on aga inst des ignated terrorist targets. shall be as discrimi nating and precise as reasonabl y possible. Absent extraordinary circumstances, direct acti on against an identified high-value terrorist (HVT) will be taken onl y when there is near certainty that the indiv idual being targeted is in fac t the lawful target and located at th e place where the action wi ll occur. Also absent extraordinary circumstances. di rect action will be taken onl y if there is near certa inty th at the action can be taken without injuring or killing non-combatants. For purposes of this PPG. non-combatants are understood to be indi viduals who may not be made th e obj ect of attack under the law of armed co nflict. The term ·'non-combatant'" does not include an individual who is targetabl e as part of a belli gerent party to an armed confli ct, an individual who is taking a direct part in hostilities, or an indi vidual who is targetab le in the exercise of national se lf-defense. Moreover, international lega l principles. including respect for a state·s sovereignty and the laws of war, im pose important constraints on the ab ility of the Uni ted States to act 'fi@P 8EO~E'fi/H@f'@~l4 TOP SECRET/NOFOR:-t'J unilaterally- and on the way in which the United States can use force - in fo reign territori es. Direct act ion shou ld only be undertake n As renected in the procedures conta ined in this PPG, whenever possible and appro priate, dec isions regard ing direct act io n wi ll be in fo rm ed by departments and agencies with rel evant ex pertise. kno\vlcdge. and equities, • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •. as we ll as by coordinated interage ncy intelli gence ana lysis. uch interagency coordination and consultation will ensure that dec isions on operati onal matters of such im portance are well-in formed and will fac ili catc de-confliction among departments and agencies address ing overlapping threat streams. Such coordination is not intended to interfere with the traditi onal command and control authority of departments and agencies conducting CT operati ons. Lastl y, when considering potential direct action against a U.S. person under thi s PPG, there are additi onal questi ons that must be answered. The Department of Justi ce (DOJ ), for example. must conduct a lega l analysis to ensure th at such action may be conducted against the indi vidual co nsistent with th e laws and Constitut ion of the United States. Based o n the principles and priorities described above. Secti on I sets forth the procedure fo r es tablishing plan fo r taking direct acti on aga inst terrorist targets. Sectio n 2 sets forth the approval process for the capture and long-term dispositio n of suspected terrorists. Section 3 sets forth the po licy standard and procedure fo r des ignating identified HYTs fo r lethal acti on. Secti on 4 sets fo rth the policy standard and procedure for approv ing lethal force aga in st terrorist targets other than identified HVTs. 1 Section 5 sets fo rth the procedures for approving proposals that vary from the pol icy gui dance otherwise set fo rth in thi s PPG. Sec tion 6 sets fo rth the procedure for after-action reports. Section 7 addresses congress ional notification. ecti on 8 sets forth general provisions. S ECTION 1. Procedure for Establishing a Direct Action Aga inst Terrorist Targets Plan for taking I .A Operationa l Plans for Taking Direct Action Against Terrorist Targets Each of the operating agenci es may propose a detail ed operational plan to govern their respective aga inst: ( I) suspected terrori sts who may direct acti on operatio ns be lawfull y detained: (2) identified HYTs who may be lawfull y targeted for lethal actio n; or (3) lawful terrorist targets other than identified HYTs. l.B lnteragency Review of Operational Plans All operational plans to undertake direct acti on operati ons against terrorist targets· · · • • • • • • • • • • must undergo a legal review by the general counscl(s) of the operating 1 This PPG does not address otherwise lawful and properly authorized acti vi ties that may have letha l effects, whi ch arc incidental to th e primary purpose o f the operation. TOP SECRET/t40Fm04 2 TOP SECRETi'l'40FOR1J agency executing the plan, and be submitted to the National Security Staff (NSS) for interagency rev iew. A ll proposed o perational plans must conform to the policy standards set forth in this Section. A ll proposed operatio nal plans to undertake direct action against terro rist targets • • • • • • • • • • • along w ith the conc lus ions o f the Genera l Counsel, sha ll be referred to the NSS Legal Adviser. The NSS Legal Adv iser and the General Co unse l of the propos ing operating agency shall consu lt with other department and agency cou nsels, as necessary and appropriate. The NSS Legal Adviser shall submit the re levant legal conclusions to the Deputies Committee to inform its consideration of the proposed operational plan. A II proposed o pe rati ona l pl ans to undertake d irect ac tio n against terrorist targets· · · · · · · · · · · • • lwill be rev iewed by appropriate me mbers of the Deputi es and Principal s Comm ittees of the National Security Counci l (NSC) (defined in Pres idential Policy Directive- I or any successor directive) before presentation to the Pres ident for dec is ion . 1.C Guidelines for Operational Plans Any o perati onal plan for ta king direct action against terrorist targets · · · · · · · · · sha ll , among other things. indicate with preci sio n: I) The U.S. CT obj ectives to be achieved; 2) The duration of time for w hi ch the auth ority is to remain in force; 3) The international lega l bas is for tak ing action • • • • • 4) The strike and s urvei llance assets that may be employed w hen taking action against an a uthori zed objective; 5) 6) A ny proposed stipulation related to the operationa l plan, inc luding the durat ion of a uthority for such stipu lation ; 7) Any proposed variatio ns from the po licies and procedures set forth in this PPG; and 8) The conditi ons precedent for any operation, w hich s ha ll inc lude at a minimum the following: (a) near certainty that an identified HVT o r other lawful terroris t target other than ar.1 identified HVT is present; (b) near certa inty that non-combatants w ill not be in)ured or . kill ed: (c) - and (d) 1f letha l force is being employed : (i) an assessment that capture is no t fea sible at the time o f the operation ; (ii) an assessment that the re levant governmenta l au thoriti es in the country where actio n is contemplated canno t or w ill no t effecti ve ly address the threat to U.S. persons; and (iii) an assessment that no othe r reasonabl e a lternati ves to letha l action exist to effecti vely address the threat to U.S. persons. : Operational di sagree ments Principals. The President will adj udi cate any disagreement among or between Principals. 3 shall be eleva1ed to TOP SECRET/~JOFOR~J 1.D Additional Requ irements When Requesting Authority for Directing Lethal Force Against Targets Other Than Identified HVTs When requesting authority to direct lethal force against terrorist targets other than identified pl an shall also include the fo llowing: HYTs, the I) Th e types of targets that wou ld qualify as appropriate targets pursuant to Secti on 4 (Terrorist Targets Other Than Identified HYTs) for purposes of the proposed operati onal plan; and 2) A description of the operating agency' s internal process for nominating and approv ing the use of lethal force against terrorist targets other than identified HYTs. l.E Policies and Procedures The operating agencies shall establi sh harmonized policies and procedures for assess in g: I) ear certainty that a lawful target is present; 2) ear certainty that non-combatants will not be injured or killed: and 3) With respect to a proposal to take direct acti on against terrori st targets other than identified HVTs, whether the target qua lifies pursuant to the policy standard set fo rth in Secti on 4.A of thi s PPG and in the specific operational plan. l.F When Using Lethal Action, Employ All Reasonably Available Resources to Ascertain the Identity of the Target When the use of lethal action is deemed necessary, departments and agencies of the United States Government must employ all reasonabl y available resources to ascertain the identity of the target so that action can be taken , for exampl e. against identified HYTs in accordance with ection 3 of this PPG. Verifyin g a target's identity before taking lethal acti on ensures greater certainty of outcome that lethal action has been taken against identifi ed I IVTs who satis fy the policy standard for leth al action in Section 3. A. 1.G Principals and Deputies Review of Operational Plans for Taking Direct Action Against Terrorists Targets • • • • • • • • • • • • • • • When considering a proposed operati onal plan, Principa ls and Deputies shall evaluate the foll owing issues, al ong with any others th ey deem appropriate: I) The irnpl ications for the broader regional and international political interests o f the United States; and 2) For an operational plan that includes the opti on of lethal force against targets other than identified HVTs, an explanation of why authoriz ing direct action against targets other than identified HYTs is necessary to achieve U.S. policy objectives. 4 TOP SECREHt'qQfOR~q l.H Presentation to the President I ,H, I If the Principal of the nominating operating agency, after review by Principal s and Deputi es, continues to s upport the operational plan , the plan sha ll be presented to the Pres ident for decisio n, along with the v iews expressed by departments and agencies during the NSC process, I ,l-L2 An appropriate NSS o fficial will communicate, in writing, the President's decision, including any term s or condition s placed on any approval. to appropriate departments and agencies, 1.1 Amendments or Modifications to Operational Plans Except as described in Section 5, any amendments or modifications to an approved operati onal sha lI undergo the same rev iew and a pprova l plan fo r direct action process outlined in this Section. SECTION 2. Approval Process for Certain Captures and the Long-Term Disposition of Certain Suspects This Section sets forth the approva l process for nom inating for capture s uspected terrori sts or indi v iduals providing operationa l support to suspected terrori sts (in this section, together referred to as "suspects"); proposal s to take custody o f suspects. including pre- a nd post-capture and scrcc111 ng: dete rmining a long-term dis position for suspects. Unl ess otherwise approved in an operational plan under Section I. the SS shall coordinate fo r interagency review under this PPG, as described be low, the fol lowing: ( I) operations inte nded to resul t · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · (2) operati ons that result in United States Governme nt perso nne l taking custody (through a capture or transfer) 3 of a s uspect located overseas and outside areas of acti ve host ii ities; and (3) long-term disposition deci sions with respect to such sus pects. The involvement of United States Government personne l in extraditions or transfers initiated for the purpose o f prosecuti on in civ ilian court or those scena rios to whi ch PPD-14 applies (i.e., circumstances in which an individual is arrested or otherwise taken into custod y by the Federal Bureau of Investi gati on 4 (FB I) o r another Federal law enforcement agency) are not covered by this PPG. Captures and Transfers by Foreign Governments: These procedures do not apply to U.S . law enforcement requests fo r fore ign governments to arrest or otherwise take into custody a s uspect ' "Custody:· as referred to here. it is an ti cipated that the United States Government will have temporar) or transitory custody o f the individual(s) without the presence o f officials of the foreig n government maintai ning custody of the detainee(s). ~Consistent with existing policy and practice. DOJ wil l. as appropriate. continue to noti fy the 1 SS. through the Counterterrorism Security Group (CSG). of plans to arrest. or seek the extrad ition or transfer of. a suspected terrorist. and where appropriate (e.g.. to consider other potential disposition options) the SS. in consul tation with DOJ, may arrange for interagency consideration of a req uest for extrad ition or transfer. TQP iSISESR:IST:'l'IQFQR:l'J 5 TOP SECRET~qQfORN or to United States Government provision of training, funds, or equipment to enable a foreign government to capture a suspect. These procedures also do not apply to non-law enfo rcement United States Government requests to capture a suspect who will remain in the custody of the foreign government or to the provision of actionable intelligence to enable such captures. Every 6 months, departments and agenc ies shalI notify the NSS of any requests made of a forei gn government to capture a suspect in the preceding 6 months. Unless covered by th e exceptions above or otherwise inc luded in an operational plan under Section I, if United States Government capture a suspect. personne l or an operati on is intended to result in Un ited States Government personn el taking custody of a suspect. the department or agency must submit a proposal through the NSS fo r interagency review. Operational plans may include additi onal conditions requ iring interagency review of capture operations in volving United States Government personnel, depending on the poli cy consideration of the particular country or region in which the operations would occur. If United States Government personnel are expected· · · · · • • • • • • • • • • • • • • • • • • to capture or transfer suspects in a particular country or region on an ongoi ng basis. the depanm ent or agency invol ved should seek to include a proposed plan for such activities in the operat ional plan approved under Section I. 2.A Nomination Process 2.A. I Any department or agency participating in the Deputies Comm ittee review in Section 2. D may identify an individual for considerati on, but onl y an operating agency or DOJ ("nominating agenc ies'' for purposes of Section 2 of this PPG) may forma lly request that a suspect be considered for captu re or custody by U.S . personnel. Add itiona lly, a department or agency that has captured a suspect, or that plans to capture or otherwise take custody of a suspect, shall , whenever practicable, propose a long-term dispos ition for such indi vidual. Prior to requesting that an individua l be considered for capture or custody by the United States, the nominating agency must confirm with its General Co unse l that the operation can be conducted lawfully, but it is not necessary to have reso lved the long-term di sposition pl an prior to proposing a capture operati on. 2.A.2 Whenever possible, the nomin ating agency shall notify the lnteragency Disposition Planning Group prior to such a request. 2.A.3 A nomination for custody, including capture, or a proposed long-term di sposition under Section 2. A. I shall be refe rred to the NSS, which shall initiate the screening process described in Section 2.8. 2.A.4 In the event initial screening under ection 2. B has not taken place pri or to U.S. personnel taking custody of a suspect. the process for screening after capture described in ection 2.C shall be initiated. I T9P 9ES9REST:'tJ9F9RlJ 6 1'8P ~E@ftE1'/t48P8ftH 2.B Screening Prior to a Capture Operation 2. 8.1 The nominating agency shall prepare a profil e for each suspect referred to the NSS for review of a proposal to capture or otherwise take custody of the indi vidua l. The profile shall be developed based upon all relevant dissemi nated information available to the Inte lligence Community (IC), as well as any other in format ion needed to present as comprehensive and thorough a profil e of the individual as possible. The profil e should explain any difference of views amo ng the IC and note. where appropriate, gaps in existing intelli gence. as we ll as inconclusive and contradictory intelli gence reports. At a minimum, each individual profi le shall include the fo llow ing in fo rmation to the extent that such information ex ists: • 2.B.2 Once the profi le has been comp leted. the nominating agency shall provide the profile to the NSS Senior Director for Counterterrorism. 2. 8 .3 Whenever tim e permits, the lnteragency Di spos ition Planning Group shall assess the avail ab ility. inc luding the strengths and weaknesses, of potential di spositi on opti ons. 2.B.4 All nominations under thi s Secti on for capturing or otherwise taking a suspect into custody must undergo a lega l review by the General Coun sel of the nominating agency to determine that the suspect may lawfully be captured or taken into custody by the United States and that the operation can be conducted in accordance with applicab le law. T he Genera l Counse l's conc lusions shall be referred to the NSS Lega l Adviser. The NSS Legal Adv iser and the General Counse l of the nominating agency shalI consult with other department and agency counsels. as necessary and appropriate. In addition. in the event that the suspect who has been 7 +OP gcci;a.c+:'t'IOFOR1'1 0 nominated is a U.S. person, DOJ shall conduct a legal analysis to ensure that the operation may be conducted consistent with the laws and Constitution of the United States. The NSS Legal Adviser shall submit the relevant lega l conclusions to the Deputies Committee to in form its considerati on of the nomination. 2.B.5 The NSS shall convene a Restricted Counterterrorism Security Group (RCSG) 6 for the purpose of revi ewing and organi zing material and addressing any issues related to the nomin ati on of an individual for capture, custody, or long-term disposition. Before forward ing to the Deputi es the nomination of a suspect for capture or to otherwise be taken into custody, the RCSG shall ident ify whether any other material is needed for Deputies' consideration of the nomination and issue taskings to departm ents and agencies. as appropriate. For each nomination. the N Swi ll request. and the ati onal Counterterrorism Center (NCTC) shall conduct. an assessment of the suspect and provide that assessment to the SS prior to considerati on of the nomination or proposed long-term disposition by the Deputies Committee, and where feasible. prior to RCSG review. The SS will be responsible for ensuring that all necessary materials. including the profile developed by the nominating agency and the CTC assessment, are included in the nomination package subm itted to Deputies. 2.C Screening After Capture 2.C. I Whenever feasible. initial screening by the United States of suspects taken into U.S. custody should be conducted before th e Un ited States captures or otherwise takes custody of the suspect, as set out in Sect ion 2. B. 2.C.2 In the event initial screening cannot be co nducted before the United States takes custody of the individual. immediately after capturing or otherwise taking custody of the suspect, appropriate U.S. personnel shall screen th e indi vidual to ensure that the correct indi vidual has been taken into custody and that the individual may be lawfull y detained. Such screening shall be conducted consistent with the laws and policies applicable to the authorities pursuant to which th e individual is being detained. and 2.C.3 2.C.4 In the event that the suspect is detained pursuant to law of war authoriti es by the U.S. military and add iti onal time is needed for purposes of intelli gence co llection or the development of a long-term di sposition option. the Secretary of Defense or his designee, fo llowing appropri ate interagcncy consultations coordinated th rough the NSC process, may approve an exten sion of the subject to the fol lowing: screen in g period " The RCSG shall be c haired by the SS Sen ior Director for Co unterterrorism and s hall incl ude the fo ll owing depart ments and agencies : the Department of State, the Department o f the Treasury, DOD, DOJ , the Departmelll of llo rne land Security (DH S) . C ir\ . Joint Chi e fs o f Sta ff(JCS). and CTC. Addi ti ona l departments and agen cies may parti c ipate in the RCSG meetings. as appropriate. 8 TOP SECREH?JOFOR~J I) The suspect's detention musl be consistent with U.S. law and policy, as we ll as all applicable international law; 2) 3) The International Committee of the Red Cross mu st be notified of. and provided timel y access to, any suspect held by the U.S. military pursuant to law of war authorities; and 4) When possible and consistent with the primary objective of collecting intelligence, intelligence will be collected in a manner that preserves the avai labi lity of long-term di spos iti on opti ons, including prosecution. 2.D Deputies Review 2.D. I A nomination or disposition package for capture. custody, or long-term dispos ition forwarded to the Deputies shall include the fo llowing: I) The profile , produced by the nominating agency pursuant to Section 2. B. I, for the suspect or suspects proposed for capture or long-term dispos ition; 2) Any assessment produced by NCTC pursuant to Section 2.B.5; 3) If appropriate, a descripti on of the planned capture and screening operation and • • • • • • • • • • • operational plan under which the capture would be conducted: 4) The department(s) or agency or agencies that would be responsible fo r carrying out lh e proposed operation, if not already conducted: 5) A summary of the legal assessment prepared under ection 2.B.4: and 6) An assessment. including the strengths and weaknesses. of potential long-term di sposition opti ons. 2.D.2 The Deputies of the Department of State, the Treasury, DOD, DOJ, DI-IS, the Office of the Director of National Intelligence (DN I), . , CIA, JCS, , NCTC , and any other Deputies or official s a Deputy ational Security Advi sor (D SA) may in vite to participate, sha ll promptly consider whether to recommend to the Principal of the nominating agency that a capture operation be conducted in the context of the proposed pl an at issue, that the United tales Government otherwise take custody of the individual , or that a particular long-term dispositi on option be pursued. 2.D.3 When considering a proposed nomination. the Deputies shall evaluate the following issues, and any others deemed appropriate by the Deputies: TOP SECRET/NOFORl4 9 l'OP 8ECRE'FMOPORH I) Whether the suspect's capture would further the U.S. CT strategy; 2) The implications for the broader regional and international political interests of the United States; 3) Whether the proposed action would interfere with any intelligence collection or comprom ise any intelli gence sources or methods: 4) The proposed plan for the detention and interrogati on of the suspect; 5) The proposed plan to capture the suspect, including the feasibility of capture and the risk to U.S . personnel; 6) In the event that transfer to a third party or country is anticipated, the proposed plan for obtaining humane treatment assurances from any country; 7) The long-term dispositi on opti ons for the individual; and 8) 2. D.4 When considering the long-term dispositi on of a suspect who is already in U.S. custody, or whom a department or agency has already been authorized to capture or take into custody, the Deputies' discuss ion shall be guided by the fo ll owing principles: I) Whenever possibl e, third-country custody opti ons that are consisten t wi th U.S. national security should be explored: 2) Wh ere transfer to a third country is not feasible or consistent with U.S . national security interests. the preferred long-term disposi tion option for suspects captured or otherwise taken into custody by the United States will be prosecution in a civ ili an court or, where available, a military commiss ion. Consistent with that preference, wherever poss ible and consistent wi th the primary objective of co llecting intelligence. intel li gence wi ll be coll ected in a manner that all ows it to be used as evidence in a criminal prosecution: and 3) In no event wi ll additional deta inees be brought to the detenti on fac ilities at the Guantanamo Bay Naval Base. Following consideration and di scussion by the Deputi es. departments and agenc ies shall submit the fin al positi ons of their Principals within a tim efram e consistent with operational needs. 2.E Presentation to the President and the Principal of the Nominating Agency 2.E. I If the nominating age ncy, on behalf of its Principal, continues to support tak ing action, a D SA shall inform the President of the views expressed by departments and agencies. As appropriate, the nomination shall be presented to the President for a decision or the nomination will be provided to the Principal of the appropriate operating agency for a decision. along with any views ex pressed by the President. TOP SECR:ETi't~OFOR:t~ 10 2.E.2 An appropri ate SS official wi ll communicate in writing the decision taken. including any terms or conditions placed on such decis ions, to the Deputi es who participated in the Deputies Committee review of the nominati on. SECTION 3. Policy Standard and Procedure for Designating Identified HVTs for Lethal Action 3.A Policy Standard for the Use of Lethal Action Against HVTs Where the use of lethal action against I IVTs has been authorized • • • • • • • • • • • • an indi vidual whose identity is known wi ll only be eligibl e to be targeted. as a policy matter. . if cons istent with the requiremenls of the approved operati onal pl an the individual' s activities pose a continuing. imminent threat to U.S. persons. 3.8 Necessary Preconditions for Taking Lethal Action Lethal action requires that the indi vidual may lawfully be targeted under existing authorities and that any conditions established in the appropriate operational plan. including those set forth in ection I .C.8, are met. The preconditions set forth in Secti on I .C.8 for th e use of lethal force are as fo ll ows: (a) near certainty that an identifi ed HVT is present; (b) near certainty that nonc1o1m1b1at1a1nt1s1w1i.ll 1\o(tdb)e injured or kille d: (c) . " "bl h . f . J( ) ; an assessment t1rnt capture 1s not 1eas1 eat t e tim e o t11e opc rall on; c an assessment that the relevant governmental authorities in the country where acti on is contemplated cannot or will not effectively address the threat to U.S. persons; and (f) an assessment that no other reasonabl e alternatives to letha l action ex ist to effecti vely address the threat to U.S. persons. l 3.C Interagency Review Process 3.C. I Any department or agency participating in the Deputies Committee review in Section 3.D may identi fy an individual for con siderati on. but only the operating agencies (also known as the .. nominatin g agencies"' for purposes of Secti on 3 of thi s PPG) may formally propose that an individual be nominated for lethal acti on fo ll owing confirmation from the Genera l Counse l of the nominating agency that the individual would be a lawful target. 3.C.2 The nominating agency sha ll prepare a profile fo r each individual nominated for lethal action. T he profile shall be deve loped based upon al l re levant disseminated information available to the IC. as well as any other informati on needed to present as comprehens ive and thorough a profile of the indi vidual as poss ibl e. The profile shall note. where appropriate, gaps 7 Operationa l di sagreements are to be e levated to Principals. The Pres ident wil l adjudicate any disagreement a mo ng or between Principals. 8 This process is designed to review no minations o f indi vid uals o nl y whe re the capture o r any indi v idual at issue is not feasible . If. at a ny po int during o r afte r the approval process capture appears feasibl e, a capture optio n in accordance w ith Section 2 of this PPG (or the relevant o peratio na l plan ) sho uld be pursued . If the indi v idual has alread y been approved fo r lethal acti o n w he n a capture o ptio n becomes feas ible. the ind ividua l sho uld be referred to the rss Senio r Director fo r Counte rte rro ris m and unde rgo an expedited Deputies review foc used o n identi fy ing di spositio n o ptio ns . 11 TOP SECRETR'qQfOR~q in existing intelligence, as well as inconclusive and contradi ctory intelligence reports. At a minimum , each individual profile shall include a summary of all relevant di ssemin ated intelligence required to determine whether the policy standard set forth in Section 3.A for lethal acti on against HYTs has been met, and include the fo llowing in fo rmation to the extent that such information is available: 3.C.3 The NSS shall convene a meeting of the RC G fo r the purpose of rev iewing and organiz ing material. and address ing any iss ues. re lated to the nomin ati on of an individual for lethal action. 3.C.4 Before forwarding the nominati on of an identified HVT fo r lethal action to Deputi es. the RCSG shall idcnti fy other materials needed fo r Deputies ' consideration of the nomination and shall issue such task ings to departments and agencies. as appropri ate. For each nomination. the SS wi ll request. and NCTC shall conduct. an assessment of the nomination and provide that assessment to the NSS prior to considerati on of th e nominati on by the Deputi es Committee, and where feasible prior to RCSG rev iew. The NSS wi ll be responsible for ensuring that all necessary materi als. including the profile developed by the nominating agency and the NCTC assessment. arc included in the nomination package submitted to Deputies. 12 3.C.5 All nominations for lethal action must undergo a legal review by the General Counsel of the nominating agency to ensure that the action contemplated is lawful and may be conducted in accordance with applicable law. The General Counsel' s conclusions shall be referred to th e NSS Legal Adviser. In all events. the NSS Legal Adv iser and the Genera l Counsel of the nominating agency shall consult with DOJ. The SS Legal Adviser and the General Counsel of the nominating agency shall also consult with other interagency lawyers depending on the particular nom inati on. Jn additi on. in the event that the indi vidual proposed for nomination is a U.S . person, DOJ shall conduct a legal analys is to ensure that lethal action may be conducted against that indi vidual consistent with the laws and Constitution of the United States. The NSS Legal Adv iser shall submit the relevant legal conclusions to the SS Seni or Director for Counterterrorism for inclusion in the nomination package to be submitted to Deputies. 3.C.6 If the proposal may be conducted lawfu ll y, the nominati on shall be referred to a DNSA, or another appropriate NSS offic ial , to facilitate consideration by the Deputies Committee. 3.D Deputies Review 3.0. 1 Upon completi on of a nomination package, the NSS shall fo1ward the nomin ati on package to the Deputies Co mmittee for consideration. A standard nomination package to be fo1warded to the Deputies shall include, at a minimum , the fo llowing: I) The profile , produced by the nominating agency pursuant to Secti on 3.C.2, for the individual proposed for lethal action; 2) The assessment produced by CTC pursuant to Section 3.C.4; 3) A description operati onal pl an to which the nominati on would be added. incl uding the time frame. if any. in which the operation may be executed: 4) The operating agency or agencies that would be responsible for conducting the proposed lethal acti on; 5) A summary of the lega l assessment; and 6) The determinations made by the nominating agency that capture is not currentl y feasible and that the relevant governmental authoriti es in the country where acti on is contemplated cannot or will not effectively address the threat to U.S. persons, as we ll as th e underl ying analysis fo r those determ inations. 3.D.2 The Deputies of the Depa11ment of State, DOD, JCS, DOJ. DI IS. D I, CIA, and NCTC shall promptly con sider whether to recommend to the Principal of the nominating agency that lethal acti on be taken aga inst the proposed indi vidua l in the context· · · · · · · · · · ope rational plan at issue. shall participate in the review process as observers. A D A may invi te Deputies or other offi cial s to parti cipate as appropriate. Following consideration and discussion by the Deputies. departments and agencies sha ll submit to the NSS the final pos itions of their Principals within a timeframe consistent wi th operati onal needs. TOP 6ECRET1~JOFOR~4 13 TOP SECRET~JOFOR~J 3.0.3 When considering each proposed nominati on, the Deputi es shall eva luate the fo ll owing issues. and any ochers deemed appropriate by the Deputies: 1) Whether the Deputies can conclude with confi dence that che nom inated indi vidual qualifies under the policy standard in Section 3.A for lethal acti on, taking into account credible in formati on that may cast doubt on such a conclusion; 2) Whether the threat posed by the individual to U.S . persons can be minimized through a response short of lethal action: 3) The impli cations for the broader regional and internati onal political interests of the United States; 4) Whether the proposed acti on would interfere with any intelligence coll ecti on or compromise any intelligence sources or methods; 5) Whether the indi vidual, if captured , would likely result in the collection of va luable intelligence, notwithstanding an assessment that capture is not currentl y feas ible: and 6) 3.E Presentation to the President and the Principal of the Nominating Agency 3.E. l The Pri ncipal of the nominating agency may approve lethal action aga inst the pro posed ind ividual if: ( I) the relevant Principa ls un animously agree that leth al action should be taken against the proposed individual. and (2) the Principal of the nominating agency has notifi ed the Pres ident through a DNSA of hi s intenti on to approve leth al action and has received notice from a DNSA that the President has been appri sed of that intention. The Principal of the nominating agency may not delegate hi s authority to approve a nominati on. 3.E.2 ominati ons shall be presented to the President fo r decision, along with the views expressed by departments and agencies during the process, when: ( I) the proposed individual is a U.S . person, or (2) there is a lack of consensus among Principals regarding the nomination, but the Principal of the nominating agency continues to support approv ing the nomination. 3.E.3 In either case. an appro priate NSS offici al w ill communicate in writing the decis ion, includ ing any term s or conditi ons placed on any approva l. to the Deputies who participated in the Deputies Committee rev iew of the nominati on. 3.F Annual Review; · · · · · · · · · 3.F. l The NSS, in conjuncti on with the nominating agency. shall coordinate an annual revi ew of • • • • indi viduals authorized fo r possibl e lethal action to evaluate whether the intelli gence quali fy for lethal action under co ntinues to support a determination that the indi vidua ls the standard set fo rth in Secti on 3.A. The SS shall refe r the necessary in formation for the TQP fSIS~JllST:'l'IQFQ~H'I 14 annual review to the Deputies for consideration. Following Deputies re\'iew. the infonnatiou. along. with any recoUllllendations from Deputies. shall be forwarded to the Principal of the nominating agency for re\·iew. A separate leg.a l 1e\·iew will be conducted. as approp1iate. An appropriate official from each nominating agency sliall infom1 a DNSA of what action. if any. the Principal of the nominating. agency takes in response to the re\·iew. 3.F.2 The Deputy of any depai1ment or agency pa11icipating in the Deputies Committee review fo r in Section 3.D may propose at auy time that an indiYidual be lethal acti on. In the ewut that such a proposa l is made. NCTC shall update the IC-coordinated profile for the indi\·idual at issue and. as appropriate. the Deputies shall consider whether to propose that the indiYidual be remoYed by the Principal of the nominating agency. 3.F.3 Following consideration and discussion by the Deputies in accordance with 3. F. l or 3.F.2. depa11ments and agencies shall submit the fwal positions of their Principals within an appropriate timeframe detemlined by the NSS . ECTIO:\ .t. Policy Standard and Procedure for· Approving Lethal Force Again'it Terrori5t Targets Other Than Identified H\'Ts .t.A Policy Standard for Directing Lethal Fo1·ce Against Terrorist Targets Other Than Identified HVTs Thi -. St?cti on applil''- to thl' direction nfkthal fon~l' ~!,11111111~!~~!! • • • • • • • • • • •.l'..!.lllbl I 1 ltd kll"l l 1111!..!1..'h -,111..h .h 111;111111..·d 01 unma1med \"ehicle Borne lmptl1\ hCd Lxpkh l\ e Dences 01 infrastrnct ure. includmg explosi\·es storage fac il ities. \\ 11e1e an opernting agency has been authorized to tak e direct actwn auai11-.t te1 w 1i-..t 1:11 u.ch l1thc1 than 1d1..' 11t1tied If\"T-, . -,uch a teno11-,t taiget may be acted aga 11bt as a poltc) matte1. consistent \\·ith the 1equiremcnb of the . 1fthl' target J)l)'>t''> a Clmt1n11111g.. muninl'nt .1pprl)\ed l)Jh:'1atil)JJal plan threat to U.S. person:. . 1 \ .t.B :\ecessa r y Preconditions for Directing Lethal Force l"nder This ection Directing lethal force under this Section requires that: (1) the target may lawfully be targeted and that any conditions established in the appropriate operational plan. including those set forth in Section l.C.8. are met. The preconditions set fot1h in Section l. C.8 for the use of lethal force are as fo llows: (a) near certainty that a lawful te1rnrist target other than an identified H\'T is p1ec,ent: (b) near certainty that non-combatant '> \\'ill not be injmed or killed: (c) ==============i·'~ ' 1~. l~IJ~I~1~1.~·~11~1<.~'ll: tJ1\I tli1..• 11..'k\ '. !~\<.'I llllll..'111 ,tl in the country wht>1e actwn 1-, contemplated camwt L)J \\ tll not effect!\ el) add1e-,-, the ,Ill( autho 11t1e~ Q np... 1.111n11.tl P1111..:tp.ih • h -t..!lc'.:'lllc..'111- The Pt c>t