issue-2009-01-27•Federal Register executive orders — 2009-01-27
Federal Register executive orders — 2009-01-27
issue-2009-01-27Federal Register executive orders — 2009-01-27Executive Order
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FR Doc. E9-1895 Review of Detention Policy Options
[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Presidential Documents]
[Pages 4901-4902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1895]
Presidential Documents
Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 /
Presidential Documents
[[Page 4901]]
Executive Order 13493 of January 22, 2009
Review of Detention Policy Options
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, in order to develop policies for the
detention, trial, transfer, release, or other
disposition of individuals captured or apprehended in
connection with armed conflicts and counterterrorism
operations that are consistent with the national
security and foreign policy interests of the United
States and the interests of justice, I hereby order as
follows:
Section 1. Special Interagency Task Force on Detainee
Disposition.
(a) Establishment of Special Interagency Task
Force. There shall be established a Special Task Force
on Detainee Disposition (Special Task Force) to
identify lawful options for the disposition of
individuals captured or apprehended in connection with
armed conflicts and counterterrorism operations.
(b) Membership. The Special Task Force shall
consist of the following members, or their designees:
(i) the Attorney General, who shall serve as Co-Chair;
(ii) the Secretary of Defense, who shall serve as Co-Chair;
(iii) the Secretary of State;
(iv) the Secretary of Homeland Security;
(v) the Director of National Intelligence;
(vi) the Director of the Central Intelligence Agency;
(vii) the Chairman of the Joint Chiefs of Staff; and
(viii) other officers or full-time or permanent part-time employees of
the United States, as determined by either of the Co-Chairs, with the
concurrence of the head of the department or agency concerned.
(c) Staff. Either Co-Chair may designate officers
and employees within their respective departments to
serve as staff to support the Special Task Force. At
the request of the Co-Chairs, officers and employees
from other departments or agencies may serve on the
Special Task Force with the concurrence of the heads of
the departments or agencies that employ such
individuals. Such staff must be officers or full-time
or permanent part-time employees of the United States.
The Co-Chairs shall jointly select an officer or
employee of the Department of Justice or Department of
Defense to serve as the Executive Secretary of the
Special Task Force.
(d) Operation. The Co-Chairs shall convene meetings
of the Special Task Force, determine its agenda, and
direct its work. The Co-Chairs may establish and direct
subgroups of the Special Task Force, consisting
exclusively of members of the Special Task Force, to
deal with particular subjects.
(e) Mission. The mission of the Special Task Force
shall be to conduct a comprehensive review of the
lawful options available to the Federal Government with
respect to the apprehension, detention, trial,
transfer, release, or other disposition of individuals
captured or apprehended in connection with armed
conflicts and counterterrorism operations, and to
identify such options as are consistent with the
national security and foreign policy interests of the
United States and the interests of justice.
[[Page 4902]]
(f) Administration. The Special Task Force shall be
established for administrative purposes within the
Department of Justice, and the Department of Justice
shall, to the extent permitted by law and subject to
the availability of appropriations, provide
administrative support and funding for the Special Task
Force.
(g) Report. The Special Task Force shall provide a
report to the President, through the Assistant to the
President for National Security Affairs and the Counsel
to the President, on the matters set forth in
subsection (d) within 180 days of the date of this
order unless the Co-Chairs determine that an extension
is necessary, and shall provide periodic preliminary
reports during those 180 days.
(h) Termination. The Co-Chairs shall terminate the
Special Task Force upon the completion of its duties.
Sec. 2. General Provisions.
(a) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(b) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 22, 2009.
[FR Doc. E9-1895
Filed 1-26-09; 11:15 am]
Billing code 3195-W9-P
Complete official Federal Register PDF
FR Doc. E9-1893 Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities
[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Presidential Documents]
[Pages 4897-4900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1893]
Presidential Documents
Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 /
Presidential Documents
[[Page 4897]]
Executive Order 13492 of January 22, 2009
Review and Disposition of Individuals Detained At
the Guant[aacute]namo Bay Naval Base and Closure of
Detention Facilities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, in order to effect the appropriate disposition
of individuals currently detained by the Department of
Defense at the Guant[aacute]namo Bay Naval Base
(Guant[aacute]namo) and promptly to close detention
facilities at Guant[aacute]namo, consistent with the
national security and foreign policy interests of the
United States and the interests of justice, I hereby
order as follows:
Section 1. Definitions. As used in this order:
(a) ``Common Article 3'' means Article 3 of each of
the Geneva Conventions.
(b) ``Geneva Conventions'' means:
(i) the Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);
(ii) the Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST
3217);
(iii) the Convention Relative to the Treatment of Prisoners of War,
August 12, 1949 (6 UST 3316); and
(iv) the Convention Relative to the Protection of Civilian Persons in
Time of War, August 12, 1949 (6 UST 3516).
(c) ``Individuals currently detained at
Guant[aacute]namo'' and ``individuals covered by this
order'' mean individuals currently detained by the
Department of Defense in facilities at the
Guant[aacute]namo Bay Naval Base whom the Department of
Defense has ever determined to be, or treated as, enemy
combatants.
Sec. 2. Findings.
(a) Over the past 7 years, approximately 800
individuals whom the Department of Defense has ever
determined to be, or treated as, enemy combatants have
been detained at Guant[aacute]namo. The Federal
Government has moved more than 500 such detainees from
Guant[aacute]namo, either by returning them to their
home country or by releasing or transferring them to a
third country. The Department of Defense has determined
that a number of the individuals currently detained at
Guant[aacute]namo are eligible for such transfer or
release.
(b) Some individuals currently detained at
Guant[aacute]namo have been there for more than 6
years, and most have been detained for at least 4
years. In view of the significant concerns raised by
these detentions, both within the United States and
internationally, prompt and appropriate disposition of
the individuals currently detained at Guant[aacute]namo
and closure of the facilities in which they are
detained would further the national security and
foreign policy interests of the United States and the
interests of justice. Merely closing the facilities
without promptly determining the appropriate
disposition of the individuals detained would not
adequately serve those interests. To the extent
practicable, the prompt and appropriate disposition of
the individuals detained at Guant[aacute]namo should
precede the closure of the detention facilities at
Guant[aacute]namo.
(c) The individuals currently detained at
Guant[aacute]namo have the constitutional privilege of
the writ of habeas corpus. Most of those individuals
[[Page 4898]]
have filed petitions for a writ of habeas corpus in
Federal court challenging the lawfulness of their
detention.
(d) It is in the interests of the United States
that the executive branch undertake a prompt and
thorough review of the factual and legal bases for the
continued detention of all individuals currently held
at Guant[aacute]namo, and of whether their continued
detention is in the national security and foreign
policy interests of the United States and in the
interests of justice. The unusual circumstances
associated with detentions at Guant[aacute]namo require
a comprehensive interagency review.
(e) New diplomatic efforts may result in an
appropriate disposition of a substantial number of
individuals currently detained at Guant[aacute]namo.
(f) Some individuals currently detained at
Guant[aacute]namo may have committed offenses for which
they should be prosecuted. It is in the interests of
the United States to review whether and how any such
individuals can and should be prosecuted.
(g) It is in the interests of the United States
that the executive branch conduct a prompt and thorough
review of the circumstances of the individuals
currently detained at Guant[aacute]namo who have been
charged with offenses before military commissions
pursuant to the Military Commissions Act of 2006,
Public Law 109-366, as well as of the military
commission process more generally.
Sec. 3. Closure of Detention Facilities at
Guant[aacute]namo. The detention facilities at
Guant[aacute]namo for individuals covered by this order
shall be closed as soon as practicable, and no later
than 1 year from the date of this order. If any
individuals covered by this order remain in detention
at Guant[aacute]namo at the time of closure of those
detention facilities, they shall be returned to their
home country, released, transferred to a third country,
or transferred to another United States detention
facility in a manner consistent with law and the
national security and foreign policy interests of the
United States.
Sec. 4. Immediate Review of All Guant[aacute]namo
Detentions.
(a) Scope and Timing of Review. A review of the
status of each individual currently detained at
Guant[aacute]namo (Review) shall commence immediately.
(b) Review Participants. The Review shall be
conducted with the full cooperation and participation
of the following officials:
(1) the Attorney General, who shall coordinate the Review;
(2) the Secretary of Defense;
(3) the Secretary of State;
(4) the Secretary of Homeland Security;
(5) the Director of National Intelligence;
(6) the Chairman of the Joint Chiefs of Staff; and
(7) other officers or full-time or permanent part-time employees of the
United States, including employees with intelligence, counterterrorism,
military, and legal expertise, as determined by the Attorney General, with
the concurrence of the head of the department or agency concerned.
(c) Operation of Review. The duties of the Review
participants shall include the following:
(1) Consolidation of Detainee Information. The Attorney General shall, to
the extent reasonably practicable, and in coordination with the other
Review participants, assemble all information in the possession of the
Federal Government that pertains to any individual currently detained at
Guant[aacute]namo and that is relevant to determining the proper
disposition of any such individual. All executive branch departments and
agencies shall promptly comply with any request of the Attorney General to
provide information in their possession or control pertaining to any such
individual. The Attorney General may seek further information relevant to
the Review from any source.
[[Page 4899]]
(2) Determination of Transfer. The Review shall determine, on a rolling
basis and as promptly as possible with respect to the individuals currently
detained at Guant[aacute]namo, whether it is possible to transfer or
release the individuals consistent with the national security and foreign
policy interests of the United States and, if so, whether and how the
Secretary of Defense may effect their transfer or release. The Secretary of
Defense, the Secretary of State, and, as appropriate, other Review
participants shall work to effect promptly the release or transfer of all
individuals for whom release or transfer is possible.
(3) Determination of Prosecution. In accordance with United States law,
the cases of individuals detained at Guant[aacute]namo not approved for
release or transfer shall be evaluated to determine whether the Federal
Government should seek to prosecute the detained individuals for any
offenses they may have committed, including whether it is feasible to
prosecute such individuals before a court established pursuant to Article
III of the United States Constitution, and the Review participants shall in
turn take the necessary and appropriate steps based on such determinations.
(4) Determination of Other Disposition. With respect to any individuals
currently detained at Guant[aacute]namo whose disposition is not achieved
under paragraphs (2) or (3) of this subsection, the Review shall select
lawful means, consistent with the national security and foreign policy
interests of the United States and the interests of justice, for the
disposition of such individuals. The appropriate authorities shall promptly
implement such dispositions.
(5) Consideration of Issues Relating to Transfer to the United States.
The Review shall identify and consider legal, logistical, and security
issues relating to the potential transfer of individuals currently detained
at Guant[aacute]namo to facilities within the United States, and the Review
participants shall work with the Congress on any legislation that may be
appropriate.
Sec. 5. Diplomatic Efforts. The Secretary of State
shall expeditiously pursue and direct such negotiations
and diplomatic efforts with foreign governments as are
necessary and appropriate to implement this order.
Sec. 6. Humane Standards of Confinement. No individual
currently detained at Guant[aacute]namo shall be held
in the custody or under the effective control of any
officer, employee, or other agent of the United States
Government, or at a facility owned, operated, or
controlled by a department or agency of the United
States, except in conformity with all applicable laws
governing the conditions of such confinement, including
Common Article 3 of the Geneva Conventions. The
Secretary of Defense shall immediately undertake a
review of the conditions of detention at
Guant[aacute]namo to ensure full compliance with this
directive. Such review shall be completed within 30
days and any necessary corrections shall be implemented
immediately thereafter.
Sec. 7. Military Commissions. The Secretary of Defense
shall immediately take steps sufficient to ensure that
during the pendency of the Review described in section
4 of this order, no charges are sworn, or referred to a
military commission under the Military Commissions Act
of 2006 and the Rules for Military Commissions, and
that all proceedings of such military commissions to
which charges have been referred but in which no
judgment has been rendered, and all proceedings pending
in the United States Court of Military Commission
Review, are halted.
Sec. 8. General Provisions.
(a) Nothing in this order shall prejudice the
authority of the Secretary of Defense to determine the
disposition of any detainees not covered by this order.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 4900]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 22, 2009.
[FR Doc. E9-1893
Filed 1-26-09; 11:15 am]
Billing code 3195-W9-P
Complete official Federal Register PDF
FR Doc. E9-1885 Ensuring Lawful Interrogations
[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Presidential Documents]
[Pages 4893-4896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1885]
[[Page 4891]]
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Part V
The President
-----------------------------------------------------------------------
Executive Order 13491--Ensuring Lawful Interrogations
Executive Order 13492--Review and Disposition of Individuals Detained
at the Guant[aacute]namo Bay Naval Base and Closure of Detention
Facilities
Executive Order 13493--Review of Detention Policy Options
Presidential Documents
Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 4893]]
Executive Order 13491 of January 22, 2009
Ensuring Lawful Interrogations
By the authority vested in me by the Constitution and
the laws of the United States of America, in order to
improve the effectiveness of human intelligence-
gathering, to promote the safe, lawful, and humane
treatment of individuals in United States custody and
of United States personnel who are detained in armed
conflicts, to ensure compliance with the treaty
obligations of the United States, including the Geneva
Conventions, and to take care that the laws of the
United States are faithfully executed, I hereby order
as follows:
Section 1. Revocation. Executive Order 13440 of July
20, 2007, is revoked. All executive directives, orders,
and regulations inconsistent with this order, including
but not limited to those issued to or by the Central
Intelligence Agency (CIA) from September 11, 2001, to
January 20, 2009, concerning detention or the
interrogation of detained individuals, are revoked to
the extent of their inconsistency with this order.
Heads of departments and agencies shall take all
necessary steps to ensure that all directives, orders,
and regulations of their respective departments or
agencies are consistent with this order. Upon request,
the Attorney General shall provide guidance about which
directives, orders, and regulations are inconsistent
with this order.
Sec. 2. Definitions. As used in this order:
(a) ``Army Field Manual 2-22.3'' means FM 2-22.3,
Human Intelligence Collector Operations, issued by the
Department of the Army on September 6, 2006.
(b) ``Army Field Manual 34-52'' means FM 34-52,
Intelligence Interrogation, issued by the Department of
the Army on May 8, 1987.
(c) ``Common Article 3'' means Article 3 of each of
the Geneva Conventions.
(d) ``Convention Against Torture'' means the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, December 10, 1984,
1465 U.N.T.S. 85, S. Treaty Doc. No. 100-20 (1988).
(e) ``Geneva Conventions'' means:
(i) the Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);
(ii) the Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST
3217);
(iii) the Convention Relative to the Treatment of Prisoners of War,
August 12, 1949 (6 UST 3316); and
(iv) the Convention Relative to the Protection of Civilian Persons in
Time of War, August 12, 1949 (6 UST 3516).
(f) ``Treated humanely,'' ``violence to life and
person,'' ``murder of all kinds,'' ``mutilation,''
``cruel treatment,'' ``torture,'' ``outrages upon
personal dignity,'' and ``humiliating and degrading
treatment'' refer to, and have the same meaning as,
those same terms in Common Article 3.
(g) The terms ``detention facilities'' and
``detention facility'' in section 4(a) of this order do
not refer to facilities used only to hold people on a
short-term, transitory basis.
[[Page 4894]]
Sec. 3. Standards and Practices for Interrogation of
Individuals in the Custody or Control of the United
States in Armed Conflicts.
(a) Common Article 3 Standards as a Minimum
Baseline. Consistent with the requirements of the
Federal torture statute, 18 U.S.C. 2340-2340A, section
1003 of the Detainee Treatment Act of 2005, 42 U.S.C.
2000dd, the Convention Against Torture, Common Article
3, and other laws regulating the treatment and
interrogation of individuals detained in any armed
conflict, such persons shall in all circumstances be
treated humanely and shall not be subjected to violence
to life and person (including murder of all kinds,
mutilation, cruel treatment, and torture), nor to
outrages upon personal dignity (including humiliating
and degrading treatment), whenever such individuals are
in the custody or under the effective control of an
officer, employee, or other agent of the United States
Government or detained within a facility owned,
operated, or controlled by a department or agency of
the United States.
(b) Interrogation Techniques and Interrogation-
Related Treatment. Effective immediately, an individual
in the custody or under the effective control of an
officer, employee, or other agent of the United States
Government, or detained within a facility owned,
operated, or controlled by a department or agency of
the United States, in any armed conflict, shall not be
subjected to any interrogation technique or approach,
or any treatment related to interrogation, that is not
authorized by and listed in Army Field Manual 2-22.3
(Manual). Interrogation techniques, approaches, and
treatments described in the Manual shall be implemented
strictly in accord with the principles, processes,
conditions, and limitations the Manual prescribes.
Where processes required by the Manual, such as a
requirement of approval by specified Department of
Defense officials, are inapposite to a department or an
agency other than the Department of Defense, such a
department or agency shall use processes that are
substantially equivalent to the processes the Manual
prescribes for the Department of Defense. Nothing in
this section shall preclude the Federal Bureau of
Investigation, or other Federal law enforcement
agencies, from continuing to use authorized, non-
coercive techniques of interrogation that are designed
to elicit voluntary statements and do not involve the
use of force, threats, or promises.
(c) Interpretations of Common Article 3 and the
Army Field Manual. From this day forward, unless the
Attorney General with appropriate consultation provides
further guidance, officers, employees, and other agents
of the United States Government may, in conducting
interrogations, act in reliance upon Army Field Manual
2-22.3, but may not, in conducting interrogations, rely
upon any interpretation of the law governing
interrogation--including interpretations of Federal
criminal laws, the Convention Against Torture, Common
Article 3, Army Field Manual 2-22.3, and its
predecessor document, Army Field Manual 34-52--issued
by the Department of Justice between September 11,
2001, and January 20, 2009.
Sec. 4. Prohibition of Certain Detention Facilities,
and Red Cross Access to Detained Individuals.
(a) CIA Detention. The CIA shall close as
expeditiously as possible any detention facilities that
it currently operates and shall not operate any such
detention facility in the future.
(b) International Committee of the Red Cross Access
to Detained Individuals. All departments and agencies
of the Federal Government shall provide the
International Committee of the Red Cross with
notification of, and timely access to, any individual
detained in any armed conflict in the custody or under
the effective control of an officer, employee, or other
agent of the United States Government or detained
within a facility owned, operated, or controlled by a
department or agency of the United States Government,
consistent with Department of Defense regulations and
policies.
Sec. 5. Special Interagency Task Force on Interrogation
and Transfer Policies.
[[Page 4895]]
(a) Establishment of Special Interagency Task
Force. There shall be established a Special Task Force
on Interrogation and Transfer Policies (Special Task
Force) to review interrogation and transfer policies.
(b) Membership. The Special Task Force shall
consist of the following members, or their designees:
(i) the Attorney General, who shall serve as Chair;
(ii) the Director of National Intelligence, who shall serve as Co-Vice-
Chair;
(iii) the Secretary of Defense, who shall serve as Co-Vice-Chair;
(iv) the Secretary of State;
(v) the Secretary of Homeland Security;
(vi) the Director of the Central Intelligence Agency;
(vii) the Chairman of the Joint Chiefs of Staff; and
(viii) other officers or full-time or permanent part-time employees of
the United States, as determined by the Chair, with the concurrence of the
head of the department or agency concerned.
(c) Staff. The Chair may designate officers and
employees within the Department of Justice to serve as
staff to support the Special Task Force. At the request
of the Chair, officers and employees from other
departments or agencies may serve on the Special Task
Force with the concurrence of the head of the
department or agency that employ such individuals. Such
staff must be officers or full-time or permanent part-
time employees of the United States. The Chair shall
designate an officer or employee of the Department of
Justice to serve as the Executive Secretary of the
Special Task Force.
(d) Operation. The Chair shall convene meetings of
the Special Task Force, determine its agenda, and
direct its work. The Chair may establish and direct
subgroups of the Special Task Force, consisting
exclusively of members of the Special Task Force, to
deal with particular subjects.
(e) Mission. The mission of the Special Task Force
shall be:
(i) to study and evaluate whether the interrogation practices and
techniques in Army Field Manual 2-22.3, when employed by departments or
agencies outside the military, provide an appropriate means of acquiring
the intelligence necessary to protect the Nation, and, if warranted, to
recommend any additional or different guidance for other departments or
agencies; and
(ii) to study and evaluate the practices of transferring individuals to
other nations in order to ensure that such practices comply with the
domestic laws, international obligations, and policies of the United States
and do not result in the transfer of individuals to other nations to face
torture or otherwise for the purpose, or with the effect, of undermining or
circumventing the commitments or obligations of the United States to ensure
the humane treatment of individuals in its custody or control.
(f) Administration. The Special Task Force shall be
established for administrative purposes within the
Department of Justice and the Department of Justice
shall, to the extent permitted by law and subject to
the availability of appropriations, provide
administrative support and funding for the Special Task
Force.
(g) Recommendations. The Special Task Force shall
provide a report to the President, through the
Assistant to the President for National Security
Affairs and the Counsel to the President, on the
matters set forth in subsection (d) within 180 days of
the date of this order, unless the Chair determines
that an extension is necessary.
(h) Termination. The Chair shall terminate the
Special Task Force upon the completion of its duties.
[[Page 4896]]
Sec. 6. Construction with Other Laws. Nothing in this
order shall be construed to affect the obligations of
officers, employees, and other agents of the United
States Government to comply with all pertinent laws and
treaties of the United States governing detention and
interrogation, including but not limited to: the Fifth
and Eighth Amendments to the United States
Constitution; the Federal torture statute, 18 U.S.C.
2340-2340A; the War Crimes Act, 18 U.S.C. 2441; the
Federal assault statute, 18 U.S.C. 113; the Federal
maiming statute, 18 U.S.C. 114; the Federal
``stalking'' statute, 18 U.S.C. 2261A; articles 93,
124, 128, and 134 of the Uniform Code of Military
Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003
of the Detainee Treatment Act of 2005, 42 U.S.C.
2000dd; section 6(c) of the Military Commissions Act of
2006, Public Law 109-366; the Geneva Conventions; and
the Convention Against Torture. Nothing in this order
shall be construed to diminish any rights that any
individual may have under these or other laws and
treaties. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity against the United
States, its departments, agencies, or other entities,
its officers or employees, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
January 22, 2009.
[FR Doc. E9-1885
Filed 1-26-09; 11:15 am]
Billing code 3195-W9-P
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