Review of Detention Policy Options, 4901-4902 [E9-1895]

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• Executive Office of the President
• Presidential Documents

[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Presidential Documents]
[Pages 4901-4902]
From the Federal Register Online via the Government Printing 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