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.
(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.
BARACK OBAMA
THE WHITE HOUSE,
January 22, 2009.
January 22, 2009.
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