Executive Order 13491: Ensuring Lawful Interrogations
President: Barack Obama
Required humane treatment and limited executive-agency interrogations in armed conflict to techniques authorized by the Army Field Manual.
Status: In effect. Is Executive Order 13491 still in effect? Yes. EO 13491 remains the humane-treatment and interrogation framework; its separate 2009 task-force assignment was time-limited.
What does Executive Order 13491 do?
EO 13491 reset interrogation policy for people held in connection with armed conflict. Obama made humane treatment under Common Article 3 of the Geneva Conventions the baseline and directed that interrogation-related techniques be authorized by Army Field Manual 2-22.3. The restriction applied to officers, employees and other federal agents, not only to uniformed military personnel. Signed order.
The order also revoked EO 13440 and inconsistent detention or interrogation directives. CIA detention facilities had to close as quickly as possible and could not operate in the future, although the definition excluded facilities used solely for short-term, transitory holding. Agencies had to notify the International Committee of the Red Cross of covered detainees and give timely access consistent with Defense policies. A separate interagency task force examined whether the Manual adequately served nonmilitary interrogators and whether transfers abroad complied with anti-torture obligations. Signed order.
Before and after
Before the order
The signed text identified a body of Justice Department interpretations issued between September 11, 2001, and January 20, 2009, that federal interrogators could no longer rely on. Agencies previously operating under incompatible directives now had to align their rules with the new common standard. The order revoked EO 13440 rather than endorsing its CIA-program interpretation. Signed order.
After the order
Interrogation methods outside the Manual were prohibited immediately for covered armed-conflict detainees. Where a non-Defense agency could not literally follow a military approval process, it had to use a substantially equivalent process. The FBI and other law-enforcement agencies could continue authorized noncoercive methods eliciting voluntary statements. That exception did not authorize force, threats or promises. Signed order. Sources: DOJ announcement of task-force recommendations; FY2016 NDAA section 1045; April 2025 Senate confirmation questions concerning EO 13491.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| All department and agency heads | Align detention and interrogation directives with the order and provide Red Cross notification and access for covered detainees. | Immediately; Red Cross access timely. |
| CIA Director | Close covered CIA detention facilities and stop future operation; participate in policy task force. | As expeditiously as possible; task-force report within 180 days unless extended. |
| Attorney General / Justice Department | Provide requested inconsistency guidance; chair, staff, fund and administer the task force; designate executive secretary. | Guidance upon request; report within 180 days unless extended; terminate task force on completion. |
| Director of National Intelligence | Co-vice-chair task force reviewing interrogation and transfer policy. | During review; 180-day reporting target unless extended. |
| Defense Secretary | Co-vice-chair task force and implement applicable military treatment standards. | Immediately for standards; task-force review within 180 days unless extended. |
| State Secretary | Serve on task force evaluating lawful interrogation and international transfers. | During task-force review. |
| Homeland Security Secretary | Serve on interrogation and transfer task force. | During task-force review. |
| Chairman of the Joint Chiefs of Staff | Serve on task force and contribute military policy expertise. | During task-force review. |
| National Security Adviser and Counsel to the President | Receive the task-force report for transmission to the President. | Within 180 days unless chair grants extension. |
What happened next
Obama signed immediate humane-treatment restrictions and revoked EO 13440. Official source
DOJ announced task-force recommendations for a specialized interrogation group and lawful transfer safeguards. Official source
The FY2016 defense authorization enacted statutory interrogation and Red Cross protections now codified at 42 U.S.C. 2000dd-2. Official source
Legal and source detail
How it works legally
The order expressly preserved the Constitution, federal torture statute, Detainee Treatment Act, War Crimes Act, Geneva Conventions and Convention Against Torture. It did not create independent authority to arrest, detain or transfer someone, and it could not authorize conduct prohibited by statute or treaty. The treatment rules and the temporary task force are different components: completing a report does not sunset the permanent restrictions. Congress subsequently enacted 42 U.S.C. 2000dd-2, restricting covered interrogations to the Manual and requiring updates and Red Cross access. That statutory protection is independent of presidential discretion to revise an order. In April 2025 Senate confirmation questions still described EO 13491's CIA-facility prohibition as operative. A change in administration therefore is not proof of revocation, and no verified revoking instrument supports the old page label. Signed order. Sources: DOJ announcement of task-force recommendations; FY2016 NDAA section 1045; April 2025 Senate confirmation questions concerning EO 13491.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 15, 2026. How we research →