81 FR 32611 - A Comprehensive Approach to Atrocity Prevention and Response

Executive Office of the President

Federal Register Volume 81, Issue 99 (May 23, 2016)

Page Range		32611-32615
FR Document		2016-12307

Federal Register, Volume 81 Issue 99 (Monday, May 23, 2016)

[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Presidential Documents]
[Pages 32611-32615]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12307]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 99 / Monday, May 23, 2016 / 
Presidential Documents

[[Page 32611]]


                Executive Order 13729 of May 18, 2016

                
A Comprehensive Approach to Atrocity Prevention 
                and Response

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. As articulated in Presidential Study 
                Directive-10 (PSD-10), preventing mass atrocities and 
                genocide is a core national security interest and a 
                core moral responsibility of the United States. Noting 
                that governmental engagement on mass atrocities and 
                genocide too often arrives too late, when opportunities 
                for prevention or low-cost, low-risk action have been 
                missed, PSD-10 directed the establishment of an 
                interagency Atrocities Prevention Board (Board), with 
                the primary purpose of coordinating a whole-of-
                government approach to prevent mass atrocities and 
                genocide. PSD-10 also directed an interagency study to 
                develop and recommend the membership, mandate, 
                structure, operational protocols, authorities, and 
                support necessary for the Board to coordinate and 
                develop atrocity prevention and response policy. This 
                order continues in place the Board established in 2012 
                as I directed in PSD-10, sets out the support to be 
                afforded by executive departments, agencies, and 
                offices, and updates and memorializes the terms on 
                which the Board will continue to operate in the service 
                of its important mission.

                Sec. 2. Definition. For purposes of this order, the 
                term ``mass atrocities'' or ``atrocities,'' neither of 
                which is defined under international law, refers to 
                large scale and deliberate attacks on civilians, and 
                includes acts falling within the definition 
                ``genocide'' as defined in international law and under 
                U.S. domestic statute.

                Sec. 3. Responsibilities. The Board shall seek to 
                ensure that mass atrocities and the risk thereof are 
                effectively considered and appropriately addressed by 
                the U.S. Government, and shall coordinate the 
                development and execution of policies and tools to 
                enhance our capacity to prevent and respond to mass 
                atrocities.

                    (a) In order to ensure that emerging mass atrocity 
                risks and mass atrocity situations are considered and 
                addressed, the Board shall monitor developments around 
                the world that heighten the risk of mass atrocities, 
                and analyze and closely review specific mass atrocity 
                threats or situations of heightened concern.
                    (b) The Board shall also identify any gaps related 
                to the prevention of and response to mass atrocities in 
                the current policies and ongoing interagency processes 
                concerning particular regions or countries and shall 
                make recommendations to strengthen policies, programs, 
                resources, and tools related to mass atrocity 
                prevention and response to relevant executive 
                departments and agencies (agencies), including through 
                the Board's function as an interagency policy 
                committee, as detailed in section 4 of this order. In 
                these efforts, the Board shall focus in particular on 
                ways for the U.S. Government to develop, strengthen, 
                and enhance its capabilities to:

(i) monitor, receive early warning of, and coordinate responses to 
potential mass atrocities;

(ii) deter and isolate perpetrators of mass atrocities through all 
available and appropriate authorities;

[[Page 32612]]

(iii) promote accountability of and deny impunity for perpetrators of mass 
atrocities, including by denying safe haven for perpetrators found in the 
United States;

(iv) engage allies and partners, including the United Nations and other 
multilateral and regional institutions, to build capacity and mobilize 
action for preventing and responding to mass atrocities;

(v) deploy civilian personnel with expertise in conflict prevention, 
civilian protection, mediation, and other relevant skills, including on a 
rapid response basis, to assist in mass atrocity prevention and response 
efforts;

(vi) increase capacity for our diplomats, armed services, development 
professionals, and other actors to engage in mass atrocity prevention and 
response activities;

(vii) develop and implement tailored foreign assistance programs as well as 
doctrine for our armed services to address and mitigate the risks of mass 
atrocities;

(viii) ensure intelligence collection, analysis, and sharing of 
information, as appropriate, relating to mass atrocity threats and 
situations; and

(ix) address any other issue regarding mass atrocity prevention and 
response that the Board determines is appropriate.

                Sec. 4. Structure and Protocols of the Atrocities 
                Prevention Board. The Board shall continue to operate 
                and will have the following structure and protocols:

                    (a) The Board shall function as an interagency 
                policy committee, or body of equivalent standing, 
                chaired by a member of the National Security Council 
                staff at the Senior Director level or higher who shall 
                be designated by the President (Chair).
                    (b) The Chair shall convene the Board on a monthly 
                basis to perform the responsibilities set forth in 
                section 3 of this order. The Board shall also meet as 
                needed on an ad hoc and time-sensitive basis to 
                consider and address emerging mass atrocity threats or 
                situations.
                    (c) The Deputies Committee of the National Security 
                Council (Deputies) shall meet at least twice per year, 
                and the Principals Committee of the National Security 
                Council (Principals) shall meet at least once per year, 
                to review and direct the work of the Board.
                    (d) The Board shall be composed of individuals at 
                the Assistant Secretary-level or higher who shall be 
                designated by the leadership of their respective 
                departments or agencies. Within 60 days of a vacancy on 
                the Board, the relevant department or agency or office 
                head shall designate a replacement representative and 
                notify the National Security Advisor. In addition to 
                the Chair, the Board shall consist of the designated 
                representatives from the following:

(i) the Office of the Vice President;

(ii) the Department of State;

(iii) the Department of the Treasury;

(iv) the Department of Defense;

(v) the Department of Justice;

(vi) the Department of Homeland Security;

(vii) the U.S. Mission to the United Nations;

(viii) the Office of the Director of National Intelligence;

(ix) the Central Intelligence Agency;

(x) the U.S. Agency for International Development;

(xi) the Joint Chiefs of Staff; and

(xii) such other agencies or offices as may request to participate in 
coordination with the Chair.

[[Page 32613]]

                    (e) The Chair shall report, through the National 
                Security Advisor, to the President by April 30 each 
                year on the work of the U.S. Government in mass 
                atrocity prevention and response, including the work of 
                the Board.
                    (f) The Chair shall prepare written updates for the 
                public, on an annual basis, on the work of the U.S. 
                Government in mass atrocity prevention and response, 
                including the work of the Board.
                    (g) Consistent with the objectives set out in this 
                order and in accordance with applicable law, the Board 
                shall conduct outreach, including regular 
                consultations, with representatives of nongovernmental 
                organizations with expertise in mass atrocity 
                prevention and response and other appropriate parties. 
                Such outreach shall be for the purpose of assisting the 
                Board with its work on considering and addressing 
                emerging mass atrocity threats or situations and on 
                developing new or improved policies and tools, as well 
                as for the purpose of providing transparency on the 
                work of the Board.
                    (h) In order to conduct the work set forth in this 
                order effectively, the Board may:

(i) request information or analysis from the Intelligence Community (IC), 
Chiefs of Mission, agencies, and offices;

(ii) develop policy recommendations and programmatic recommendations for 
agencies, offices, and existing interagency processes;

(iii) in conjunction with existing interagency processes, formulate policy 
recommendations and programmatic recommendations;

(iv) coordinate with the Office of Management and Budget (OMB) to develop 
guidance on mass atrocity prevention resource priorities for agencies and 
offices; and

(v) bring urgent or significant matters to the attention of the Deputies 
and, as appropriate, request that the Deputies convene to address a 
situation of concern, consistent with Presidential Policy Directive-1 or 
its successor.

                Sec. 5. Enhancing Capabilities and Tools. Agencies 
                shall take the following actions in support of the 
                United States Government's policy of working to prevent 
                and respond to mass atrocities:

                    (a) Agencies, in coordination with the Board, shall 
                ensure that mass atrocity prevention and response 
                staffing, training, funding, and activities are 
                addressed in their strategic planning and budget 
                processes, including Department Quadrennial Reviews, 
                Mission Resource Requests, State Department Integrated 
                Country Strategies, U.S. Agency for International 
                Development (USAID) Joint Strategic Plans, State 
                Department Bureau Strategic Resource Plans, and related 
                strategic planning and budget processes and documents. 
                The Chair shall make recommendations to the National 
                Security Advisor on the inclusion of material in the 
                President's National Security Strategy that addresses 
                mass atrocity prevention and response.
                    (b) The Department of State and USAID shall work 
                with OMB to support the maintenance of civilian 
                assistance accounts and authorities that enable swift 
                civilian responses to mass atrocity threats and 
                situations.
                    (c) The Department of State and USAID shall offer 
                mass atrocity prevention and response training courses 
                to all officers deployed or planning deployment to 
                countries deemed by the IC to be at high or substantial 
                risk for mass atrocities.
                    (d) The Department of State and USAID shall 
                continue to build and use civilian capacity (i.e., the 
                ability to deploy personnel with expertise in conflict 
                prevention, civilian protection, mediation, and other 
                relevant skills) effectively for mass atrocity 
                prevention and response, and shall develop mechanisms 
                for enhanced partnerships with non-U.S. Government 
                actors that could provide surge capacity, such as the 
                United Nations and other multilateral and regional 
                organizations, foreign governments, and nongovernmental 
                organizations.

[[Page 32614]]

                    (e) The IC shall continue to monitor developments 
                worldwide and, as changing conditions warrant, prepare 
                an IC-coordinated assessment updating IC judgments in 
                its National Intelligence Estimate on the global risk 
                of mass atrocities and genocide at regular intervals to 
                inform the work of the Board.
                    (f) Recognizing mass atrocity prevention as a core 
                national security interest of the United States, the IC 
                shall allocate resources so as to permit a collection 
                surge for countries where the Board determines, and the 
                Deputies concur, that there are ongoing or acute risks 
                of mass atrocities that merit increased attention, in 
                accordance with the National Intelligence Priority 
                Framework and available resources.
                    (g) The IC shall work with partner governments to 
                encourage the collection and analysis of mass atrocity-
                related intelligence and the sharing of this 
                intelligence with the U.S. Government and its partners 
                in mass atrocity prevention and response.
                    (h) The Department of Homeland Security (DHS) and 
                the Department of Justice, in coordination with the 
                Department of State, shall continue to develop 
                proposals for legislative, regulatory, or 
                administrative amendments or changes that would permit 
                the more effective use and enforcement of immigration 
                and other laws to deny impunity to perpetrators of mass 
                atrocities and that would enhance our ability to 
                prosecute such perpetrators subject to the jurisdiction 
                of the United States and remove those who are not 
                citizens.
                    (i) The Department of Defense (DOD) shall continue 
                to develop joint doctrine and training that support 
                mass atrocity prevention and response operations and 
                shall address mass atrocity prevention and response as 
                part of its general planning guidance to combatant 
                commands and services.
                    (j) The Department of State, the Department of the 
                Treasury, DHS, the U.S. Mission to the United Nations 
                (USUN), and other agencies as appropriate, shall 
                coordinate with bilateral and multilateral partners on 
                the deployment of mass atrocity prevention and response 
                tools, including isolating and deterring perpetrators 
                of mass atrocities through all available authorities 
                (including administrative actions, visa authorities, 
                and capacity-building support), as appropriate.
                    (k) The Department of State, in coordination with 
                USUN, DOD, and other agencies as appropriate, shall 
                work bilaterally, multilaterally, and with regionally 
                based organizations to enhance effectiveness in the 
                fields of early warning, analysis, prevention, 
                response, and accountability, and shall work with 
                international partners to build or encourage building 
                the capacity of our allies and partners to prevent and 
                respond to mass atrocities.

                Sec. 6. General Provisions. (a) Members of the Board 
                shall serve without any additional compensation for 
                their work on the Board.

                    (b) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof, or the status of that department or agency within the Federal 
Government; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (c) This order shall be implemented consistent with 
                applicable law, and subject to the availability of 
                appropriations.

[[Page 32615]]

                    (d) 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,

                    May 18, 2016.

[FR Doc. 2016-12307
Filed 5-20-16; 11:15 am]
Billing code 3295-F6-P

$Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Presidential Documents 32611 Presidential Documents Executive Order 13729 of May 18, 2016 A Comprehensive Approach to Atrocity Prevention and Re- sponse By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. As articulated in Presidential Study Directive-10 (PSD– 10), preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States. Noting that governmental engagement on mass atrocities and genocide too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed, PSD–10 directed the establishment of an interagency Atrocities Prevention Board (Board), with the primary purpose of coordi- nating a whole-of-government approach to prevent mass atrocities and geno- cide. PSD–10 also directed an interagency study to develop and recommend the membership, mandate, structure, operational protocols, authorities, and support necessary for the Board to coordinate and develop atrocity prevention and response policy. This order continues in place the Board established in 2012 as I directed in PSD–10, sets out the support to be afforded by executive departments, agencies, and offices, and updates and memorializes the terms on which the Board will continue to operate in the service of its important mission. Sec. 2. Definition. For purposes of this order, the term ‘‘mass atrocities’’ or ‘‘atrocities,’’ neither of which is defined under international law, refers to large scale and deliberate attacks on civilians, and includes acts falling within the definition ‘‘genocide’’ as defined in international law and under U.S. domestic statute. Sec. 3. Responsibilities. The Board shall seek to ensure that mass atrocities and the risk thereof are effectively considered and appropriately addressed by the U.S. Government, and shall coordinate the development and execution of policies and tools to enhance our capacity to prevent and respond to mass atrocities. (a) In order to ensure that emerging mass atrocity risks and mass atrocity situations are considered and addressed, the Board shall monitor develop- ments around the world that heighten the risk of mass atrocities, and analyze and closely review specific mass atrocity threats or situations of heightened concern. (b) The Board shall also identify any gaps related to the prevention of and response to mass atrocities in the current policies and ongoing inter- agency processes concerning particular regions or countries and shall make recommendations to strengthen policies, programs, resources, and tools re- lated to mass atrocity prevention and response to relevant executive depart- ments and agencies (agencies), including through the Board’s function as an interagency policy committee, as detailed in section 4 of this order. sradovich on DSK3TPTVN1PROD with PRES DOCS In these efforts, the Board shall focus in particular on ways for the U.S. Government to develop, strengthen, and enhance its capabilities to: (i) monitor, receive early warning of, and coordinate responses to potential mass atrocities; (ii) deter and isolate perpetrators of mass atrocities through all available and appropriate authorities; VerDate Sep<11>2014 22:58 May 20, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23MYE0.SGM 23MYE0$

$32612 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Presidential Documents (iii) promote accountability of and deny impunity for perpetrators of mass atrocities, including by denying safe haven for perpetrators found in the United States; (iv) engage allies and partners, including the United Nations and other multilateral and regional institutions, to build capacity and mobilize action for preventing and responding to mass atrocities; (v) deploy civilian personnel with expertise in conflict prevention, civilian protection, mediation, and other relevant skills, including on a rapid re- sponse basis, to assist in mass atrocity prevention and response efforts; (vi) increase capacity for our diplomats, armed services, development pro- fessionals, and other actors to engage in mass atrocity prevention and response activities; (vii) develop and implement tailored foreign assistance programs as well as doctrine for our armed services to address and mitigate the risks of mass atrocities; (viii) ensure intelligence collection, analysis, and sharing of information, as appropriate, relating to mass atrocity threats and situations; and (ix) address any other issue regarding mass atrocity prevention and re- sponse that the Board determines is appropriate. Sec. 4. Structure and Protocols of the Atrocities Prevention Board. The Board shall continue to operate and will have the following structure and protocols: (a) The Board shall function as an interagency policy committee, or body of equivalent standing, chaired by a member of the National Security Council staff at the Senior Director level or higher who shall be designated by the President (Chair). (b) The Chair shall convene the Board on a monthly basis to perform the responsibilities set forth in section 3 of this order. The Board shall also meet as needed on an ad hoc and time-sensitive basis to consider and address emerging mass atrocity threats or situations. (c) The Deputies Committee of the National Security Council (Deputies) shall meet at least twice per year, and the Principals Committee of the National Security Council (Principals) shall meet at least once per year, to review and direct the work of the Board. (d) The Board shall be composed of individuals at the Assistant Secretary- level or higher who shall be designated by the leadership of their respective departments or agencies. Within 60 days of a vacancy on the Board, the relevant department or agency or office head shall designate a replacement representative and notify the National Security Advisor. In addition to the Chair, the Board shall consist of the designated representatives from the following: (i) the Office of the Vice President; (ii) the Department of State; (iii) the Department of the Treasury; (iv) the Department of Defense; (v) the Department of Justice; (vi) the Department of Homeland Security; (vii) the U.S. Mission to the United Nations; sradovich on DSK3TPTVN1PROD with PRES DOCS (viii) the Office of the Director of National Intelligence; (ix) the Central Intelligence Agency; (x) the U.S. Agency for International Development; (xi) the Joint Chiefs of Staff; and (xii) such other agencies or offices as may request to participate in coordina- tion with the Chair. VerDate Sep<11>2014 22:58 May 20, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23MYE0.SGM 23MYE0$

$Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Presidential Documents 32613 (e) The Chair shall report, through the National Security Advisor, to the President by April 30 each year on the work of the U.S. Government in mass atrocity prevention and response, including the work of the Board. (f) The Chair shall prepare written updates for the public, on an annual basis, on the work of the U.S. Government in mass atrocity prevention and response, including the work of the Board. (g) Consistent with the objectives set out in this order and in accordance with applicable law, the Board shall conduct outreach, including regular consultations, with representatives of nongovernmental organizations with expertise in mass atrocity prevention and response and other appropriate parties. Such outreach shall be for the purpose of assisting the Board with its work on considering and addressing emerging mass atrocity threats or situations and on developing new or improved policies and tools, as well as for the purpose of providing transparency on the work of the Board. (h) In order to conduct the work set forth in this order effectively, the Board may: (i) request information or analysis from the Intelligence Community (IC), Chiefs of Mission, agencies, and offices; (ii) develop policy recommendations and programmatic recommendations for agencies, offices, and existing interagency processes; (iii) in conjunction with existing interagency processes, formulate policy recommendations and programmatic recommendations; (iv) coordinate with the Office of Management and Budget (OMB) to develop guidance on mass atrocity prevention resource priorities for agen- cies and offices; and (v) bring urgent or significant matters to the attention of the Deputies and, as appropriate, request that the Deputies convene to address a situation of concern, consistent with Presidential Policy Directive-1 or its successor. Sec. 5. Enhancing Capabilities and Tools. Agencies shall take the following actions in support of the United States Government’s policy of working to prevent and respond to mass atrocities: (a) Agencies, in coordination with the Board, shall ensure that mass atrocity prevention and response staffing, training, funding, and activities are ad- dressed in their strategic planning and budget processes, including Depart- ment Quadrennial Reviews, Mission Resource Requests, State Department Integrated Country Strategies, U.S. Agency for International Development (USAID) Joint Strategic Plans, State Department Bureau Strategic Resource Plans, and related strategic planning and budget processes and documents. The Chair shall make recommendations to the National Security Advisor on the inclusion of material in the President’s National Security Strategy that addresses mass atrocity prevention and response. (b) The Department of State and USAID shall work with OMB to support the maintenance of civilian assistance accounts and authorities that enable swift civilian responses to mass atrocity threats and situations. (c) The Department of State and USAID shall offer mass atrocity prevention and response training courses to all officers deployed or planning deployment to countries deemed by the IC to be at high or substantial risk for mass atrocities. (d) The Department of State and USAID shall continue to build and sradovich on DSK3TPTVN1PROD with PRES DOCS use civilian capacity (i.e., the ability to deploy personnel with expertise in conflict prevention, civilian protection, mediation, and other relevant skills) effectively for mass atrocity prevention and response, and shall de- velop mechanisms for enhanced partnerships with non-U.S. Government actors that could provide surge capacity, such as the United Nations and other multilateral and regional organizations, foreign governments, and non- governmental organizations. VerDate Sep<11>2014 22:58 May 20, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\23MYE0.SGM 23MYE0$

$32614 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Presidential Documents (e) The IC shall continue to monitor developments worldwide and, as changing conditions warrant, prepare an IC-coordinated assessment updating IC judgments in its National Intelligence Estimate on the global risk of mass atrocities and genocide at regular intervals to inform the work of the Board. (f) Recognizing mass atrocity prevention as a core national security interest of the United States, the IC shall allocate resources so as to permit a collection surge for countries where the Board determines, and the Deputies concur, that there are ongoing or acute risks of mass atrocities that merit increased attention, in accordance with the National Intelligence Priority Framework and available resources. (g) The IC shall work with partner governments to encourage the collection and analysis of mass atrocity-related intelligence and the sharing of this intelligence with the U.S. Government and its partners in mass atrocity prevention and response. (h) The Department of Homeland Security (DHS) and the Department of Justice, in coordination with the Department of State, shall continue to develop proposals for legislative, regulatory, or administrative amendments or changes that would permit the more effective use and enforcement of immigration and other laws to deny impunity to perpetrators of mass atroc- ities and that would enhance our ability to prosecute such perpetrators subject to the jurisdiction of the United States and remove those who are not citizens. (i) The Department of Defense (DOD) shall continue to develop joint doctrine and training that support mass atrocity prevention and response operations and shall address mass atrocity prevention and response as part of its general planning guidance to combatant commands and services. (j) The Department of State, the Department of the Treasury, DHS, the U.S. Mission to the United Nations (USUN), and other agencies as appro- priate, shall coordinate with bilateral and multilateral partners on the deploy- ment of mass atrocity prevention and response tools, including isolating and deterring perpetrators of mass atrocities through all available authorities (including administrative actions, visa authorities, and capacity-building sup- port), as appropriate. (k) The Department of State, in coordination with USUN, DOD, and other agencies as appropriate, shall work bilaterally, multilaterally, and with re- gionally based organizations to enhance effectiveness in the fields of early warning, analysis, prevention, response, and accountability, and shall work with international partners to build or encourage building the capacity of our allies and partners to prevent and respond to mass atrocities. Sec. 6. General Provisions. (a) Members of the Board shall serve without any additional compensation for their work on the Board. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) the functions of the Director of OMB relating to budgetary, administra- tive, or legislative proposals. (c) This order shall be implemented consistent with applicable law, and subject to the availability of appropriations. sradovich on DSK3TPTVN1PROD with PRES DOCS VerDate Sep<11>2014 22:58 May 20, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\23MYE0.SGM 23MYE0$

Document Created: 2018-02-07 15:07:36
Document Modified: 2018-02-07 15:07:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		81 FR 32611