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 Executive Orders EO 13440 other countries cooperating in the war on terror with the United States, or their armed forces or other personnel, citizens, or facili- ties; or (2) could assist in locating the senior leadership of al Qaeda, the Tallban, or associated forces; (iii) the interrogation practices are determined by the Director of the Cen- tral Intelligence Agency, based upon professional advice, to be safe for use with each detainee with whom they are used; and (iv) detainees in the program receive the basic necessities of life, includ- ing adequate food and water, shelter from the elements, necessary cloth- ing, protection from extremes of heat and cold, and essential medical care. (c) The Director of the Central Intelligence Agency shall issue written poli- cies to govern the program, including guidelines for Central Intelligence Agency personnel that implement paragraphs (i)(C), (E), and (F) of sub- section 3(b) of this order, and including requirements to ensure: (i) safe and professional operation of the program; (ii) the development of an approved plan of interrogation tailored for each detainee in the program to be interrogated, consistent with sub- section 3(b)(iv) of this order; (iii) appropriate training for interrogators and all personnel operating the program; (iv) effective monitoring of the program, including with respect to med- ical matters, to ensure the safety of those in the program; and (v) compliance with applicable law and this order. Sec. 4. Assignment of Function. With respect to the program addressed in this order, the function of the President under section 6(c)(3) of the Mili- tary Commissions Act of 2006 is assigned to the Director of National Intel- ligence. Sec. 5. General Provisions. (a) Subject to subsection (b) of this section, this order is not intended to, and does not, create any right or benefit, sub- stantive 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. (b) Nothing in this order shall be construed to prevent or limit reliance upon this order in a civil, criminal, or administrative proceeding, or other- wise, by the Central Intelligence Agency or by any individual acting on be- half of the Central Intelligence Agency in connection with the program ad- dressed in this order. GEORGE W. BUSH The White House, July 20, 2007. 23'1

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