[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Presidential Documents]
[Pages 6901-6903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3170]



[[Page 6899]]

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Part VI





The President





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Executive Order 13328--Commission on the Intelligence Capabilities of 
the United States Regarding Weapons of Mass Destruction
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                         Presidential Documents 
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  Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 6901]]

                Executive Order 13328 of February 6, 2004

                
Commission on the Intelligence Capabilities of 
                the United States Regarding Weapons of Mass Destruction

                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. Establishment. There is established, within 
                the Executive Office of the President for 
                administrative purposes, a Commission on the 
                Intelligence Capabilities of the United States 
                Regarding Weapons of Mass Destruction (Commission).

                Sec. 2. Mission. (a) The Commission is established for 
                the purpose of advising the President in the discharge 
                of his constitutional authority under Article II of the 
                Constitution to conduct foreign relations, protect 
                national security, and command the Armed Forces of the 
                United States, in order to ensure the most effective 
                counterproliferation capabilities of the United States 
                and response to the September 11, 2001, terrorist 
                attacks and the ongoing threat of terrorist activity. 
                The Commission shall assess whether the Intelligence 
                Community is sufficiently authorized, organized, 
                equipped, trained, and resourced to identify and warn 
                in a timely manner of, and to support United States 
                Government efforts to respond to, the development and 
                transfer of knowledge, expertise, technologies, 
                materials, and resources associated with the 
                proliferation of Weapons of Mass Destruction, related 
                means of delivery, and other related threats of the 
                21st Century and their employment by foreign powers 
                (including terrorists, terrorist organizations, and 
                private networks, or other entities or individuals). In 
                doing so, the Commission shall examine the capabilities 
                and challenges of the Intelligence Community to 
                collect, process, analyze, produce, and disseminate 
                information concerning the capabilities, intentions, 
                and activities of such foreign powers relating to the 
                design, development, manufacture, acquisition, 
                possession, proliferation, transfer, testing, potential 
                or threatened use, or use of Weapons of Mass 
                Destruction, related means of delivery, and other 
                related threats of the 21st Century.

                    (b) With respect to that portion of its examination 
                under paragraph 2(a) of this order that relates to 
                Iraq, the Commission shall specifically examine the 
                Intelligence Community's intelligence prior to the 
                initiation of Operation Iraqi Freedom and compare it 
                with the findings of the Iraq Survey Group and other 
                relevant agencies or organizations concerning the 
                capabilities, intentions, and activities of Iraq 
                relating to the design, development, manufacture, 
                acquisition, possession, proliferation, transfer, 
                testing, potential or threatened use, or use of Weapons 
                of Mass Destruction and related means of delivery.
                    (c) With respect to its examination under paragraph 
                2(a) of this order, the Commission shall:

(i)

 specifically evaluate the challenges of obtaining information regarding 
the design, development, manufacture, acquisition, possession, 
proliferation, transfer, testing, potential or threatened use, or use of 
Weapons of Mass Destruction, related means of delivery, and other related 
threats of the 21st Century in closed societies; and

[[Page 6902]]

(ii)

 compare the Intelligence Community's intelligence concerning Weapons of 
Mass Destruction programs and other related threats of the 21st Century in 
Libya prior to Libya's recent decision to open its programs to inter 
national scrutiny and in Afghanistan prior to removal of the Taliban 
government with the current assessments of organizations examining those 
programs.

                    (d) The Commission shall submit to the President by 
                March 31, 2005, a report of the findings of the 
                Commission resulting from its examination and its 
                specific recommendations for ensuring that the 
                Intelligence Community of the United States is 
                sufficiently authorized, organized, equipped, trained, 
                and resourced to identify and warn in a timely manner 
                of, and to support United States Government efforts to 
                respond to, the development and transfer of knowledge, 
                expertise, technologies, materials, and resources 
                associated with the proliferation of Weapons of Mass 
                Destruction, related means of delivery, and other 
                related threats of the 21st Century and their 
                employment by foreign powers (including terrorists, 
                terrorist organizations, and private networks, or other 
                entities or individuals). The Central Intelligence 
                Agency and other components of the Intelligence 
                Community shall utilize the Commission and its 
                resulting report. Within 90 days of receiving the 
                Commission's report, the President will consult with 
                the Congress concerning the Commission's report and 
                recommendations, and will propose any appropriate 
                legislative recommendations arising out of the findings 
                of the Commission.

                Sec. 3. Membership. The Commission shall consist of up 
                to nine members appointed by the President, two of whom 
                the President shall designate as Co-Chairs. Members 
                shall be citizens of the United States. It shall take 
                two-thirds of the members of the Commission to 
                constitute a quorum.

                Sec. 4. Meetings of the Commission and Direction of Its 
                Work. The Co-Chairs of the Commission shall convene and 
                preside at the meetings of the Commission, determine 
                after consultation with other members of the Commission 
                its agenda, direct its work, and assign 
                responsibilities within the Commission.

                Sec. 5. Access to Information. (a) To carry out this 
                order, the Commission shall have full and complete 
                access to information relevant to its mission as 
                described in section 2 of this order and in the 
                possession, custody, or control of any executive 
                department or agency to the maximum extent permitted by 
                law and consistent with Executive Order 12958 of April 
                17, 1995, as amended. Heads of departments and agencies 
                shall promptly furnish such information to the 
                Commission upon request. The Attorney General and the 
                Director of Central Intelligence shall ensure the 
                expeditious processing of all appropriate security 
                clearances necessary for the members of the Commission 
                to fulfill their functions.

                    (b) Promptly upon commencing its work, the 
                Commission shall adopt, after consultation with the 
                Secretary of Defense, the Attorney General, and the 
                Director of Central Intelligence, rules and procedures 
                of the Commission for physical, communications, 
                computer, document, personnel, and other security in 
                relation to the work of the Commission. The Secretary 
                of Defense, the Attorney General, and the Director of 
                Central Intelligence shall promptly and jointly report 
                to the President their judgment whether the security 
                rules and procedures adopted by the Commission are 
                clearly consistent with the national security and 
                protect against unauthorized disclosure of information 
                required by law or executive order to be protected 
                against such disclosure. The President may at any time 
                modify the security rules or procedures of the 
                Commission to provide the necessary protection.

                Sec. 6. General Provisions. (a) In implementing this 
                order, the Commission shall solely advise and assist 
                the President.

                    (b) In performing its functions under this order, 
                the Commission shall, subject to the authority of the 
                President, be independent from any executive department 
                or agency, or of any officer, employee, or agent 
                thereof.

[[Page 6903]]

                    (c) Nothing in this order shall be construed to 
                impair or otherwise affect the authorities of any 
                department, agency, entity, officer, or employee of the 
                United States under applicable law.
                    (d) Nothing in this order shall be construed to 
                impair or otherwise affect the functions of the 
                Director of the Office of Management and Budget 
                relating to budget, administrative, or legislative 
                proposals.
                    (e) The Director of the Office of Administration 
                shall provide or arrange for the provision of 
                administrative support and, with the assistance of the 
                Director of the Office of Management and Budget, ensure 
                funding for the Commission consistent with applicable 
                law. The Director of the Office of Administration shall 
                ensure that such support and funding meets the 
                Commission's reasonable needs and that the manner of 
                provision of support and funding is consistent with the 
                authority of the Commission within the executive branch 
                in the performance of its functions.
                    (f) Members of the Commission shall serve without 
                compensation for their work on the Commission. Members 
                who are not officers or employees in the executive 
                branch, while engaged in the work of the Commission, 
                may be allowed travel expenses, including per diem in 
                lieu of subsistence, as authorized by law for persons 
                serving intermittently in Government service (5 U.S.C. 
                5701 through 5707), consistent with the availability of 
                funds.
                    (g) The Commission shall have a staff headed by an 
                Executive Director. The Co-Chairs shall hire and 
                employ, or obtain by assignment or detail from 
                departments and agencies, the staff of the Commission, 
                including the Executive Director.
                    (h) The term ``Intelligence Community'' is given 
                the same meaning as contained in section 3(4) of the 
                National Security Act of 1947, as amended (50 U.S.C. 
                401a(4)).
                    (i) The term ``Weapons of Mass Destruction'' is 
                given the same meaning as contained in section 1403(1) 
                of the Defense Against Weapons of Mass Destruction Act 
                of 1996 (50 U.S.C. 2302(1)).

                Sec. 7. Judicial Review. This order is intended only to 
                improve the internal management of the executive 
                branch, and is not intended to, and does not, create 
                any right or benefit, substantive 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.

                Sec. 8. Termination. The Commission shall terminate 
                within 60 days after submitting its report.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     February 6, 2004.

[FR Doc. 04-3170
Filed 2-10-04; 8:50 am]
Billing code 3195-01-P