[Weekly Compilation of Presidential Documents Volume 40, Number 6 (Monday, February 9, 2004)]
[Pages 203-205]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13328--Commission on the Intelligence Capabilities of 
the United States Regarding Weapons of Mass Destruction

February 6, 2004

    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.

[[Page 204]]

    (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
 (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 
            international 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.

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    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.
    (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.
                                                George W. Bush
 The White House,
 February 6, 2004.

 [Filed with the Office of the Federal Register, 8:50 a.m., February 10, 
2004]

Note: This Executive order will be published in the Federal Register on 
February 11.