For Immediate Release
Office of the Press Secretary
February 6, 2004
Executive Order 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 counter-proliferation 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
(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, communica-tions, 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.
(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.
# # #
|