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

This executive order establishes a presidential commission to review U.S. intelligence capabilities regarding weapons of mass destruction, with a specific mandate to examine pre-war intelligence on Iraq and compare it with post-invasion findings. The commission must report by March 31, 2005, after which it terminates within 60 days.

Federal Register Open PDF 69 FR 6901

Impact dates

Jun 29, 2005
President consults with Congress concerning Commission's report and recommendations
May 30, 2005
Commission terminates
Mar 31, 2005
Commission submits report of findings and recommendations to President
Feb 6, 2004
Commission adopts security rules after consultation with SecDef, AG, and DCI
Feb 6, 2004
SecDef, AG, and DCI jointly report to President on whether security rules are consistent with national security

Key directives

Establish Commission on Intelligence Capabilities Regarding WMD within EOP
Assess whether Intelligence Community is sufficiently authorized, organized, equipped, trained, and resourced for counterproliferation
Specifically examine pre-Operation Iraqi Freedom intelligence and compare with Iraq Survey Group findings
Evaluate intelligence on Libya and Afghanistan WMD programs before and after policy changes
Submit report to President by March 31, 2005
President to consult with Congress within 90 days of receiving report
President to propose appropriate legislative recommendations
Commission terminates within 60 days after submitting report
Commission adopts security rules promptly upon commencing work
SecDef, AG, and DCI to jointly report to President on security rule adequacy

Who is ordered

Timeline

Immediate

Commission established within Executive Office of the President
Security clearance processing initiated by Attorney General and DCI
Administrative support and funding arranged by Office of Administration

Near term (90d)

Commission adopts security rules after consultation with SecDef, AG, and DCI
SecDef, AG, and DCI jointly report to President on security rule adequacy
Commission begins full access to intelligence information across executive branch

Long term

Commission submits final report to President by March 31, 2005
President consults with Congress within 90 days of receiving report
President proposes any appropriate legislative recommendations
Commission terminates within 60 days after submitting report

Risks & tensions

Commission's independence claim (Sec. 6(b)) may conflict with placement within EOP and presidential modification authority over security rules (Sec. 5(b))
Two-thirds quorum requirement (Sec. 3) could impede operations if membership gaps occur
Scope limited to advising President (Sec. 6(a)) despite high public interest in Iraq intelligence accountability
Security clearance 'expeditious processing' (Sec. 5(a)) is vague and agency-dependent
No enforcement mechanism if agencies resist information requests beyond 'promptly furnish' language