Defense and national security

Executive Order 13328: Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction

President: George W. Bush

Created a presidential commission to review U.S. intelligence capabilities concerning weapons of mass destruction and report findings.

Status: Revoked. Is Executive Order 13328 still in effect? No. Executive Order 13328 was revoked. See Federal Register record.

What does Executive Order 13328 do?

The commission delivered its report to the President on March 31, 2005; the commission's temporary charter was subsequently revoked.

Administration position: A completed commission report documents findings and recommendations, not adoption of every recommendation or proof about a particular intelligence claim.
SignedFebruary 6, 2004
Original directionCreated a presidential commission to review U.S. intelligence capabilities concerning weapons of mass destruction and report findings.
Later evidenceThe commission delivered its report to the President on March 31, 2005; the commission's temporary charter was subsequently revoked.
Review dateSeptember 26, 2026

Before and after

Before the order

Questions about prewar intelligence on Iraqi weapons programs led to a commission mandate to assess collection, analysis and institutional capabilities.

After the order

The commission delivered its report to the President on March 31, 2005; the commission's temporary charter was subsequently revoked.

A completed commission report documents findings and recommendations, not adoption of every recommendation or proof about a particular intelligence claim.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
WMD Intelligence CommissionAssess intelligence capabilities and authorities for proliferation threats; compare prewar Iraq intelligence with later findings, examine closed-society collection challenges and Libya/Afghanistan assessments; adopt security procedures and report findings and recommendations.Security procedures promptly on commencing work; report by March 31, 2005; terminate within 60 days after submission.
Commission Co-ChairsConvene and preside at meetings, set the agenda after member consultation, direct work, assign responsibilities and hire or obtain staff including the Executive Director.No separate deadline specified.
CIAUtilize the Commission and its resulting report.As Commission work and report become available.
Other Intelligence Community componentsUtilize the Commission and its resulting report.As Commission work and report become available.
PresidentConsult Congress about the report and recommend appropriate legislation; may modify Commission security procedures.Consult Congress within 90 days of receiving the report.
Heads of departments and agenciesSupply requested mission-relevant information to the maximum extent lawfully permitted.Promptly upon request.
Attorney GeneralEnsure expeditious security-clearance processing with DCI; consult on security procedures and jointly report their adequacy to the President.Clearances expeditiously; security judgment promptly.
Director of Central IntelligenceEnsure expeditious security-clearance processing with the Attorney General; consult on security procedures and jointly report their adequacy to the President.Clearances expeditiously; security judgment promptly.
Secretary of DefenseConsult on Commission security procedures and jointly report their adequacy to the President.Promptly.
Director of the Office of AdministrationProvide or arrange administrative support and ensure adequate lawful funding with OMB assistance.No separate deadline specified.
OMB DirectorAssist the Office of Administration Director in ensuring Commission funding.No separate deadline specified.
Later actionThe commission delivered its report to the President on March 31, 2005; the commission's temporary charter was subsequently revoked.March 31, 2005

What happened next

EO 13328 signed.

The commission delivered its report to the President on March 31, 2005; the commission's temporary charter was subsequently revoked.