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###### Executive Office of the President

# ACTION:

Notice. 

# SUMMARY:

The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (“Commission”) will meet in closed session on Wednesday, October 20, 2004, and Thursday, October 21, 2004, in its offices in Arlington, Virginia. 

Executive Order 13328 established the Commission for the purpose of assessing whether the Intelligence Community is sufficiently authorized, organized, equipped, trained, and resourced to identify and warn in a timely manner of, and to support the United States Government's efforts to respond to, the development of Weapons of Mass Destruction, related means of delivery, and other related threats of the 21st Century. This meeting will consist of briefings and discussions involving classified matters of national security, including classified briefings from representatives of agencies within the Intelligence Community; Commission discussions based upon the content of classified intelligence documents the Commission has received from agencies within the Intelligence Community; and presentations concerning the United States' intelligence capabilities that are based upon classified information. While the Commission does not concede that it is subject to the requirements of the Federal Advisory Committee Act (FACA), 5 United States Code Appendix 2, it has been determined that the October 20-21 meeting would fall within the scope of exceptions (c)(1) and (c)(9)(B) of the Sunshine Act, 5 United States Code, Sections 552b(c)(1) & (c)(9)(B), and thus could be closed to the public if FACA did apply to the Commission. 

# DATES:

Wednesday, October 20, 2004 (9 a.m. to 5 p.m.) and Thursday, October 21, 2004 (9 a.m. to 1 p.m.). 

# ADDRESSES:

                        Members of the public who wish to submit a written statement to the Commission are invited to do so by facsimile at (703) 414-1203, or by mail at the following address: Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, Washington, DC 20503. Comments also may be sent to the Commission by e-mail at                         *comments@wmd.gov*.                     

# FOR FURTHER INFORMATION CONTACT:

Brett C. Gerry, Associate General Counsel, Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, by facsimile, or by telephone at (703) 414-1200. 

Victor E. Bernson, Jr. 

Executive Office of the President, Office of Administration, General Counsel.

[FR Doc. 04-22218 Filed 10-1-04; 8:45 am] 

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