Dm B4 Gao Fdr- Entire Contents- Correspondence W Gao Re Document Requests 309

Thomas H. Kean CHAIR

September 2, 2003

Max Cleland

The Honorable David M. Walker Comptroller General General Accounting Office 441 G Street, NW Washington, DC 20548

Frederick F. Fielding

Dear Mr. Walker:

Lee H. Hamilton VICE CHAIR Richard Ben-Veniste

Jamie S. Oorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

As a follow-up to your letter of July 28, 2003, establishing procedures for our Commission's access to GAO records, and our letter of July 29, 2003, we wanted to update you on our progress in reviewing GAO materials. We have now met with many of your staff and received valuable briefings from them on their work past, present, and future. We appreciate the cooperation we have received from you and the GAO. Based on these broader briefings to date, we would like to request the opportunity to inspect and copy selected workpapers from the following completed GAO Reports: 1. Border Security - Implications of Eliminating the Visa Waiver Program, November 2002 (GAO-03-38); 2. Border Security - New Policies and Procedures are Needed to Fill Gaps in the Visa Revocation Process, June 2003 (GAO-03-798); 3. Technology Assessment - Using Biometrics for Border Security, November 2002 (GAO-03-174); 4. Information Technology - Terrorist Watch Lists Should be Consolidated to Promote Better Integration and Sharing, April 2003 (GAO-03-322); 5. Land Border Ports of Entry - Vulnerabilities and Inefficiencies in the Inspections Process, July 2003 (GAO-03-782); •-*6. Homeland Security - INS Cannot Locate Many Aliens Because it Lacks Reliable Address Information, November 2002 (GAO-03188); 7. Immigration Benefit Fraud — Focused Approach is Needed to Address Problems, January 2002 (GAO-02-66); and 8. Potential Terrorist Attacks - Additional Actions Needed to Better Prepare Critical Financial Market Participants (GAO-03-414). In addition, we understand that you are in the process of completing a report on the U.S.-Visit Program, and we would ask for similar access to selected work papers once that report is released.

301 7 lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

The Honorable David M. Walker September 2-, 2003 Page 2

We understand that some of these papers may contain sensitive and classified materials, and we are of course prepared to provide you with the necessary clearances prior to seeking review of any classified materials. With best regards,

/t)aniel

Marcus General Counsel

Thomas H. Kean CHAIR

July 29, 2003

Lee H. Hamilton VICE CHAIR Richard Ben-Veniste

Jamie S. Gorelick

The Honorable David M. Walker Comptroller General General Accounting Office 441 G Street, NW Washington, DC 20548

Slade Gorton

Dear Mr. Walker:

Max Cleland Frederick F. Fielding

John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zeiikow EXECUTIVE DIRECTOR

Thank you and your staff once again for your ongoing assistance in the work of the Commission, hi our previous letter we identified three reports for which we requested access to GAO's workpapers. We would like to make a further request for information, specifically the opportunity to meet with and be briefed by relevant staff who worked on or are still working on the following matters. We understand that although most of these are completed reports, there are some that have not yet been publicly released. As agreed with members of GAO's General Counsel's Office, these discussions would initially be regarding objectives, scope, and methodology for these projects. In the event that after these discussions Commission staff determines that there is a Commission need to obtain access to GAO's workpapers for the completed reports, the Commission will request such access in writing in accordance with our previously agreed upon procedures. The reports that the Commission is currently seeking access to GAO staff for are as follows: • • • • • •

Border Security - New Policies and Procedures are Needed to Fill Gaps in the Visa Revocation Process, June 2003 (GAO-03-798); Information Technology - Terrorist Watch Lists Should be Consolidated to Promote Better Integration and Sharing, April 2003 (GAO-03-322); Border Security - Implications of Eliminating the Visa Waiver Program, November 2002 (GAO-03-38); Technology Assessment - Using Biometrics for Border Security, November 2002 (GAO-03-174); The current state of transportation security, with recommendations for improvements (report leader Susan Fleming); The CAPPS (Computer Assisted Passenger Prescreening System) II program (report leader Cathleen Berrick); 301 7lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-11 commission.gov

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• • • •

Aviation security research and development (report leader Gerald Dillingham); Federal Air Marshal Program (report leader Gerald Dillingham); Airport Checkpoint Screener Workforce (report leader unknown); and Potential terrorist Attacks: More Actions Needed to better Prepare Critical Financial Markets February 2003 (GAO-03-414, GAO-03468T, GAO-03-251) (Davi M. D'Agostino).

In addition, our staff would like to set up a briefing with appropriate people at GAO, including Raymond J. Decker, on the topic of risk management, especially with respect to transportation security. Please let us know who we should contact to arrange these briefings.

Janiel Marcus General Counsel

Is

G A Q

Accountability * Integrity ' Reliability

^^^Tf(~4~fi*r\r Genera of the United States

United States General Accounting Office Washington, DC 20548

July 28, 2003

The Honorable Thomas H. Kean Chairman The Honorable Lee H. Hamilton Vice Chairman National Commission on Terrorist Attacks Upon the United States Dear Messrs. Kean and Hamilton: Thank you for your efforts towards improving our Nation's security against terrorist threats, and for your interest in working closely with GAO in connection with your important statutory responsibilities. GAO is very supportive of the mission of the Commission. We recognize that the Commission was created in the legislative branch, and was directed by statute to build upon the investigations of other entities to avoid unnecessary duplication. We have dedicated and will continue to dedicate significant resources towards addressing the complex issues involved with homeland security. As you are aware, GAO has already issued over 100 reports on numerous aspects of homeland security, which are available to the Commission in their entirety. In order to maximize our effectiveness and equity to our numerous congressional clients, we have adopted specific protocols to address how GAO performs its work and manages the information it obtains. Consistent with these protocols, and in response to a request for information from GAO in your letter dated June 27, 2003, we will provide you access to our workpapers for the three reports you cited, as well as other issued products related to your inquiry, under the following general conditions: 1) GAO can only provide information on issued GAO reports, testimonies, or other released products. 2) Classified materials will only be shared with Commissioners, or with Commission staff with the appropriate security clearances.1 3) GAO will grant the Commission access to its workpapers at the GAO site, and will provide copies of selected workpapers. This access is subject to legal and privacy considerations. The Commission will maintain the same 1 In order to facilitate this matter, please have the security clearance information for the Commission's staff forwarded to the GAO Office of Safety and Security [202-512-8116).

level of confidentiality as is required of GAO for any information obtained from GAO. 4) As a professional courtesy, GAO will notify the congressional requestor(s) for whom the GAO product was prepared that the Commission has requested a review of the GAO product and associated supporting materials. 5) Should the Commission intend to report publicly on information obtained from GAO that is not otherwise publicly available, the Commission will provide GAO with reasonable advance notice of such intended use. 6) Any additional requests for information beyond the three reports cited in the Commission's June 27, 2003, letter should be in writing. In addition, GAO staff will be glad to meet with Commission staff to discuss other issues of mutual interest. If you have any questions regarding this letter, or the circumstances under which GAO may assist the Commission, please don't hesitate to contact me at 512-5500 or Randall Yim, one of our Managing Directors for GAQ's Homeland Security and Justice team at 512-6787. Sincerely yours,

David M. Walker Comptroller General of the United States

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