Dm B5 Omb Fdr- Entire Contents- Questions- Responses To Document Requests And Withdrawal Notices 145

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EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D. C 2O5O3

GENERAL COUNSEL

February ] 8, 2004

Daniel Marcus, Esq. Genera] Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: Consistent with the President's policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Office of Management and Budget ("OMB") is today providing to the Commission additional documents and information that may be responsive to the Commission's request entitled "Request from the National Commission on Terrorist Attacks Upon the United States to the Office of Management and Budget regarding U.S. Funding for Counterterrorism," transmitted to OMB on January 20, 2004 (the "Request"). The documents provided today (Bates numbered 6230-6239, 8407-8408) are part of a rolling production, and supplement the installments provided on February 5,2004, and February 10, 2004. OMB is continuing to search for documents responsive to the Request, and will provide additional material, if any, as it becomes available. In addition to the items transmitted herewith, we are making available numerous documents for the Commission's review (Bates numbered 6240-8406, 8409-8414) in the NEOB reading room dedicated for the Commission's use. As discussed, these documents, which include highly deliberative and privileged materials (such as passbacks, agency appeals and director's review papers) will be accessible to Commissioners, Kevin Scheid, and such other staff as we may mutually designate in the future. We have agreed that these documents are made available subject to the procedures for Commission review of Executive Office of the President (EOF) documents and information outlined in your July 29,2003 letter to Associate Counsel to the President Thomas A. Monheim, and subsequent related communication between the EOF and the Commission. As discussed with Commission staff, OMB has not redacted the non-responsive portions of most of the documents made available today, in order to permit theresponsive material to be reviewed in context. The non-responsive portions are made available based on our understanding that the Commission will limit its note-taking and use of these documents to the responsive portions only. Further, some of the documents are so voluminous that only responsive pages (and surrounding identifying pages) have been duplicated. If, after review of these portions, you would prefer that the entire document be made available, please let us know.

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The referenced documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. We look forward to continuing to work with you to ensure that the Commission receives all of the information that it needs to fulfill its mission. Sincerely, \r Gj Newstead

General Counsel Office of Management & Budget

WITH DRAWAL NOTICE RG: 148 Box: 00002 Series: Copies: 1

Folder: 0001 Document: 36 Dan Marcus Files Pages: 18 ACCESS RESTRICTED

The item identified below has been withdrawn from this file: Folder Title: OMB Document Date: 03-17-2004 Document Type: Fax From: Colin Newman To: Dan Marcus Subject:

OMB's response to questions for the record

In the review of this file this item was removed because access to it is restricted. Restrictions on records in the National Archives are stated in general and specific record group restriction statements which are available for examination.

NND: 221 Withdrawn: 02-25-2008

by:

RETRIEVAL #: 221 00002 0001 36

Questions for the Record For The Office of Management and Budget From The National Commission on the Terrorist Attacks Upon the United States

1. Describe how the Office of Management and Budget (OMB) conducted oversight of US counterterrorism efforts from January 1995 to the terrorist attacks on the United States of September 11, 2001. How has this effort changed since September 2001? 2. How did OMB interact with other EOF offices to coordinate, evaluate, and resolve counterterrorism resource issues, including the National Security Council staff, the Office of the Vice President, the Office of Science Technology Policy and other offices from 1995 to September 11, 2001? What were the most important issues during this period? 3. From January 1995 to September 2001, were the counterterrorism efforts of the nation examined by the director of OMB or other senior officials in the annual "Director's Reviews." If so, what were the assessments, what changes were recommended and how did OMB staff follow up on these changes? 4. What metrics and/or performance measures were used by OMB to judge the effectiveness of the nation's counterterrorism efforts from January 1995 to September 2001? What metrics are used today? 5. From 1995 to 2001, did the OMB Director report to the President regarding the effectiveness of the nation's counterterrorism efforts; the adequacy of US resources on counterterrorism across the government; and the management of the overall national effort? 6. Describe any major differences, if any, on the effectiveness of US counterterrorism efforts between the OMB and the federal departments and agencies that execute CT programs during the years 1995 to September 2001. 7. Describe the nature of the OMB budget reviews on counterterrorism including the specific programmatic areas the reviews focused on (e.g., diplomatic, intelligence and/or military efforts); and the internal staff and analytic resources OMB assigned to the conduct of counterterrorism oversight. 8. Describe the role OMB plays in National Security Council forums to help formulate the government's counterterrorism policy, and the role, if any, OMB played in the review of NSC directed "special activities." 9. Describe the intelligence support provided to OMB senior officials to help them understand the nature of the terrorist threat and thereby evaluate whether resources were being appropriately applied to the problem. 10. What is the current resource strategy across the government to conduct the global war on terrorism? What is the estimated impact of this strategy on the federal budget?

11. Why has OMB opted to use supplemental appropriations to fight the war on terrorism? How does OMB assess the impact of this strategy on long term planning for war against terrorism? 12. What, if any, role does OMB play in rationalizing the responsibilities of: the Terrorist Threat Integration Center, the CIA Counterterrorist Center, the DoJ/FBI Counterterrorism Division, the DoD/DIA Joint Intelligence Tack Force on Counterterrorism, the Department of Homeland Security Information Analysis & Infrastructure Protection Directorate, the DoD/NSA Counterterrorism SIGINT Production Line and other similar entities across the government. 13. Describe efforts OMB is taking today through its budget guidance, budget reviews, management reviews, agency passbacks, and apportionment reviews to help avoid future terrorist attacks on the United States.

EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF M A N A G E M E N T AND BUDGET WASHINGTON, D. C. 2O5O3

GENERAL COUNSEL

February 10,' 2004 J

Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: Consistent with the President's clearly stated policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Office of Management and Budget ("OMB") is today providing to the Commission additional documents and information that may be responsive to the Commission's request entitled "Request from the National Commission on Terrorist Attacks Upon the United States to the Office of Management and Budget regarding U.S. Funding for Counterterrorism," transmitted to OMB on January 20, 2004. The documents provided today (Bates numbered 5197 - 6229) are being produced as part of a "rolling production," and supplement the first installment provided on February 5, 2004. As discussed with Commission staff on February 9, we expect to provide the remaining items from the Commission's January 20, 2004 request within the next few days. The referenced documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. We look forward to continuing to work with you to ensure that the Commission receives all of the information that it needs to fulfill its mission. Sincerely,

Jennifer G. Newstead Gfeneral Counsel Office of Management and Budget

EXECUTIVE OFFICE OF THE

PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D. C.

GENERAL COUNSEL

2O5O3

February 5, 2004 J

Daniel Marcus, Esq. General Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: Consistent with the President's clearly stated policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Office of Management and Budget ("OMB") is providing to the Commission documents and information that may be responsive to the Commission's request entitled "Request from the National Commission on Terrorist Attacks Upon the United States to the Office of Management and Budget regarding U.S. Funding for Counterterrorism," transmitted to OMB on January 20, 2004. In addition, OMB staff are today providing a briefing for Commission staff on the process employed by OMB from FY 1998 to the present for collecting data on "combating terrorism," including a discussion of the changes in definitions over time. The documents being provided today (Bates numbered 4572 - 5196) reflect the results of inquiries made of relevant offices within OMB in response to the request as we have discussed. They comprise: (i) Annual Reports on Combating Terrorism from 1998 - 2003, including classified annexes thereto (the "Annual Reports"); (ii) OMB Budget Data Request memoranda dated March 7, 2003, February 18, 2002, and September 16, 1997, associated with the collection of information for the Annual Reports; (iii) the FY 2005 Analytical Perspectives chapter on Homeland Security Funding from the President's FY 05 Budget request; (iv) provisions from the 1998 Defense Authorization Act, P.L. 105-85, and the Homeland Security Act of 2002, P.L. 107296, that relate to the data collection in the Annual Reports; and (v) copies of today's briefing materials. These documents and information are being produced as part of a "rolling production," consistent with the practice followed by the Executive Office of the President in responding to Commission requests. We will provide additional documents and information as soon as they become available. The referenced documents and information, and all documents and information subsequently furnished, are furnished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. Additionally, we have not redacted the names of OMB staff contained in the

documents. Please continue to work through Thomas Monheim, Associate Counsel to the President, rather than contacting staff directly. Sincerely,

l\r G Newstead General Cimnsel Office of Management and Budget