7 S/ES 200316281

United States Department of State

Washington, D.C. 20520

August 1, 2003

SENSITIVE BUT UNCLASSIFIED

MEMORANDUM FOR MR. TOM ELDRIDGE

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBJECT: National Commission on Terrorist Attacks Upon the

United States request for Documents (Request for
Documents Request No. 2)

This is in further reply to the National Commission on

Terrorist Attacks Upon the United States' request for Department
of State documents.

Attached is the second installment of documents in response

to your request. Additional installments will be provided as we
complete our search and review of material.

This installment consists of unclassified documents.

Please note that although the material is not classified, some
of it may be "Sensitive But Unclassified" for law enforcement
reasons. Therefore, we request that these documents be
protected from unauthorized disclosure.

We hope this information is useful to you. As always,

please do not hesitate to contact us if you have further*'"
questions.

Karl Hofmann
Executive Secretary

Attachments:
1. State Department documents
2. Incoming Request

SENSITIVE BUT UNCLASSIFIED

 S/ES No.200316281 REV
United States Department of State

Washington, D.C. 20520

JUL3I P

ACTION MEMORAND July 31, 2003 F

SENSITIVE BUT UNCLASSIFIED

TO: P - Under Secretary Grossman

FROM: CA - Maura

SUBJECT: National Commission on Terrorist Attacks Upon the

United States request for Documents (S/ES No.
200316281/Request No. 2)

Issue for Decision

• Whether to make the attached materials available to the

National Commission on Terrorist Attacks Upon the United
States.

In a June 24 letter (Tab 1), the National Commission on

Terrorist Attacks Upon the United States (the "Commission")
requested that the Department provide it with documents and
information contained in a 19-item list of subject areas. State
has already shared documents related to item numbers 1-7, 9, 12,
14, 15, 18 and 19 on the Commission's list.

This is the second tranche of documents (Tab 3) that we

propose to make available to the Commission. The attached
documents are primarily responsive to items number 8, 13, and 17
of the Commission's request. This tranche consists of documents
setting forth the Department's budget requests and amounts
appropriated by Congress for fiscal years 1998-2004; documents
issued since the inception of the Visa Waiver Program setting
forth policy and procedure; and documents summarizing training
initiatives or briefings for consular officers instituted after
9/11/01, including several dozen "Intelligence Alert Bulletins"
sent to consular sections. All of it is unclassified.

SENSITIVE BUT UNCLASSIFIED

 SENSITIVE BUT UNCLASSIFIED
-2-
CA is continuing its search for items listed in the
attached request. Documents produced by NBA, PRM and S/ES are
currently being reviewed. We will make the next installment

available to the Commission as soon as we have located and

processed additional documents.

The attached memorandum to Tom Eldridge of the Commission

(Tab 1) will accompany the documents. This is similar to the
-two previous memorandum^ that you have authorized for
transmittal to the Commission in response to its request.

Although the material is not classified, some of it is

"Sensitive But Unclassified" for law enforcement reasons.
Therefore, we have requested that the Commission protect these
documents from unauthorized disclosure.

In accordance with the Department's standard practice, we

have also excised the names of drafting, clearing and approving
officers below the level of Assistant Secretary or Ambassador,
as well as information related to the deliberative process and
other non-responsive information.

Recommendation

That you approve making the documents at Tab 3 available to

the National Commission on Terrorist Attacks Upon the United
States.

Approve IpAj Disapprove --*••. -

1 AUG 2003
Attachments:
Tab I - Memorandum to Mr. Eldridge.
Tab 2 - Incoming Request from the Commission.
Tab 3 - Index of State Department Responses to Items 8, 13 and 17.

SENSITIVE BUT UNCLASSIFIED

 SENSITIVE BUT UNCLASSIFIED
-3-

Drafted:CA/P:Paula A. Williams 07/18/03, X74744

Revised:07/31/03

Clearances:
CA/P:EVa zque z (ok)
CA:ASimkin
A/RPS:REdwards, Acting(ok)
H:JLande (ok)
L/CA:Jkropf (ok) 9/11 Working-level Employee
D:RBeecroft (ok)
P:BBrink (ok) ....
M:Ensslin (ok) ....--"
S/ES-IAl Kok)
S/ES-CR:BHorton (ok)

SENSITIVE BUT UNCLASSIFIED

 wsji^. DEPARTMENT OF STATE
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UNCLASSIFIED ^^^^1§M S/RS BY:
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7
S/ES CONTROL NO.
(Classification/Downgrader)

ACTION ASSIGNED TO;

2QB3JUN2b P %a3^ 200316281
; ACTION REQUESTED: HIGH PRIORITY ITEM

PREPARE A CROSS-HATCH CABLE REPLY

FOR MAI, STATF, TO MFMO
..^ FOR PRESIDENT/VICE PRESIDENT.
STATFTPANSMITTAl FORM ^CANNE:D
TO NSC OVP . ,. SEND A COMEBACK COPY OF OUTGOING
*/ w • -i £> ; £.
-:J J STATE CABLE AND ORIGINAL WH/OVP
WITH DRAFT REPLY FOR SIGNATURE CORRESPONDENCE UNDER COVER OF A
BY: TRANSMITTAL FORM (NSC /OVP).
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WITH AN EXPLANATION IN REMARKS AS
TO WHY NO REPLY IS NECESSARY.
ppnvinFINFnrnPYnFp1RF.rTRFPI.YONRF.HAI.FOF ALONG WITH ORIGINAL
INCOMING WH/OVP CORRESPONDENCE UNDER COVER OF A TRANSMITTAL FORM.

*X.. RECOMMENDATION FOR ?— UNDER COVER ()F AN ACTION MEMO WITH REPLY FOR SIGNATURE
BY- Hofmann-Eldridqe memo (samp le attached)
(FOR SCHEDULE ITEMS ONLY): RECOMMEND/iTION FOR UNDER COVER OF AN
ACTION MEMO WITH REPLY FOR SIGNATURE. OR IF DECLINED: DIRECT REPLY ON BEHALF
OF
DIREHT REPLY OJM RpHAL-F nF FnR APPROPRIATF.HANDI.INO
WITH RF.PI Y FOR SIGNATURE BY FnR YniFR TNFORMATION
PROVIDE INFO COPY OF DIRECT REPLY TO S/ES .rp 'j.

REMARKS/SPECIAL INSTRUCTIONS: CAi P13- coordinate State ' s "response under cover of an Action
Memo to P along with a Hofmann-Eldridge memo. Pis clear /coordinate with D, P, M, A/RPS/IPS,
S/ES-CR, B.afxi others as. appropriate. Tranches are welcome. Information already provided to Con-
?™i?BIwmj. y laentaflfea. Please identify exceptionally burdensome requirements. Thanks.
L'Lff'AK W 1 1 ti* n P M T a A>TJC /TTJC c /vc_pi3 u „ ..
COPIES TO: XX sws XX A KX/CCT <?/OF "

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9/11 W o r k i n g - l e v e l Employee FAX: 7- 2283
Thomas H. Kean DOS DOCUMENT REQUEST NO. 2
CHAIR

Lee H. Hamilton The National Commission on Terrorist Attacks Upon the United States (the
VICE CHAIR
"Commission") requests that the Department of State (DOS or the "respondent")
Richard Ben-Veniste
provide the Commission with copies of the following documents no later than July 8,
Max Cleland 2003 (the "production date"):
Fred F. Fielding
1. All materials provided by the State Department to the Joint Inquiry.
Jimie S. Gotelick

Slade Gorton
2. All documents provided by the State Department to the General Accounting Office
in connection with its investigation into the visa process which resulted in the
John Lehman report: Border Security: Visa Process Should be Strengthened as an Antiterrorism
' Timothy J. Roemer Tool, October 2002, GAO-03-132NI.
James R, Thompson
3. Copies of all visa applications (not redacted) and any supporting documents,
including information contained in computer databases, for all the 9/11 hijackers.
Philip D. Zelikow
EXECUTIVE DIRECTOR
4. All memoranda having to do with issuance of visas to the 9/11 hijackers.

5. Documents setting forth policy, procedure, evaluation criteria, and findings for the
Visa Express Program and any other programs expediting visa processing in force
from February 1993 to the present for Riyadh, Jeddah, Berlin, Dubai, and Abu
Dhabi posts.

6. Annual statistical summaries and analyses of visa applications (including for third-
country national applicants), average processing times, categories of visas,
refusals, and reasons for refusals (statutory provisions) for the period from 1995
through 2003 for Riyadh, Jeddah, Berlin, Dubai, and Abu Dhabi-posts.

7. Annual Reports of the Visa Office, and worldwide summary consular packages for
the period 1990-2003.

8. Documents setting forth the State Department's budget requests overall and for
Consular Affairs, Diplomatic Security, and Intelligence and Research (INR), and
the amounts appropriated by Congress and signed into law by the President for
those entities for fiscal years 1998-2004.

9. Documents describing the State Department's Border Security Program for the
period fiscal years 1995-2004, including resources devoted to the program,
clearance processes, and automated consular system support.

TEL (202) 331-4060

FAX (202) 296-5545
www.9-1 lcommission.gov
DOS Document Request No. 2
Page 2

10. Documents memorializing establishment and subsequent fee revisions of the machine readable visa
(MRV) program, MRV fee, and related automation.

11. Memoranda to "7th Floor" principals, for the period 1993 to 2003, discussing policy priorities guidance
with respect .to the issuance of visas, generally; the visa waiver policy; or visa and migration issues in
relations with the following countries: Afghanistan, Egypt, Iran, Iraq, Malaysia, Pakistan, Qatar, Saudi
Arabia, and Yemen.

12. Documents, including memoranda, cables, and portions of the Foreign Affairs Manual setting forth the
procedures to be followed and the amount and kind of evidence needed to deny a visa on terrorism
grounds under the Immigration and Nationality Act (INA), as amended, from 1998 to 2003.

13. Documents issued since the inception of the Visa Waiver Program at the level of Assistant Secretary or
above setting forth policy and procedures on the implementation of the program and any subsequent
modifications to it.

14. Policy guidance sent to posts after 9/11/01 setting forth changes to visa and refugee policy and procedures
as a result of the events of 9/11/01.

15. All blank visa and refugee application forms used by posts and instructions to the field introduced after
9/11/01.

16. Documents describing efforts by State, alone or on an interagency basis, since 9/11/01, to reassess visas
issued prior to 9/11/01 in order to determine whether any such visas had been issued to terrorist-affiliated
aliens.

17. Documents summarizing training initiatives or briefings for consular officers instituted after 9/11/01 on
counterterrorism, document fraud, and the CLASS system.

18. Documents setting forth policies and procedures implementing the Enhanced Border Security and Visa
Entry Reform Act of 2002.

19. Documents, including telegrams to the field, to and from officials at the level of Assistant Secretary or
above setting forth policy and procedure statements regarding the visa referral program since 1998.

The Commission requests that the documents requested above be provided as soon as they are available,
even though all requested documents may not be provided at the same time, through means of a "rolling"
production.

If any requested documents are withheld from production, even temporarily, based on an alleged claim of
privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in
no event later than the production date, identify and describe each such document or class of documents, as
well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to
any such withholding.
DOS Document Request No. 2
Page 3

If the respondent does not have possession, custody or control of any requested documents but has
information about where such documents may be located, the Commission requests that the respondent
provide such information as soon as possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of these document
requests, the Commission requests that any such questions or concerns be raised with the Commission as
soon as possible so that any such issues can be addressed and resolved prior to the production date.

June 24, 2003 Daniel Marcus

General Counsel