NO.528 P.

Charles E. Grassley
United States Senator
- Iowa -

135 Hart Senate Office Building

Washington, D.C 20510

Phone:(202)224-3744
Fax: (202) 224-6020

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Inspector General Finds Flaws with Visa Policies

December 19,2002

Dear Colleague:

la an effort to highlight the need for reform in our visa issuing policies, I want to share with you
a recent report from the State Department Office of the Inspector General. Tile report, "Review
of JVoninmigrant Visa Issuance Policy and Procedure," highlights serious vulnerabilities in
our visa procedures.

The Inspector General clearly states thai the "post-September 11 ere should have witnessed
immediate and dramatic changes in Consular Affair's direction of the visa process. This Jias not
happened"

As we continue to make our visa system more safe and efficient, it is critical that we look to the
flaws in tie process and seeJc viable solutions. I encourage you.and your staff to view this report
at hns://o ig.state.gov/.

Sincerely,

CliarlesE, Grassley
United States Senator

RANKING, C^mmittaB Assionrnenrs:

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January 2.2003

The Honorable Colin Powell

Secretary of State
2201 C ;Streei NW
Washinj.ion, DC 20520

Dear Sec retary Po*elJ: '•

I write to express my concern about a recent State Department Inspector General report
that found continued and serious flaws in the Bureau of Consular Affairs' (CA) non-immigrant
visa procssses, and to seek assurances that the visa issuance process will reflect a greater regard
for natioiAl security'. . '

A; you know, I have been concerned about the CA's visa issuance processes and j
conducted oversight in an attempt to fix the problems. Among other things, I directed my staff to
interview Maura Harry, your choice to head CA, before I decided to support her confirmation. I
also drafted an amendment to the homeland security legislation that gives the new Secretary of
Homeland Security a greater role in overseeing the visa issuance process. This amendment iwas
accepted and is now law. Finally, I requested that the Inspector General investigate the visa-
issuance p recess and report to me his findings and recommendations. ;

The findings of Inspector General Clark Kent firvfn's repon, entitled "Review of ;
Nonimmigrant Visa Issuance Policy and Procedures," trouble me greatly. |

The report states that prior to September 1 1 , 2001. "the visa process was seldom :
considered a major element of national security. . . despite the fact that after Che first attack (pn the
World Tijac'e Center. Congress mandated the issuance of machine readable visas and CLASS
name checks worldwide . . . [and] the Visas Viper Programs." What concerns me, howeverj is
that even'in the post-September 1 1 world, there wore no "immediate and dramatic changes yi
CA's direction of the visa process ---- A fundamental readjustment by the Department leadership
regarding visa issuance and denial has not taken place," according to the report. i
i
i
In ra y view, the redacted, public version of the repon, which I will confine my rcmarjks to,
finds that 4e.;uriry aspects of the visa issuance process are fragmented, without standards or
oversight an<i present a continued risk.
 OIG/FO i!004
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jan-or-2003 03:30,* Froit-Charlsi E 202-228-0578 Mir P.003/OD4 MOT

P crsoaal appearance waivers, which allow an applicant to skip the very important '
interview with the CA officer, can be a dangerous gap in security. Unfortunately, the policy for
granting these waivers ia willy-nilly- each post according to its own. I am heartened by Asst.
Secretary Harry's written response that new (and hopefully stricter) policies for granting waivers
will be issued soon. :

Visa referrals present an even greater potential danger, and the report finds thara is Ijttle
accountability. The referral system allow* other officials at posts to recommend that an ;
applicant's interview and some security checks be waived when the official feels the applicant's
admission is "in the government's interest." Essentially, this is a "get into the countty free" card,
a guarantee.

Tie repon also found thai officials with no business in visa issuance seek to influence the
matter. The report stated this was "common in missions with small consular sections." This is a
serious matter that should command the department's attention immediately. ,
i
When visa issuing posts employ foreign travel agencies, standards for selection, oversight
and training are all over the map, or sometimes non-existent Moreover, some applications |
processed by travel agencies have received link scrutiny from CA officers.

Alarmingly, fraud prevention efforts, databases and personnel ere not integrated into.the
visa issuing process. In light of the search, for several foreign-born men who slipped into th?
United Stitres - who apparently are connected to an investigation of fake identification i
document; and who may have ties to terrorism - fixing this problem should be a high priority.
i
The portion of the report dealing with the Visas Viper program, which is a watchlist bf
persons doemed a national security risk, is classified. Suffice it to say. the program has problems
and needs to be improved. :

Until 1 was iaformed of Asst. Secretary Harry's written response to the report, the on^y
change th* 11 was aware of at CA was that the former director. Mary Ryan, resigned, and the Viaa
Express program was terminated. ;

I appreciate Asst. Secretary Harty's pledge to implement the recommendations, and i#

some cas»i even to go beyond what the report calls for. I am concerned, though, that an attitude
of unproductive finger pointing persists. Asst. Secretary Harry, in her response ro the report!
writes: "CA and at times the Department arc faulted in isolation for actions or inactions that are
but a piece of a total picture that includes the entire national security and immigration policy
apparatus C'f the United States government." •• :
 20Z-228-DE78 T-I67 P.004/004 r-407
ii3:3dp«i

I did not request a report to examine the total picture, or even the national security ^nd
immigration policy apparatus of this government I requested the Inspector General to j
inves u'gate the visa issuance process. The numerous problems found were not the resulr of j
legistirive action or regulations imposed by other agencies. The problems were in the practice,
process and protocols (or lack thereof) of issuing non-immigrant visas by CA officers.

Whatever CA has done since the attacks of September 11,2001,1 chink we both can,'
agree that there is much, more to do TO improve national security. i
«•- i
•• ' i
-~_ My concern about the Inspector General's report brings me to the confirmation of Maura
Harty as Assistant Secretary far Consular Affairs. My staff was promised by Assistant Secretary
Harty. prior to Senate confirmation, that she was a force for reform and an agenl for change Jin
the CA bureau. Specifically, she promised that she fully understood the importance of visa ]
issuance in the post-September 11, 2001 world, and promised that she would use General •
Accounting Office reports as a blueprint for change in the CA office, '
/

~- I will hold Assistant Secretary Harry to these assurances, and I think a serious change? is
necessary in the CA bureau's visa issuance practices and policies. Although Assistant Secretary
Harty ha;: been in her position for only a few months, I expect to learn of reforms in the near;
nature. Iti any event, based on Assistant Secretary Harry's assurances. I expect her to embraqe
rhe Inspa.ior General's recommendations, and chat she will begin to implement serious change at
CA. j

I appreciate that in Assistanr Secretary Harry's response she agreed with most j
recommendations, and that some are already underway. To reassure me, however, I ask ihar you
direct her lo respond to me, in writing, explaining which of the 19 recommendations she will
undertake or already is; the time line for implementing these recommendations; and an i
expknarioi i for why she is not carrying out any recommendations. i
I
>-. I aniicipate that such a response can be made by Monday, January 20, 2003. If i
department officials feel a briefing for my stafl; in addition ro the written response, would be!
fruitftU, J would appreciate that as well. Ypur office should conlacr Kathy Nuebel, at (202) 2£4-
3 744, or Joi n Drake, at (202) 224-5315, of my staff if there are any questions. !
i
: Sincerely, j

Charles E. Grassley-
Ranking Member
Subcommittee on Crime and Drugs

c: .The Honomble Maura Harry

ssistant Secretary for Consular Affairs