FO B3 Public Hearing 1-26-04 1 of 3 Fdr- Tab 3 Table of Contents and Tab 3-1 Suggested Questions for Panel One 680

8/14/2019 FO B3 Public Hearing 1-26-04 1 of 3 Fdr- Tab 3 Table of Contents and Tab 3-1 Suggested Questions for Panel One

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PANEL ONEThe Border Security System Prior to September 11

1) Suggested Questions for Panel O ne2) Prepared Testimony Mary A.Ryan

Doris Meissner3) Witness Biographies Mary A.Ryan

Doris Meissner4) Background Materials Ryan MFR

MeissnerMFR Summary of the Conspirator Visas: Who, When, and Where Joint Inquiry Excerpts on Hijacker Entry Hijacker Visa Applications Containing Fraudulent Responses Visa Express Cable Excerpt from Terrorist Training Manual Select Border Security-Related Legal Authorities


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S U G G E S TE D Q U E S T I O N S F O R P A N E L O N EThe Border Security System Prior to September 11Designated Commissioner: John Lehman

For Ambassador Ryan and Ms. Meissner:1) Border management role in countering terrorism

a. How did each of you in your capacities view the role of the consularofficer and the INS border inspector or Border Patrol in counteringterrorism?

b. What happened to the Red Book outlined in the video we just saw? Whywas production stopped and never taken up again after the 1993 WTCbombing?c. How well trained and how well informed were border officers fo r tasksinvolving national security in 2000 and 2001?

2) Government organization on border management. Both of you wereresponsible for key aspects of border management, Ambassador Ryan for theconsular offices overseas, and Ms. Meissner fo r admission through ports of entryan d preventing illegal entry along o ur borders, as well as both enforcing an dproviding benefits under o ur immigration laws.a. To what degree did the White House insist upon cohesive strategies in

border management between the State Department and the INS?b. Should the border management functions be elevated to a cabinet level

position?3) Border management information interdependency. Yo u have both discussed

your efforts to support each other in the development an d sharing o f informationrelevant to preventing entry by terrorists. Would each of you explain for us todaywhat type of information your counterpart had that was a priority fo r yourmission, and the success or failures of your efforts to share this information?(For example, INS sought and received TIPOFF. DOS sought INS refusals atports of entry and benefits adjudication results, but received these types ofinformation inconsistently.)

For Ms. Meissner:4) Student tracking. As stated in the staff statement this morning, the INS did notfund its student tracking pilot with th e $800 million technology moniesappropriated by Congress,an d ultimately deferred launching of a biometricstudent identification card an d developing th e pilot program nationally.


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a. Why did you not use the significant funding from Congress for technologyimprovements to develop and launch the student tracking program?b. Considering the widespread and known fraud that existed throughout thestudent visa process, why was development and testing of the biometricstudent identification card deferred from 1998 on? What was your view of

the use of biometrics for foreign students?c. In your conversation with White House counterterrorism advisor DickClarke about student tracking, what were his interests and how did yourespond?5) Entry-exit. Prior to September 11, 2001, Congress twice mandated that INSautomate arrival an d departure information for all aliens. The first time was in1996. Congress appropriated about $40 million over three years to get theproject done. It did not get done.

a. Please tell us what action you did take to get the program developed.b. Why did you decide to only automate entry and not exit? Overstays oflegal entrants were estimated to be in the millions.c. You told us during the course of Commission staff interviews that you, aswell as key constituencies on the northern and southern borders, opposedan entry-exit program on the land borders. Why?

6) Intelligence access. You stated during your interviews with Com mission staffthat you did not require staff to provide you with regular intelligence briefings,an d therefore had no knowledge of the activities ofal Qaeda during your tenureas IN S Commissioner. You also told us that you did not have regular intelligencebriefings because they weren't of good enough quality to inform your day-to-daydecisions. You stated that the poor quality was due to a number of reasons,including the INS' limited access to timely intelligence from the intelligencecommunity.a. If you had had access to timely intelligence on al Qaeda activities, howwould this information have informed INS strategy on the border (ports ofentry and Border Patrol), in the interior, and in benefits adjudications?b. Both interior enforcement policy planners and the National Security Unit,which was created in 1997, prepared and submitted counterterrorismstrategies to their senior ma nagers. How ever, these senior man agersnever responded. Several INS personnel interviewed by the Commissionhave stated that, in fact, you were generally anti-enforcement and thattherefore such documents would not have received your attention orapproval. Please respond.

7) Length of permitted stay for B2 tourists. Seventeen of the 19 hijackers wereadmitted for six months. This allowed them to enter in the spring of 2001 andremain legal through the hijackings. One hijacker only requested 20 days, bu t

Suggested Questions for Panel O ne


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-wa s still authorized for a s ix month s tay. O ur understanding is tha t the length ofpermitted stay of s ix months for B2 tourists dated back to the 1980s, before yo ubecame Commissioner.a. What was the reasoning behind establishing a six mo nth length of stay rule

for a tourist?b. The Visa Waiver Pilot Progra m included a review process fo r countriestha t sought to be brought into tha t progra m. Na tiona l security w a sconsidered. Did you or anyone with whom you worked ever raise theissue of the six mon th tourist length of stay being too long? Did you oranyone with whom you worked ever consider a rigorous country-by-country review process for length of stay, similar to that used for visawaiver decisions?

8) Use of immigration law to remove terrorists pre-9-11. Much ha s been ma desince September 11 abou t the use of immigration law in the wa r on terror.However , no t much ha s been discussed publicly about the role of the INS inremoving terrorists via the use of immigration la w prior to September 11 .a. W ould you outline for us how imm igration law was used to removeterrorists prior to September 11, and any special problems posed byterrorist cases?b. Wh at is your view of how immigration law was used post-9/11 in the waron terror?

Suggested Ques tions for Panel O ne

Documents

FO B3 Public Hearing 1-26-04 1 of 3 Fdr- Tab 3 Table of Contents and Tab 3-1 Suggested Questions for Panel One 680