T5 B63 IG Materials 1 of 3 Fdr- 1-2-03 Grassley Letter to Powell Re DOS IG Report 462

8/14/2019 T5 B63 IG Materials 1 of 3 Fdr- 1-2-03 Grassley Letter to Powell Re DOS IG Report 462

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NO.528 PI

Charles E. GrassleyUnited States Senator

- Iowa -135Hart Senate Office BuildingWashington, D.C 20510

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

To:

From:

Subject

~_ FAX;s-J Date:

No. of Pages (Including Cover):

Comments:


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Inspector General Finds Flaws with Visa PoliciesDecember 19,2002

Dear Colleague:la aneffort tohighlight theneed for reform in our visa issuing policies, I want to share with youa recent report from the StateDepartment Office of the Inspector General. Tile report, "Reviewof JVoninmigrant Visa Issuance Policy and Procedure," highlights serious vulnerabilities inour visa procedures.The Inspector General clearly states thai the "post-September 11ereshould have witnessedimmediate and dramatic changes in ConsularAffair's direction of the visaprocess. This Jias nothappened"As wecontinue to makeour visa system moresafe and efficient, it is critical thatwe look to theflaws in tie process and seeJc viable solutions. I encourageyou.and your staff to view this reportat hns://oig.state.gov/.

Sincerely,

CliarlesE, GrassleyUnitedStates Senator

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January 2.2003The Honorable Colin PowellSecretary of State2201 C ;Streei NWWashinj.ion, DC 20520

Dear Sec retary Po*elJ: 'I write to express my concern about a recent StateDepartment Inspector General report

that found continued and serious flaws in theBureau of Consular Affairs' (CA) non-immigrantvisa procssses, and to seek assurances that the visa issuance process will reflect a greater regardfo r natioiAl security'. . '

A; you know, I have been concerned about theCA's visa issuance processes and jconducted oversight in an attempt to fix theproblems. Among other things, I directed my staff tointerview Maura Harry, your choice tohead CA, before I decided to support her confirmation. Ialso drafted an amendment to thehomeland security legislation that gives the new Secretary ofHomeland Security a greater role in overseeing the visa issuance process. This amendment iwasaccepted and is now law. Finally, I requested that the Inspector General investigate the visa-issuance p recess and report to mehis findings and recommendations. ;

The findings of Inspector General ClarkKent firvfn's repon, entitled "Review of ;Nonimmigrant Visa Issuance Policy andProcedures," 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 (p n theWorld Tijac'e Center. Congress mandated the issuance of machine readable visas and CLASSname checks worldwide .. .[and] theVisas Viper Programs." What concerns me,howeverj isthat even'in the post-September 1 1 world, there woreno "immediate and dramatic changes yiCA's direction of the visa process ---- A fundamental readjustment by the Department leadershipregarding visa issuance and denial has not taken place," according to the report. iiiIn ra y view, the redacted, public version of the repon, whichI will confine my rcmarjks to,finds that 4e.;uriry aspects of the visa issuance process are fragmented, without standards oroversight a n < i present a continued risk.


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

Visa referrals present an even greater potential danger, and the report finds thara is Ijttleaccountability. 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'sadmission 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 nobusiness in visa issuance seek to influence thematter. The report stated this was "common in missions with small consular sections." This is aserious matter that should command the department's attention immediately. ,

iWhen visa issuing posts employ foreign travel agencies, standards fo r selection, oversight

and training are allover the map, orsometimes non-existent Moreover, some applicationsprocessed by travel agencies have received link scrutiny from CA officers.

Alarmingly, fraud prevention efforts, databases and personnel ere not integrated into.thevisa 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 idocument; and who mayhave ties to terrorism - fixing this problem should be a high priority.

iThe portion of the report dealing with theVisas Viper program, which is a watchlist bfpersons doemed a national security risk, is classified. Suffice it to say. the program has problemsand needs to be improved. :

Until 1 was iaformed of Asst. SecretaryHarry's written response to the report, the on^ychange th* 11 was awareof at CA was that the former director. Mary Ryan, resigned, and the ViaaExpress program was terminated. ;

I appreciate Asst. Secretary Harty's pledge to implement the recommendations, and i#some casi even to go beyond what the report calls for. I am concerned, though, that an attitudeof unproductive finger pointing persists. Asst. Secretary Harry, in her response ro the report!writes: "CA and at times the Departmentarc faulted in isolation for actions or inactions that arebut a piece of a total picture that includes the entire national security and immigration policyapparatus C 'f the United States government." :


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I did not request a report to examinethe total picture, or even the national security ^ndimmigration policy apparatus of this government Irequested the Inspector General to jinvesu'gate the visa issuanceprocess. The numerousproblems found were not the resulr of jlegistirive action or regulations imposed byother agencies. Theproblems were in the practice,process andprotocols (o r lack thereof) of issuing non-immigrant visas by CA officers.

Whatever CA has done since the attacks of September 11,2001,1chink we both can,'agree that there is much, more to do T O improvenational security. i - i

' i- ~ _ My concern about the Inspector General's report brings me to the confirmation of MauraHarty as Assistant Secretary far ConsularAffairs. My staff was promised by Assistant SecretaryHarty.prior to Senate confirmation, that she was a force for reform and an agenl for changeJinthe CA bureau. Specifically, shepromised 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, '

/~ - Iwill hold Assistant Secretary Harry to these assurances, and I think a serious change? isnecessary in the CA bureau's visa issuancepractices andpolicies. AlthoughAssistant SecretaryHarty ha;: been in her position for onlya few months, I expect to learn of reforms in the near;nature. It i anyevent, based onAssistant SecretaryHarry's assurances. I expect her to embraqerhe Inspa.ior General's recommendations, and chat she will begin to implement serious change atCA. j

I appreciate that in Assistanr Secretary Harry's response she agreed with most jrecommendations, and that some are already underway. Toreassure me, however, I ask ihar youdirect her lo respond to me, in writing, explaining whichof the 19 recommendations she willundertake or already is; the time line for implementing these recommendations; and an iexpknarioi i for why she is not carrying out any recommendations. i

I> - . I aniicipate that such a response can be made by Monday, January20, 2003. If i

department officials feel a briefingfor my stafl; in addition ro the written response, would be!fruitftU, J would appreciate that aswell. Ypur office should conlacr Kathy Nuebel, at (202) 24-3744, or Join Drake, at (202) 224-5315, of my staff if there are any questions. !

i: Sincerely, j

Charles E. Grassley-RankingMemberSubcommittee on Crime and Drugs

c:.The Honomble Maura Harryssistant Secretaryfor Consular Affairs

Documents

T5 B63 IG Materials 1 of 3 Fdr- 1-2-03 Grassley Letter to Powell Re DOS IG Report 462