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"United States Department of StateWashington, D.C. 20520

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Dear Ms. Westin:We appreciate the opportunity to review your draft report,

"BORDER SECURITY: Implications of Eliminating the Visa WaiverProgram," GAO-03-38, GAO Job Code 320101.

The Department's comments are enclosed forincorporation, along with this letter, as an appendix to theGAO final report. Please find technical comments alsoattached.

If you have any questions regarding this response, pleasecontact Colombia Barrosse, Office of Executive Director, Bureauof Consular Affairs on (202) 663-2504.

Sincerely,

r/wrlstophefc B. BurnhamAssistant Secretary ofResource Management andChief Financial Officer

Enclosure:As stated.

cc: GAO/IAT - Mr. BrummetState/OIG - Mr. BermanState/CA - Mr. Moss

Ms. Susan S. Westin,Managing Director,

International Affairs and Trade,U.S. General Accounting Office.

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Department of State Comments on GAO Draft ReportBORDER SECURITY; Implications of Eliminating the Visa

Waiver Program (GAO-03-38, GAO Code 320101)The Department appreciates the balanced approach taken byGAO in its evaluation of how the Visa Waiver Program (VWP)functions, and its contributions to our economy and to our]relations with participating countries. In general, we fimthe comments about the VWP to be in keeping with our ownviews as well as with our assessment of the implicationsand costs resulting from a blanket suspension of theProgram. As the GAO report makes clear, the VWP has beeneffective in achieving its original goals - promoting theeffective use of scarce government resources by focusingthem away from lower risk countries, and facilitatinginternational travel between the United States andcountries that grant reciprocal privileges toU.S.travelers. The VWP has also contributed significantly tothe U.S. conomy, particularly the tourism industry. TheDepartment is pleased that the GAO report also highlightsthe effectiveness of the VWP's formal review mechanisms inensuring that individual member countries adhere tomembership criteria in order to remain in the program. Theremoval of Argentina from the program in early 2002 is ademonstration of the VWP's self-regulating capacity.What is still in question, therefore, is whether the VWPcan continue to function "without unduly threateningnational security", particularly in the post-9/11 world. Itis the exploration of this issue in the GAO report thatraises some concerns for the Department. j?he GAO pointsout, for example, that it is not clear how many Tnerividuawith terrorjjyb j ,cg4m the--UrtTCecf States under the Visa Waiver Program. It namesZacarias Moussaoui as one of those individuals, but doenot describe the circumstances surrounding his port ofentry processing prior to admission into the United StatesThe report does not explain whether there was a flaw in theprocessing of that particular case or a systemic flaw inthe screening of VWP travelers. Thus, the report does notaddress whether the INS inspector conducted an interviewor, indeed, whether Moussaoui's name was run through thename-check system. It does not inform the reader that INS

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computers at port of entry contained no derogatoryinformation about Moussaoui that would have lead the INSinspector to deny him entry. It does not mention thatMoussaoui had been in federal (FBI) custody undergoingprofessional interrogation prior to 9/11 and that onlyafter the attacks did any information linking him toterrorist activities become available to border securityagencies, or, indeed, to the Department of State.The report then refers to the visa process butprovideJi yj tthe reader to adequately compare the two processes, that

J_-_i-l~ *WSB-**ijK-i3-v** ' - *W~", .f-fr...-~.^'- il .... -SRi. ,,,.is, a processpfjJoJjejjij^ aperon~seeRs"~eo"enter the United States, with no prior visaissuance (visa,waiver), and a process of port-of-entryinspections each time a person seeks to enter the .UnitedStates, with a visa having been issued to the alien sometime in the past. (In the case of a visa waiver countrynational, the relevant visa would generally be a multipleentry visa valid for up to ten years.) Given the time lagbetween visa issuance and actual travel, it should be clearthat the visa cannot substitute for INS inspection at portof entry, including a check against the INS lookout systemfor information about the alien available at that time. ^Inthis regard, it is important for the report to also makei , i i i " " " n " . . . . . . . . . . . . > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' " . . . . . . . . . . . i . . . . . . . . . . . .cleaj? Lliat the visa application proae ,s*a saot*guaEaateej - c . - --=,*s

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Thus, while (bhe GAO report is not intended (and does not)provide formali recommendations regarding the future of theVWP, it cuts off a line of reasoning for decision-makers byfocusing on the visa application process as the single f)alternative solution to the Program's perceived weaknesses./1It overlooks the possibility that these weaknesses could be*resolved through changes in border inspection procedures.(or by other means, such as pre-inspection programs). Itdoes not address the possibility that if additionalresources are needed to ensure the VWP meets our nationalsecurity needs, while maintaining its economic andpolitical benefits, these resources might be moreappropriately dedicated to port of entry processing of VWPtravelers and/or to other immigration-related homelandsecurity programs. These alternatives need to be discussed.The Department stresses the importance it affixes to theprotection of the United States' national security. Itscomments regarding the future of the VWP are intended toensure that a final decision on the Program is made withall relevant information and all possible alternativesavailable to decision makers. The Department is mostappreciative of GAO's efforts to bring this information andalternatives to light through this report.