dm b5 omb fdr- entire contents- questions- responses to document requests and withdrawal notices 145

8/14/2019 DM B5 OMB Fdr- Entire Contents- Questions- Responses to Document Requests and Withdrawal Notices 145

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0 2 / 1 8 / 2 0 0 4 0 7 : 0 7 F A X i!003EXECUTIVE OFFICE OFTHE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGETWASHINGTON, D.C 2O5O3

GENERAL COUNSEL February ] 8, 2004

Daniel Marcus, Esq.Genera] CounselNational Commission on Terrorist Attacks Upon the United States2 1 0 0 K S t r e e t N . W .Washington, D.C. 20037Dear Mr. Marcus:

Consistent with the President's policy of support for the work of the N ationalCommission on Terrorist A ttacks Upon the United States ("Commission"), and as a matter ofcomity between the legislative and executive branches, the Office of Managem ent and Budget("OMB") is today providing to the Comm ission add itional documents and in forma tion that maybe responsive to the Commission's request entitled "Request from the National Commission onTerrorist A ttacks Upon the United States to the Office of Management an d Budget regardingU.S. F unding for Counterterrorism," transmitted to OM B on Janua ry 20, 2004 (the "Request").

The documents provided today (Bates numbered 6230-6239, 8407-8408) are part of arolling production, and supplement the installments provided on February 5,2004, and F ebruary10, 2004. OMB is continuing to search fo r docum ents responsive to the Request, an d willprovide add itional material, if any, as it becomes available.In addition to the items transmitted herewith, we are making available numerousdocuments for the Commission's review (Bates numbered 6240-8406, 8409-8414) in the N E O Breading room dedicated for the Com miss ion's use. A s discussed, these documents, whichinclude highly deliberative and privileged materials (such as passbacks, agency appeals anddirector's review papers) w ill be accessible to Commissioners, Kevin Scheid, and such otherstaff as we may mu tually designate in the future. W e have agreed that these documents are madeavailable subject to the procedures for Commission review of Executive Office of the President(EOF) documents an d information outlined in your July 29,2003 letter to Associate Counsel tothe President Thomas A . Mon heim, and subsequent related comm unication between the EOF andthe Comm ission.A s discussed with Commission staff, OM B has not redacted the non-responsive portionsof most of the docume nts made available today, in order to permit theresponsive material to bereviewed in context. The non-responsive portions are ma de available based on our

understanding that the Commission will limit its note-taking and use of these documents to theresponsive portions only. Further, some of the documents are so voluminous that onlyresponsive pages (and surrounding identifying pages) have been du plicated. If , after review ofthese portions, you would prefer that the entire document be m ade available, please let us know.


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The referenced documents and information,and all documents and informationsubsequently furnished, are furnished (whether by delivery or by making them available) withdue regard fo r the constitutional separation of powers and reserving all legal authorities,privileges and objections that may apply, including with respect to other governmental entities orprivate parties. Documents and other information are furnished to the Commission in confidenceand as in closed session. Please ensure that the Commission protects them from unauthorizeddisclosure and from use for any purpose other than the purpose for which the Commission madethe request. We look forward to continuing to work with you to ensure that the Commissionreceives all of the in formation that it needs to fulfill its mission.

Sincerely,\rG j Newstead

General CounselOffice of Management & Budget


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WITH DRA WAL NOTIC ERG: 148Box: 00002 Folder: 0001 Document: 36Series: Dan Marcus FilesCopies: 1 Pages: 18

ACCESS RESTRICTEDTh e item identified below has been withdrawn from this file:

Folder Title: OMBDocument Date: 03-17-2004Document Type: FaxFrom: Colin NewmanTo: Dan Marcus

Subject: OMB's response to questions for the record

In the review of this file this item was removed because access to it isrestricted. Restrictions o n records in the N ational Archives are stated ingeneral and specific record group restriction statem ents which are availablefo r examination.

NND: 221Withdrawn: 02-25-2008 by:RETRIEVAL #: 221 00002 0001 36


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Questions for the RecordFor The Office of Management an d Budget

From TheNational Commission on the Terrorist AttacksUpon the United States

1. Describe how the Off ice of Management and Budget (OMB) conducted oversight of UScounterterrorism efforts from January 1995 to the terrorist attacks on the United States ofSeptember 11 , 2001. How has this effort changed since September 2001?

2. How did OMB interact with other EO F offices to coordinate, evaluate, and resolvecounterterrorism resource issues, including the National Security Council staff, the Officeof the Vice President, the Off ice of Science Technology Policy and other offices from1995 to September 11, 2001? What were the most important issues during this period?

3. From January 1995 to September 2001, were the counterterrorism efforts of the nationexamined by the director of OMB or other senior officials in the annual "Director'sReviews." If so, what were the assessments, what changes were recommended and howdid OMB staff follow up on these changes?4. What metrics and/or performance measures were used by OMB to judge the effectivenessof the nation's counterterrorism efforts from January 1995 to September 2001? Whatmetrics are used today?5. From 1995 to 2001, did the O MB Director report to the President regarding theeffectiveness of the nation's counterterrorism efforts; the adequacy of US resources oncounterterrorism across the government; and the management of the overall nationaleffort?6. Describe any major differences, if any, on the effectiveness of US counterterrorismefforts between the OMB and the federal departments and agencies that execute CTprograms during the years 1995 to September 2001.7. Describe the nature of the OM B budget reviews on counterterrorism including thespecific programmatic areas the reviews focused on (e.g., diplomatic, intelligence and/ormilitary efforts); and the internal staff and analytic resources O MB assigned to theconduct of counterterrorism oversight.8. Describe the role OMB plays in National Security Council forums to help formulate thegovernment's counterterrorism policy, and the role, if any, O MB played in the review ofNSC directed "special activities."9. Describe the intelligence support provided to OM B senior officials to help themunderstand the nature of the terrorist threat and thereby evaluate whether resources werebeing appropriately applied to the problem.10 . What is the current resource strategy across the government to conduct the global war onterrorism? What is the estimated impact of this strategy on the federal budget?


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EXECUTIVE OFFICE OF THE PRESIDENTOFFICE OF MANAGEMENTAND BUDGET

WASHINGTON, D. C. 2O5O3

February 10, 2004GENERAL COUNSEL J 'Daniel Marcus, Esq.General CounselNational Commission on Terrorist Attacks Upon the United States21 0 0 K S t r e e t N . W.Washington, D.C. 20037Dear M r. Marcus:

Consistent with the President's clearly stated policy of support for the work of theNational Com mission on Terrorist Attacks Upon the United States ("Commission"), and as amatter of comity between the legislative an d executive branches, the Office of Management an dBudget ("OMB") is today providing to the Commission additional documents an d informationthat may be responsive to the Commission's request entitled "Request from the NationalCommission on Terrorist Attacks Upon the United States to the Office of Management an dBudget regarding U.S. Funding for Counterterrorism," transmitted to OM B on January 20, 2004.

The documen ts provided today (Bates numbered 5197 - 6229) are being produced as partof a "rolling produ ction," and supplem ent the first installmen t provided on February 5, 2004. Asdiscussed with Commission staff on Februa ry 9, we expect to provide the rem aining items fromthe Com mission's January 20, 2004 request within the next few days.The referenced documents and information, and all documents an d informationsubsequently furnished, are furnished (whether by delivery or by making them available) withdue regard for the constitutional separation of powers an d reserving all legal autho rities,

privileges and o bjections that may apply, including with respect to other governmen tal entities orprivate parties. Documents an d other inform ation ar e furnished to the Commission in confidenceand as in closed session. Please ensure that the Comm ission protects them from unautho rizeddisclosure and from use for any purpose other than the purpose for wh ich the Com mission m adethe request. We look forward to continuing to work with you to ensure that the Commissionreceives all of the informa tion that it needs to fulfill its mission.Sincerely,

Jennifer G. NewsteadGfeneral CounselOffice of Management and Budget


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EXECUTIVE OFFICE OF THE PRESIDENTOFFICE OF MANAGEMENT AND BUDGET

WASHINGTON. D. C. 2O5O3

February 5, 2004GENERAL COUNSEL JDaniel Marcus, Esq.General CounselNational Commission on Terrorist Attacks Upon the United States2100KStreetN.W.Washington, D.C. 20037Dear M r. Marcus:

Consistent with the President's clearly stated policy of support for the work of theNational Commission on Terrorist Attacks Upon the United States ("Commission"), and as amatter of comity between the legislative an d executive branches, the Office of Management an dBudget ("OMB") is providing to the Commission documents and information that may beresponsive to the Commission's request entitled "Request from the National Commission onTerrorist Attacks Upon the United States to the Office of Management an d Budget regardingU.S. Funding for Counterterrorism," transmitted to O MB on January 20, 2004. In addition,O M B staff are today providing a briefing fo r Commission staff on the process employed byO MB from FY 1998 to the present for collecting data on "combating terrorism," including adiscussion of the changes in definitions over time.

The docum ents being provided today (Bates numbered 4572 - 5196) reflect the results ofinquiries made of relevant offices within O MB in response to the request as we have discussed.They comprise: (i) Annual Reports on Com bating Terrorism from 1998 - 2003, includingclassified annexes thereto (the "Annual Reports"); (ii) O M B Budget Data Request memorandadated M arch 7, 2003, February 18, 2002, an d September 16, 1997, associated with the collectionof information for the Annual Reports; (iii) the FY 2005 Analytical Perspectives chapter onHom eland Security Funding from the President's FY 05 Budget request; (iv) provisions from the1998 Defense Authorization Act, P.L. 105-85, and the Homeland Security Act of 2002, P.L. 107-296, that relate to the data collection in the Ann ual Reports; and (v) copies o f today's briefingmaterials.

These docume nts and info rm ation are being produced as part of a "rolling production,"consistent w ith th e practice followe d by the Execut iveOffice of the President in responding toCom mission requests. We w ill provide additional documents and information as soon as theybecome available.The referenced docum ents and information, and all documents and informationsubsequently furnished, are furnished (whether by delivery or by making them available) withdue regard for the con stitutional separation of powe rs and reserving all legal authorities,privileges and objections that m ay apply, including with respect to other governm ental entities orprivate parties. Documents and other information are furnished to the Commission in confidenceand as in closed session. Please ensure tha t the Com mission protects them from unauthorizeddisclosure and from use for any purpose other than th e purpose fo r which th e Com mission madeth e request . Addit ionally,we have not redacted th e names of OM B staff contained in the


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documents. Please continue to work through Thomas Monheim, Associate Counsel to thePresident, rather than con tacting staff directly.Sincerely,

l \ r GNewsteadGeneral CimnselOffice of Management and Budget