**Congressional Submission**

**FY 2009 Performance Budget**

**United States Attorneys**

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> U.S. Department of Justice

# Table of Contents

Page No.

**I. Overview 1**

**II. Summary of Program Changes 13**

**III. Appropriations Language and Analysis of Appropriations Language
14**

**IV. Decision Unit Justification 15**

A. Criminal 15

1\. Program Description 16

2\. Performance Tables 18

3\. Performance, Resources, and Strategies 20

a.  Performance Plan and Report for Outcomes

b.  Strategies to Accomplish Outcomes

c.  Results of Program Assessment Rating Tool (PART) Reviews

    4\. Program Increases

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a.  Southwest Border Enforcement Initiative 23

    B. Civil 28

    1\. Program Description 29

    2\. Performance Tables 31

    3\. Performance, Resources, and Strategies 33

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a.  Performance Plan and Report for Outcomes

b.  Strategies to Accomplish Outcomes

c.  Results of Program Assessment Rating Tool (PART) Reviews

    C. Legal Education 34

    1\. Program Description 35

    2\. Performance Tables 38

    3\. Performance, Resources, and Strategies 39

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a.  Performance Plan and Report for Outcomes

b.  Strategies to Accomplish Outcomes

c.  Results of Program Assessment Rating Tool (PART) Reviews

    **V. E-Gov Initiatives 41**

    **VI. Exhibits 43**

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A.  Organizational Chart

> B. Summary of Requirements
>
> C. Program Increases by Decision Unit

D.  Resources by DOJ Strategic Goal/Objective

E.  Justification for Base Adjustments

F.  Crosswalk of 2007 Availability

G.  Crosswalk of 2008 Availability

H.  Summary of Reimbursable Resources

I.  Detail of Permanent Positions by Category

J.  Financial Analysis of Program Increases/Offsets

K.  Summary of Requirements by Grade

L.  Summary of Requirements by Object Class

M.  Status of Congressionally Requested Studies, Reports, and
    Evaluations

# 

**I. Overview for the United States Attorneys**

**A. Introduction**

The United States Attorneys' (USAs) mission supports two of the
Department of Justice's strategic goals - (1) prevent terrorism and
promote the nation's security, and (2) prevent crime, enforce federal
laws and represent the rights and interests of the American people. The
FY 2009 budget request totals \$1,831,336,000, including \$8,400,000 for
a Southwest Border Enforcement Initiative.

Electronic copies of the Department of Justice's Congressional Budget
Justifications and Capital Asset Plan and Business Case exhibits can be
viewed and downloaded from the Internet using the following Internet
address: <http://www.usdoj.gov/jmd/2009justification/>.

The United States Attorneys serve as the nation's principal litigators.
In response to the mandates of the Constitution that required
establishment of a system of federal courts, Congress enacted the
Judiciary Act of 1789 directing the President to appoint, in each
federal district, "a person learned in the law to act as an attorney for
the United States." Before 1870, the U.S. Attorneys acted independently,
but since then they have worked under the direction of the U.S.
Department of Justice.

There are 94 United States Attorneys Offices (USAOs) located throughout
the United States, Puerto Rico, the Virgin Islands, Guam, and the
Northern Mariana Islands. The USAs are appointed by, and serve at the
discretion of, the President of the United States, with the advice and
consent of the United States Senate. The USAs report to the Attorney
General, through the Deputy Attorney General. Each USA serves as the
chief federal law enforcement officer within his or her judicial
district and, as such, is responsible for the prosecution of criminal
cases brought by the federal government; the litigation and defense of
civil cases in which the United States is a party; the handling of
criminal and civil appellate cases before United States Courts of
Appeal; and the collection of civil and criminal debts and restitutions
owed the federal government which are administratively uncollectible.

USAs provide advice and counsel to the Attorney General and senior
policy leadership through the Attorney General's Advisory Committee
(AGAC) and its various subcommittees. The AGAC was established in 1973
to give USAs a voice in Department policies and to advise the Attorney
General. The Committee meets monthly with the Attorney General and its
20 USA members represent various federal judicial districts, geographic
locations, and small, medium and large size offices.

An order of the Attorney General in 1953 established the Executive
Office for United States Attorneys (EOUSA) to provide executive
assistance and coordination functions for the USAs. Under the direction
of the Director of EOUSA, the EOUSA's mission is to provide the 93 USAs
with general executive assistance and direction; policy development;
administrative management direction and oversight; operational support;
and coordination with other components of the Department and other
federal agencies. These responsibilities include legal, budgetary,
administrative, and personnel services, as well as continuing legal
education. See Exhibit A for an organization chart of EOUSA. Specific
offices and functions of EOUSA are outlined below:

-   The **Office of Counsel to the Director** represents USAOs in
    communications with the Office of Legislative Affairs (OLA) and
    Office of Public Affairs (OPA), and serves as an ombudsman for USAOs
    with other Justice components. The Counsel's office develops new
    programs and initiatives in the areas of legislation and public
    affairs, and provides expertise concerning substantive issues to the
    Director, EOUSA, the AGAC subcommittees and working groups. The
    Counsel's office responds to legislative comments, Congressional
    inquiries and letters, and assists in the preparation of testimony
    by USAs, AUSAs or staff.

-   The **Data Analysis Staff** is responsible for providing a wide
    variety of reports and trend analyses for use by the Director of
    EOUSA when responding to requests from the Department, the
    Administration, Congress, and the public. The staff analyzes U.S.
    Attorney work year, caseload and workload information for a variety
    of management purposes, and produces the United States Attorneys'
    Annual Statistical Report. During FY 2007, the Data Analysis Staff
    responded to over 1,000 requests for trends, data, and management
    analyses.

-   The **General Counsel's** office provides advice to USAOs and to
    EOUSA on a broad array of legal and ethical issues. It provides
    guidance to USAO and EOUSA personnel regarding ethics and standards
    of conduct matters including conflicts of interest, recusals,
    outside activities, gifts and financial disclosures, allegations of
    misconduct, personnel legal issues, discovery requests and
    compliance with subpoenas. The General Counsel's office is also
    responsible for the employee relations programs of EOUSA and the
    USAOs.

-   **Law Enforcement Coordinating Committee** (LECC)/Victim-Witness
    Staff provide support through EOUSA for district LECC and
    Victim-Witness programs through liaison, monitoring, and assistance
    activities. LECC coordinators at the district level carry out the
    important role of coordination and liaison with federal, state, and
    local law enforcement, and with members of the community on various
    crime reduction programs. Each District's LECC is under the
    supervision of the United States Attorney, who serves as the LECC
    chairperson or co-chairperson. Through the LECC program, training is
    provided to federal, state, and local law enforcement in areas such
    as anti-terrorism, gun crime, asset forfeiture, gang investigations,
    racial profiling, domestic violence, emerging drug trends, community
    policing, victim issues, and officer safety. USAOs' Victim Witness
    personnel enhance and protect the necessary role of crime victims
    and witnesses in the criminal justice process, ensuring that the
    federal government does all it can to assist those individuals
    through an often extremely difficult process. Victim Witness
    personnel handle victim notification, explain to victims the
    criminal justice process, prepare victims and witnesses for
    testimony and allocution, coordinate their attendance at proceedings
    and attend proceedings with them, and provide victims with referrals
    and emergency assistance. Victims' rights have taken on new
    importance since the passage of the Crime Victims' Rights Act of
    2004, which provided victims with enumerated rights and, for the
    first time at the federal level, the mechanisms to enforce their
    rights. Victims are now playing a more central role in the criminal
    process, and exercising their rights in greater numbers than ever
    before. The number of notifications sent to victims alone has
    doubled since the Act passed.

-   The **Equal Employment Opportunity (EEO) Staff** provides
    centralized leadership, coordination, and evaluation of all equal
    employment efforts within EOUSA and the USAOs. The EEO Staff is
    comprised of two components -- Complaint Processing and Affirmative
    Employment/Special Emphasis Programs.

-   The **Legal Programs** office includes the Financial Litigation
    Staff (FLS) which assists in the collection and enforcement efforts
    of district financial litigation programs. FLS assists in the
    development of financial litigation policy, development and
    implementation of procedures and programs, and provides liaison
    functions within the Department and with outside agencies. The Legal
    Programs office also coordinates asset forfeiture programs in USAOs
    and develops national policies and initiatives. In addition, Legal
    Programs coordinates the activities of the Affirmative Civil
    Enforcement (ACE) Program, which uses civil statutes for federal law
    enforcement efforts in fighting economic fraud.

-   The **Evaluation and Review Staff (EARS)** conducts the evaluation
    program, enabling the Director of EOUSA to fulfill his
    responsibility for conducting reviews of internal management
    controls and to prevent waste, loss, unauthorized use or
    misappropriation in federal programs, as required under the Federal
    Manager\'s Financial Integrity Act and OMB Circular No. A -123. The
    evaluation program reviews legal management, administrative
    operations and financial litigation in each USAO and provides
    on-site management assistance to the USAs. In FY 2007, EARS
    conducted 21 evaluation visits, and 14 follow-up visits occurred to
    ensure that those issues identified as a result of the evaluation
    process were corrected. Also in FY 2007, EARS implemented new
    standards for the administrative evaluation program to improve the
    effectiveness and consistency of the evaluations by focusing on the
    "big picture" or "high impact" issues during the EARS reviews.
    During FY 2008, EARS has scheduled 27 evaluation visits.

-   The **Freedom of Information and Privacy Act (FOIA)** **Staff**
    processes all FOIA and Privacy Act (PA) requests for records located
    throughout EOUSA and the USAOs, provides legal guidance to USAOs
    concerning FOIA/Privacy Act issues, represents them in
    administrative appeals, and assists Assistant United States
    Attorneys (AUSAs) and Department of Justice attorneys in litigation
    in federal courts throughout the country by providing draft
    pleadings and preparing legal documents.

-   The **Office of Legal Education (OLE)** develops, conducts, and
    authorizes the training of all federal legal personnel. OLE
    coordinates legal education and attorney training for the Department
    of Justice and other departments and agencies. OLE is a separate
    decision unit of this budget and its functions are discussed in
    greater detail in Section IV C.

-   The **Chief Operating Officer (COO)** is a key advisor to the
    Director of EOUSA and the AGAC on nationwide issues. The COO manages
    and directs the following staffs: The **Employee Assistance Program
    (EAP)** provides free, confidential assessments, short-term
    counseling, and community referrals for EOUSA employees and their
    families. The **Facilities Management and Support Services Staff
    (FMSS)** provides direct support and oversight of all USAOs in the
    areas of real property management, including space acquisition,
    relocation, design, repair, and management of rent payments. Support
    Services include acquisition and procurement, and coordination of
    records and forms management, printing, and mail metering. The
    **Personnel Staff** develops and maintains a component-wide
    personnel program for attorneys and support staff throughout the
    USAOs and EOUSA. The **Security Programs Staff** provides security
    program support for USAOs, including policy and procedural
    assistance, training, education and awareness efforts, and emergency
    and contingency planning.

-   The **Chief Information Officer (CIO)** is responsible for providing
    advice and assistance to the Director of EOUSA and senior staff to
    ensure that Information Technology (IT) is acquired and managed
    according to Department and EOUSA policies and procedures. The CIO
    ensures the integration of IT into strategic planning, acquisition,
    and program management processes to support the mission of the USA
    community. The CIO directs and manages the following staffs: The
    **Case Management Staff** provides user assistance and technical
    support for the nationwide case management systems. The **Office
    Automation Staff** supports the purchase and installation of
    computer systems, equipment, and software, maintenance of hardware
    and software, and end-user training. The **Telecommunications and
    Technology Development Staff** provides administrative and technical
    support to USAOs in all telecommunications activities, including
    voice, data and video.

[]{.mark}

> In FY 2007, the IT program accomplished several goals related to
> implementing Enterprise Voice over Internet Protocol (VoIP), deploying
> new desktops and laptops, and improving case management and training.
> The multi-year nationwide deployment of Enterprise Voice over Internet
> Protocol (E-VoIP) was implemented as a pilot project in one district
> and then installed in five other districts. Over 15,000 new desktop
> and laptop computers were replaced nationwide. Conversion to the
> Consolidated Debt Collection System (CDCS) was completed. Major steps
> were accomplished towards the implementation of the Department's new
> Litigation Case Management System (LCMS). In addition, in conjunction
> with the Office of Legal Education, a new training initiative -- Video
> on Demand -- was implemented.

-   The **Chief Financial Officer (CFO)**, through the **Resource
    Management and Planning Staff (RMP)**, is responsible for budget
    formulation, budget execution, financial management, audit reviews,
    and long-range planning. On behalf of the USAs, RMP manages FTE
    allocations and a budget of approximately \$1.75 billion in FY 2008.
    The staff consolidates resource needs and formulates an annual
    budget submission for presentation to the Department, the Office of
    Management and Budget, and Congress. It also manages the day-to-day
    financial operations through daily contact with USAO Budget Officers
    and through review of regular accountability reports. An internal
    Audit and Review Staff participates with the EARS in evaluating
    internal controls in USAOs. The staff also develops performance
    measures for the USAs in accordance with the Government Performance
    and Results Act (GPRA) and coordinates quarterly status reporting
    and the Program Assessment and Rating Tool (PART) process.

During FY 2007, the United States Attorneys' program was subject to a
PART review and achieved an overall rating of "Moderately Effective."
This was an improvement from the FY 2004 PART rating of "Adequate." More
detailed information is provided in the Criminal Decision Unit
Justification on page 22.

**CRIMINAL PROSECUTIONS**

The USAOs investigate and prosecute the vast majority of criminal cases
brought by the federal government, including a more diverse workload
than ever before. The types of cases include international and domestic
terrorism; immigration; child exploitation and obscenity; firearms and
violent crime; complex and time-consuming fraud -- including health
care, identity theft, white collar crime and public corruption,
procurement, mortgage, Katrina-related, and student loan fraud; gangs
and organized crime; drug enforcement; human trafficking and criminal
civil rights enforcement. Many of these cases involve multiple
defendants and are extremely complex. The nature of today's crimes has
required the USAs and AUSAs to become conversant in a wide range of
fields, such as banking and health care, computer technology,
securities, foreign cultures and languages, and manufacturing processes
affected by environmental and other federal regulations.

The USAs receive most of their criminal referrals, or "matters," from
federal investigative agencies, including the Federal Bureau of
Investigation (FBI), the Drug Enforcement Administration (DEA), the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United
States Immigration and Customs Enforcement (ICE), the United States
Secret Service, and the United States Postal Inspection Service. USAOs
also receive criminal matters from state and local investigative
agencies, as well as violations reported by private citizens. Following
careful consideration of each criminal matter, the USAs decide the
appropriateness of bringing criminal charges and, when deemed
appropriate, initiate prosecution. Except for misdemeanor offenses and
instances in which an alleged offender waives the right to a grand jury
indictment, the USAs present evidence against an alleged offender to a
grand jury. The grand jurors then decide whether to return an indictment
and, if an indictment is returned, the USAs then present the criminal
charges in open court at the arraignment of the defendant.

Although historically a large number of criminal defendants enter a plea
of guilty prior to trial, the USAs must always fully investigate the
crime, prepare the charging document, and be ready to go to trial.
Consistent preparation for trial minimizes the risk of dismissal for
noncompliance with the Speedy Trial Act and strengthens the government's
position in negotiations with defense counsel for a guilty plea.
Pretrial discovery practice also strengthens the government's position.
When a guilty plea is not obtainable, a trial becomes necessary. The
USAs then present factual evidence to the jury, or to the judge in a
non-jury (bench) trial. If the defendant is convicted, the USAs must
prepare and present evidence at the defendant's sentencing hearing and
then defend the conviction at post-trial hearings and appeals. The USAOs
handle most criminal appeals at the intermediate appellate level. After
filing an appeal brief, the USAs may be required to participate in oral
arguments before the United States Courts of Appeal. If there is a
further appeal, the USAs may be called upon to assist the relevant
litigating division of the Department of Justice (DOJ) or the Solicitor
General in preparing the case for review by the United States Supreme
Court.

**CIVIL LITIGATION**

The USAs initiate civil actions, or affirmative litigation, to assert
and protect the interests of the United States. They also defend the
interests of the government in lawsuits filed against the United States,
referred to as defensive litigation. In other civil cases, the United
States is a third party plaintiff or defendant, a creditor, or an
intervener. These types of civil litigation represent the civil caseload
nationwide.

Examples of affirmative litigation include civil actions brought to:
enforce the nation's environmental, admiralty, and civil rights laws;
represent the government's interests in bankruptcy actions; recoup money
and recover damages resulting from federal program and other fraud; and
enforce administrative summonses and asset forfeiture litigation, which
involve assets seized by federal, state, and local law enforcement.

Defensive litigation includes tort suits brought by those who allege
suffering as a result of government action, adjudication of Social
Security disability claims, alleged contract violations, habeas corpus
petitions, and race, sex, and age discrimination actions. The USAOs
represent and defend the government in its many roles -- employer,
regulator, law enforcer, medical care provider, revenue collector,
contractor, procurer, property owner, judicial and correctional system
manager, and as administrator of federal benefits. In those cases where
the United States is sued, DOJ must be its representative.

Civil defensive work is unique because it is non-discretionary and
non-delegable. Unlike criminal divisions or sections, civil units of
USAOs cannot employ "declination" criteria to manage or reduce the civil
defensive caseload. All cases filed against the government, its
agencies, and employees in their official capacities must be defended.

**CRIMINAL AND CIVIL DEBT COLLECTION**

USAOs are responsible for collecting both criminal and civil debt for
the U.S. Government. Each USAO has a Financial Litigation Unit (FLU)
with the responsibility for both criminal and civil debt collection
activities. In addition to the FLUs, USAOs have Affirmative Civil
Enforcement (ACE) staff devoted to the collection of civil debts.

Debts are ordered to be collected from a criminal defendant when the
defendant is sentenced by the court. These debts may be in the form of
restitution to victims of crime, fines imposed by the court to penalize
criminals, special assessments on each criminal conviction count, costs
of prosecution and other costs, or forfeitures of appearance bonds.
Interest may also be collected in certain cases. In instances where
restitution is ordered, the USAs are involved in collecting federal
restitution payments, or restitution which is owed to the United States,
and in collecting non-federal restitution, or that which is owed to
private individuals and entities. As a result of the Mandatory Victims
Restitution Act (MVRA), courts now must impose monetary restitution
orders in all violent crimes and most property crimes. USAs are required
to enforce restitution orders on behalf of all victims of federal
crimes. The amount of outstanding criminal debt has risen dramatically
since the enactment of the MVRA, to \$50.5 billion by the end of FY
2007, but not all of this is collectible.

The U.S. Attorneys are also the legal representatives for other federal
agencies to pursue repayment of debts. For example, when federal
agencies lend money and the recipients default on repayment of the
loans, or when federal agencies have paid on guaranteed loans and have
not been repaid as provided for in the lending agreement, USAs pursue
the repayment of debt. The Departments of Agriculture, Education, Health
and Human Services, Housing and Urban Development, Transportation,
Veterans Affairs, and the Small Business Administration are some of
these client agencies. USAs file suit to obtain judgments to collect
debts, foreclose on real property, compel physicians to repay or fulfill
their commitment to the Public Health Service in return for education
grants, sue to set aside fraudulent transfers of property which could be
used to satisfy defaulted loans, and manage debtor repayment schedules.

In FY 2007, the USAOs collected \$4.24 billion of criminal and civil
debts owed. Of the total debts collected, USAOs recovered: (1) \$1.77
billion in criminal debts in FY 2007 or a 16 percent increase over the
\$1.52 billion collected in FY 2006; and (2) \$2.47 billion in civil
debts which was a decrease from the \$3.72 billion collected in FY 2006.
The decrease in civil debt collection in FY 2007 was due to three high
dollar health care fraud recoveries in FY 2006. The United States
Attorneys' collection efforts, handled by a very small percentage of the
total workforce, returns to the Treasury over twice the \$1.83 billion
sought in the FY 2009 budget request for the entire USA community.

**CRIMINAL AND CIVIL APPEALS**

Appeals are generally very time-consuming, requiring a thorough review
of the entire record in the case, the filing of a brief and reply brief,
and, in most cases, participation in oral argument requiring travel to
the city where the United States Court of Appeals for the circuit is
located. Furthermore, the complexity of appellate work and the time
required to handle that work increases when convictions are based on
complex facts, such as those found in organized crime drug enforcement
and other narcotics cases, financial institution fraud, other organized
crime, armed career criminal, public corruption, health care fraud, and
computer fraud cases.

The appellate workload of the USAs increased due to additional appeals
prompted by the Supreme Court's ruling in *United States v. Booker* in
January 2005. The Supreme Court held that the Sixth Amendment right to
jury trial applies to factual findings supporting certain sentencing
enhancements under the U.S. Sentencing Guidelines, and that the
Guidelines are advisory instead of mandatory. As a result,
post-sentencing motions filed by incarcerated defendants increased \--
primarily to vacate a sentence under the new guidelines. Between FY 2004
and FY 2006, these motions increased by 383 motions from 5,565 to 5,948
or 6.9 percent. During the same period, the number of motions pending
also increased by 703 motions from 7,642 to 8,346 or 9.2 percent. In FY
2007, these numbers decreased slightly -- to 5,155 motions filed and
7,884 motions pending.

**B. Issues, Outcomes, and Strategies**

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height="3.2576388888888888in"}

**FY 2009 Total Request by DOJ Strategic Goal**

The following is a brief summary of the Department's Strategic Goals and
Objectives, in which the USAs play a role.

**[DOJ Strategic Goal 1: Prevent Terrorism and Promote the Nation's
Security (\$103,512,000)]{.underline}**

● Prevent, disrupt, and defeat terrorist operations before they occur
(1.1)

● Strengthen partnerships to prevent, deter, and respond to terrorist
incidents (1.2)

● Prosecute those who have committed, or intend to commit, terrorist
acts in the United States (1.3)

**[DOJ Strategic Goal 2: Prevent Crime, Enforce Federal Laws and
Represent the Rights and Interests of the American People
(\$1,727,824,000)]{.underline}**

● Strengthen partnerships for safer communities and enhance the Nation's
capacity to prevent, solve, and control crime (2.1)

● Reduce the threat, incidence, and prevalence of violent crime (2.2)

● Prevent, suppress, and intervene in crimes against children (2.3)

● Reduce the threat, trafficking, use, and related violence of illegal
drugs (2.4)

● Combat public and corporate corruption, fraud, economic crime, and
cybercrime (2.5)

● Uphold the civil and constitutional rights of all Americans (2.6)

● Vigorously enforce and represent the interests of the United States in
all matters over which the Department has jurisdiction (2.7)

**C. Full Program Costs**

This request funds the strategies that support the USAs' objectives. We
will continue to provide federal leadership in preventing and
controlling crime and seeking just punishment of those guilty of
unlawful behavior.

![](media/image3.wmf)**FY 2009 Budget Request by Decision Unit**

The USAs' \$1,831,336,000 budget request for FY 2009 is divided into
three decision units: criminal, civil, and legal education. Some
programs, as well as management and administration costs, cross decision
units. Both performance and resource tables within each decision unit
define the total costs of achieving the strategies the USAs will employ
in FY 2009. The various resource and performance charts incorporate the
costs of lower level strategies which also contribute to the achievement
of objectives, but which may not be highlighted in detail in order to
provide a concise narrative. Also included are the indirect costs of
continuing activities, which are central to the operations of each
decision unit.

**D. Performance Challenges**

The challenges that impede progress toward the achievement of agency
goals are complex and ever-changing. New national priorities since
September 11 affect everyone in the law enforcement community as
resources and personnel have been redirected to prosecute the Global War
on Terror. Border security has become critical after the events of
September 11, 2001. Federal prosecution of border crime is a critical
part of our Nation's defense. Internal agency dynamics, political
decisions, technological developments, and criminal behavior are factors
that broadly impact law enforcement practices and pose challenges that
demand attention.

Vacant positions have had a substantial impact on the U.S. Attorneys'
workload. In FY 2004, 198 FTE were left unfilled; that number more than
doubled to 465 FTE by the end of FY 2005 and to 786 FTE by the end of FY
2006.

With these vacancies, criminal cases pending or what could be considered
as "backlog" increased by 11 percent or 6,733 cases, from 63,499 cases
in FY 2003 to 70,232 in FY 2006. Additionally, the number of new cases
filed decreased by 4.5 percent from FY 2004 to FY 2006, going from
61,443 cases to 58,702 cases.

Between FY 2003 and FY 2006, the number of civil cases filed or
responded to decreased by 13 percent or 10,533 - from 81,935 cases to
71,402, while the number of civil cases referred to USAs decreased by 10
percent or 9,199 - from 89,959 in FY 2003 to 80,760 cases in FY 2006.
The number of defensive civil cases filed decreased by 8 percent or
4,507 - from 54,208 cases in FY 2003 to 49,701 in FY 2006. The number of
affirmative cases filed decreased by 21 percent or 1,841 - from 8,950
cases in FY 2003 to 7,109 in FY 2006.

The United States Attorneys' received a budget increase in FY 2007 and,
coupled with an expanded carryover authority, the USAOs began filling
positions previously left vacant. As a result, during FY 2007 the number
of criminal cases filed increased by 1 percent from 58,702 to 59,228 and
the number of civil cases filed or responded to by .5 percent from
71,402 to 71,823. USAOs have leveraged the additional funding by taking
the necessary management steps to restructure the workforce by
backfilling positions with lower salaried employees. As the chart below
shows, the incremental increases in the average non-supervisory attorney
salary (82 percent of the total attorney workforce are non-supervisors)
are well below the cost-of-living adjustment over the last several
years:

  ------------------ --------------- ------------------ ------------------
  **Fiscal Year**    **Average       **\$ Change in     **% Change in
                     Salary**        Average Salary**   Average Salary**

  FY 2007            \$106,434       \$1,003            .9%

  FY 2006            \$105,431       \$745              .7%

  FY 2005            \$104,686       \$1,638            1.6%

  FY 2004            \$103,048       \$2,910            2.9%

  FY 2003            \$100,138                          
  ------------------ --------------- ------------------ ------------------

Despite an increase in hiring actions, the United States Attorney
community did not experience

a significant reduction in vacancy rates during FY 2007. However in FY
2008, USAOs will continue to fill vacant positions thereby reducing the
vacancy rate and further increasing the number of criminal and civil
cases filed.

**[External Challenges]{.underline}**

A highly skilled, dynamic workforce is more important now than ever
before. Since September 11, USAOs have taken on more responsibilities in
new areas. AUSAs coordinate with state, local, and federal agencies in
preventing, investigating, and prosecuting terrorist acts. Furthermore,
AUSAs participate in disaster planning and emergency preparedness. These
coordination activities involve non-traditional roles for AUSAs and
present challenges as we continue combating terrorism.

Coordination with state, local, and federal agencies is not unique to
combating terrorism. USAOs are actively involved in these activities in
program areas ranging from border enforcement/prosecution to gun
violence reduction through Project Safe Neighborhoods to disrupting and
dismantling drug organizations, and now child exploitation through
Project Safe Childhood. In the border enforcement and prosecution area,
additional Border Patrol Agents are resulting in substantial increases
in misdemeanor cases requiring even closer coordination with the U.S.
Marshals Service, the Office of the Detention Trustee, the Bureau of
Prisons, the Department of Homeland Security, the Courts and the local
defense bar concerning the availability of bed space, prisoner
transport, and translators for those who are detained.

In addition, the economy and emerging criminal activities, often driven
by technology, such as cybercrime, are external challenges beyond our
control. Downturns in the economy often correlate with increases in
criminal activity. We will continue to focus on areas within our spheres
of influence and control, concentrating on coordination efforts with
state, local, and federal agencies and ensuring our workforce is trained
for emerging and complex issues.

**[Internal Challenges]{.underline}**

One internal challenge to the USAs community is keeping the workforce
flexible and adaptable. Over the past few years, terrorism, corporate
fraud, violent crime and gangs, immigration, internet-related crime, and
child exploitation have emerged as important national priorities. The
USA community needs to be able to shift resources to respond to changes
in case type and case load. The USAs have developed an effective
allocation process that distributes new positions and funding to
districts with the greatest demonstrated need. Necessary training is
provided through the National Advocacy Center (NAC) to ensure that
attorneys and support staff have the expertise in these areas. Regular
reviews and monitoring of case work and USAOs' needs are essential to
continued responsiveness.

Another related internal challenge is the need to restructure the
workforce and to grapple with the upcoming brain drain as Baby Boomers
reach retirement age. Several years of using the tool provided by the
Voluntary Early Retirement (VERA)/Voluntary Separation Incentive Payment
(VSIP) authority have allowed offices to replace those taking the
VERA/VSIP with employees hired at lower salaries and with different
mixes of skills.

**II. Summary of Program Changes**

For FY 2009, the USAs' budget request is \$1,831,336,000. The request
includes \$8,400,000 for a Southwest Border Enforcement Initiative and
83 positions (42 FTE). These new resources are needed to:

-   Ensure a sufficient USAO presence to meet the steadily increasing
    case load generated by additional law enforcement resources, and

-   Aggressively enforce the immigration statutes, including those
    against alien smuggling organizations; those involved in terrorism
    and violent crimes; and those against aliens, who after deportation,
    attempt to re-enter or are found in the United States illegally.

USAO Southwest Border Districts are working closely with various
components of the Department of Justice, including the U.S. Marshals,
the Bureau of Prisons, the Office of the Detention Trustee, the FBI, DEA
and ATF and with the Department of Homeland Security (DHS), including
Immigration and Customs Enforcement (ICE) and the Border Patrol, as well
as with state and local law enforcement and prosecutors' offices to
ensure the most efficient handling of cases and to achieve the most
appropriate sentences in the best forum.

  ---------------- ------------------------------ ---------- --------- ------------- ----------
  **Item Name**    **Description**                                                   **Page**

                   **Purpose**                    **Pos.**   **FTE**   **Dollars     
                                                                       (\$000)**     

  **Southwest      **Provides for additional      **83**     **42**    **\$8,400**   **23**
  Border           prosecution resources to                                          
  Enforcement      address illegal immigration                                       
  Initiative**     along the Nation\'s Southwest                                     
                   border.**                                                         

  **TOTAL**                                       **83**     **42**    **\$8,400**   
  ---------------- ------------------------------ ---------- --------- ------------- ----------

[]{.mark}

**III. Appropriations Language and Analysis of Appropriations Language**

**Appropriations Language**

For necessary expenses of the Offices of the United States Attorneys,
including inter-governmental and cooperative agreements,
\[\$1,747,822,000\] [\$1,831,336,000]{.underline} : *Provided*, That of
the total amount appropriated, not to exceed \$8,000 shall be available
for official reception and representation expenses: *Provided further*,
That not to exceed \[\$20,000,000\] [\$25,000,000]{.underline} shall
remain available until expended.

**Analysis of Appropriations Language**

***\$25 Million In Carryover** --* An increase in allowable carryover
from \$20 million to \$25 million is needed to keep pace with the
percentage increase in the United States Attorneys' budget. A carryover
of \$25 million in FY 2009 is 1.3 percent of the budget request,
approximately the same percentage that the \$20 million current
carryover is to the FY 2006 budget.

**IV. Decision Unit Justification**

A.  **CRIMINAL**

> (Dollars in Thousands)

  ------------------------------------ --------- --------- ---------------
  Criminal Litigation TOTAL            Perm.     FTE       Amount
                                       Pos.                

  2007 Enacted                         7,933     7,959     \$ 1,284,722

  2007 Supplementals                   \-\--     \-\--     \$ 5,000

  2007 Enacted                         7,933     7,959     \$ 1,289,722

  2008 Enacted                         8,033     8,010     \$ 1,367,795

  Adjustments to Base and Technical    \-\--     52        \$ 52,272
  Adjustments                                              

  2009 Current Services                8,033     8,062     \$ 1,420,067

  2009 Program Increases               83        42        \$ 8,400

  2009 Request                         8,116     8,104     \$ 1,428,467

  Total Change 2008-2009               83        42        \$ 60,672
  ------------------------------------ --------- --------- ---------------

  ------------------------------------ --------- --------- ---------------
  Criminal Litigation---Information    Perm.     FTE       Amount
  Technology Breakout (of Decision     Pos.                
  Unit Total)                                              

  2007 Enacted                         294       294       \$ 92,565

  2007 Supplementals                   \-\--     \-\--     \-\--

  2007 Enacted                         294       294       \$ 92,565

  2008 Enacted                         294       294       \$ 94,652

  Adjustments to Base and Technical    \-\--     \-\--     \$ 2,037
  Adjustments                                              

  2009 Current Services                294       294       \$ 96,689

  2009 Program Increases               \-\--     \-\--     \$ 845

  2009 Request                         294       294       \$ 97,534

  Total Change 2008-2009               0         0         \$ 2,882
  ------------------------------------ --------- --------- ---------------

**1. Program Description--Criminal Decision Unit**

The USAOs investigate and prosecute the vast majority of criminal cases
brought by the federal government, including a more diverse and complex
workload than ever before. For example, criminal caseloads include:
international and domestic terrorism, immigration, youth violence,
firearms and gangs, child exploitation and obscenity, complex and time
consuming white collar and health care fraud, financial institution and
computer fraud, environmental crime, public corruption and organized
crime, drug enforcement, human trafficking and cases involving multiple
defendants and international organizations.

The USAs receive most of their criminal referrals, or \"matters,\" from
federal investigative agencies or become aware of criminal activities in
the course of investigating or prosecuting other cases. They also
receive criminal matters from state and local investigative agencies.
Criminal violations are also reported to the USAs by citizens. After
careful consideration of each criminal matter, the USA decides the
appropriateness of bringing criminal charges and initiates prosecution.

**Criminal Workload**

FY 2007 Cases Filed - 59,228

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During FY 2007, the USAOs filed 59,228 criminal cases against 80,712
defendants in United States District Court. The number of new cases
filed decreased by 3.6 percent from FY 2004 to FY 2007, going from
61,443 cases to 59,228; however, the number of new cases filed increased
slightly from FY 2006 to FY 2007.

A total of 57,619 cases against 78,751 defendants were closed during FY
2007. Of the 78,751 defendants whose cases were closed, 92 percent, or
72,436 either pled guilty or were found guilty. Of these, 60,372
received prison sentences, and 257 guilty defendants received sentences
of life imprisonment. The rate of convicted defendants who received
prison sentences has consistently exceeded 80 percent over the last six
years and has exceeded 83 percent for the past two years. Not only did
the number of cases filed decline, the number of cases pending increased
by 13 percent or 8,407 cases, from 63,499 cases at the start of FY 2004
to 71,906 at the start of FY 2008.

![](media/image8.wmf)

![](media/image9.wmf)

**3. Performance, Resources, and Strategies**

The Criminal Decision Unit contributes to the Department's Strategic
Goal I: Prevent Terrorism and Promote the Nation's Security. Within this
goal, the decision unit's resources address three of the Department's
Strategic Objectives: 1.1 - Prevent, disrupt, and defeat terrorist
operations before they occur; 1.2 - Strengthen partnerships to prevent,
deter, and respond to terrorist incidents, and 1.3 - Prosecute those who
have committed, or intend to commit, terrorist acts in the United
States.

The Criminal Decision Unit also contributes to Goal II: Prevent Crime,
Enforce Federal Laws and Represent the Rights and Interests of the
American People. Within this goal, the decision unit's resources address
five of the Department's Strategic Objectives: 2.1 - Strengthen
partnerships for safer communities and enhance the Nation's capacity to
prevent, solve, and control crime; 2.2 - Reduce the threat, incidence,
and prevalence of violent crime; 2.3 - Prevent, suppress, and intervene
in crimes against children; 2.4 - Reduce the threat, trafficking, use,
and related violence of illegal drugs; 2.5 - Combat public and corporate
corruption, fraud, economic crime, and cybercrime; 2.6 - Uphold the
civil and constitutional rights of all Americans; and 2.7 - Vigorously
enforce and represent the interests of the United States in all matters
for which the Department has jurisdiction.

**a. Performance Plan and Report for Outcomes**

In the criminal area, there are two primary performance measures for the
USAs, including

1\) terrorism convictions, and 2) criminal cases favorably resolved.

**1.) Terrorism/Anti-Terrorism Convictions**

The prevention of terrorist attacks and the prosecution of the war on
terrorism remain the top priorities of the Department of Justice. In FY
2007, the USAs filed a total of 340 terrorism, anti-terrorism, and hoax
and financing cases against 515 defendants. This includes international
and domestic terrorism, terrorism-related financing, and
terrorism-related hoaxes, as well as anti-terrorism cases. Defendants
convicted in cases listed as anti-terrorism cases have not necessarily
engaged in terrorist activity. Rather, these cases were brought to
prevent or disrupt potential or actual terrorist threats where the
offensive conduct is not obviously a federal crime of terrorism. A total
of 346 cases against 518 defendants were terminated in FY 2007.

The terrorism performance measure is the number of
terrorism/anti-terrorism/financing and hoax convictions based on the
definitions described above and derived from the USAs' Case Management
System. Included in the terrorism convictions are the original program
categories of international terrorism and domestic terrorism. Examples
of offenses that could be classified as international or domestic
terrorism include the following: destruction of an aircraft or
interference with a flight crew; attack on a mass transit facility or on
the means of interstate communication; use of weapons of mass
destruction; and material support for terrorism. Terrorism-related
hoaxes and terrorist financing were added after September 11, 2001 to
allow the USAs' Case Management System to capture more terrorism-related
activities. Anti-terrorism cases are those where the underlying purpose
or object of the case is to prevent or disrupt potential or actual
terrorist threats where the offensive conduct is not obviously a federal
crime of terrorism. In FY 2007, there were a total of 459 convictions.

**2.) Criminal Cases Favorably Resolved**

The USAOs handle most of the criminal cases prosecuted by the DOJ. The
USAs receive most of their criminal referrals from federal investigative
agencies, including the FBI; the DEA; the ATF; the United States Customs
Service; and the United States Secret Service. Criminal referrals may
also be received from state and local investigative agencies or USAs may
become aware of criminal activities in the course of investigating or
prosecuting other cases.

The USAs are called upon to respond to changing priorities and to become
involved in specific crime reduction programs. After the events of
September 11, 2001, the number one priority of the USAs became the
prevention of terrorist acts and the investigation and prosecution of
those involved in terrorist attacks. More recently, Southwest Border
enforcement - responding to the enormous number of illegal aliens
crossing the Southwest Border into the U.S. - has become critical. The
USAs also have continued their longstanding commitment to address drug
and violent crimes. Within the violent crime category, the USAs continue
to address the illegal use of firearms by those who commit crimes and
accompanying acts of violence in our communities. Drug prosecutions
continue to be a priority of the USAs, with particular emphasis on the
operations of large drug organizations.

The performance measure for criminal litigation relates to the
percentage of criminal cases favorably resolved. In FY 2007, cases
involving 72,436 defendants were favorably resolved, achieving the goal
of 92 percent. The FY 2007 total includes 71,977 defendants found guilty
of non-terrorist criminal activity, such as violent crime, drug
trafficking, and white collar crime. The 92 percent goal is being
adjusted to 90 percent starting in FY 2008 to be consistent with the
equivalent goal for the other litigating divisions within the DOJ.

**b. Strategies to Accomplish Outcomes**

In FY 2009, the U.S. Attorneys will continue to place a high priority on
prosecution and security efforts in the war on terror as well as
addressing other important priorities such as child exploitation,
violent crime and gangs, drug trafficking, identity theft, healthcare
fraud and other white collar fraud. As part of the prosecution and
security efforts in the war on terror, an enhancement of \$8.4 million
and 83 positions is requested to secure our Southwest Border. Other
strategies include:

-   Aggressive hiring to fill vacant positions.

-   Restructuring the workforce by backfilling some positions with lower
    salaried employees.

-   Leveraging technology to improve efficiency and enhance information
    flow organization-wide and with our partners.

-   Regular reviews and monitoring of case and work load data.

-   Ensuring sufficient resources are allocated to meet the caseloads,
    especially focusing on priority areas.

-   Expanded training at the NAC to address substantive new areas as
    well as leadership and management.

**3.** **Results of Program Assessment Rating Tool (PART) Review**

In FY 2007, the USAs' underwent a second PART review (the first was in
FY 2004). The PART evaluates programs in four areas: purpose, strategic
planning, program management, and results and accountability. The USA
achieved an FY 2007 overall rating of "Moderately Effective," an
improvement from its FY 2004 rating of "Adequate." As a result of the
PART, the USAs and OMB have agreed on the following "findings:" 1) the
U.S. Attorneys' program is effectively designed to achieve the program's
purpose. Despite increases in the number of cases and the changing
nature and complexity of the cases, the percentage of favorable
resolutions remains high; 2) the program collaborates effectively with
its partners. Successful initiatives link prosecutors, law enforcement
at all levels, and community leaders to provide a comprehensive,
multi-faceted approach to deterring and punishing crime; and 3) the
program has improved its efficiency and cost-effectiveness through
workforce restructuring, leveraging technology and by implementing
cost-saving best practices. The program will continue to pursue
additional improvements in order to continue to meet the established
efficiency targets.

USAs are implementing the following three follow-up actions to further
improve the overall rating: 1) reassess the allocation of new and
existing resources, both within and between the USAOs, to balance the
caseloads for attorneys across the country; 2) address any concerns
relating to internal controls for the Legal Information Online Network
Systems (LIONS) for case tracking and reporting; and 3) develop an
expanded management training program focusing on core leadership and
management competencies to improve agency effectiveness.

The following follow-up actions were implemented to address the FY 2004
PART recommended actions: A working group of U.S. Attorneys and staff
was appointed in August 2005 by the Director of EOUSA to draft new
performance goals, measures and management standards to strengthen and
improve the evaluations of U.S. Attorney district offices conducted
through the Evaluation and Review Staff (EARS). Included in this review
were district declination processes as well as the overall performance
and accountability of USAOs. Revised procedures were reviewed and
adopted by the end of FY 2006 and tested and implemented during the
first quarter of FY 2007. These revised procedures are now an integral
part of each EARS evaluation. The budget shortfalls of the past several
years, in addition to the PART recommendation, caused recurring reviews
of common administrative functions to achieve savings and increase
efficiencies. Lists of cost-saving measures have been developed, posted
on the Intranet, and discussed with USAOs during monthly conference
calls. One specific example, which has saved over \$2 million annually,
includes using online legal research services rather than purchasing
hard copies and the development of a "core collection" of library
materials. All of the FY 2004 PART follow up actions have been
completed.

**Program Increase by Item**

**Item Name: Southwest Border Enforcement Initiative**

Budget Decision Unit(s): Criminal

Strategic Goal(s) & Objective(s): **Goal II**: Prevent crime, enforce
federal laws, and

represent the rights and interests of the American

people.

**Objective 2.2**: Reduce the threat, incidence, and

prevalence of violent crime.

**Objective 2.4**: Reduce the threat, trafficking, use, and related
violence of illegal drugs.

Program Increase: Positions [83]{.underline} Atty [50]{.underline} FTE
[42]{.underline} Dollars [\$8,400,000]{.underline}

**Description of Item**

In FY 2009, the U.S. Attorneys request **\$8,400,000** for a **Southwest
Border Enforcement Initiative**. This would provide funding for 50
Assistant U.S. Attorneys (AUSAs) and thirty-three support staff to be
distributed among the five districts along the Nation's Southwestern
Border. These positions would be allocated through a competitive process
among the five districts.

Federal prosecution of border crime is a critical part of our Nation's
defense and gaining operational control of the border is essential. More
AUSAs and paralegals are needed to respond to an overall increase in
immigration cases and a substantial increase in Border Patrol Agents.
The USAOs in the Southwestern Border districts are tasked to support the
federal law enforcement agencies that patrol 1,933 miles of our border
with Mexico. The Southwestern Border faces an enormous number of illegal
aliens. In FY 2007, the Border Patrol apprehended over 850,000 illegal
aliens crossing the Southwest Border. The USAOs strategies to combat
violations of immigration offenses include:

-   Ensuring a sufficient USAO presence to meet the steadily increasing
    case load generated by additional law enforcement resources, and

-   Aggressive enforcement of the immigration statutes, including those
    against alien smuggling organizations; those involved in terrorism
    and violent crimes; and those against aliens, who after deportation,
    attempt to re-enter or are found in the United States illegally.

**[Justification]{.underline}**

Southwestern Border districts have filed significant numbers of
immigration cases over the past six years, with large numbers of cases
remaining in a pending status. In addition, the Border Patrol has
expanded from approximately 9,000 Agents in 2001 to more than 13,000
Agents in 2007. By the end of 2008, there are anticipated to be a total
of more than 18,000 Agents. As the number of Border Patrol Agents
increases, the number of criminal referrals and interdiction narcotics
cases will undoubtedly increase. Currently, each AUSA in the five
Southwest Border districts already has a workload of between 150 and 200
cases per year, compared to an our overall criminal cases filed per AUSA
work year of 16 cases per year. DOJ has estimated that the additional
Border Patrol Agents will double the 850,000 plus apprehensions along
the Southwest Border and generate 24,650 new cases over two years.

[Filed Cases]{.underline}

+-----------+------+-----+------+------+------+------+------+------+
|           | Ac   |     |      |      |      |      | P    |      |
|           | tual |     |      |      |      |      | roje |      |
|           |      |     |      |      |      |      | cted |      |
+-----------+------+-----+------+------+------+------+------+------+
|           | FY   | FY  | FY   | FY   | FY   | FY   | FY   | FY   |
|           | 2002 | 2   | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 |
|           |      | 003 |      |      |      |      |      |      |
+-----------+------+-----+------+------+------+------+------+------+
| SW Border | 8    | 10, | 12   | 12   | 11   | 11   | 24   | 36   |
|           | ,805 | 933 | ,228 | ,318 | ,820 | ,986 | ,643 | ,968 |
| Districts |      |     |      |      |      |      |      |      |
+-----------+------+-----+------+------+------+------+------+------+

[Pending Cases]{.underline}

Pending cases are those cases that have been filed but have not yet been
resolved.

+-----------+------+------+------+------+------+------+-------+------+
|           | Ac   |      |      |      |      |      | Proj  |      |
|           | tual |      |      |      |      |      | ected |      |
+-----------+------+------+------+------+------+------+-------+------+
|           | FY   | FY   | FY   | FY   | FY   | FY   | FY    | FY   |
|           | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 |       | 2009 |
|           |      |      |      |      |      |      | 2008  |      |
+-----------+------+------+------+------+------+------+-------+------+
| SW Border | 5    | 5    | 7    | 7    | 6    | 7    | 1     | 20   |
| Districts | ,187 | ,786 | ,721 | ,730 | ,597 | ,501 | 0,000 | ,000 |
+-----------+------+------+------+------+------+------+-------+------+

Southwest Border districts are currently seeing an increase in law
enforcement personnel of up to 500 percent. For example, over the past
several years, in the District of Arizona, the number of Border Patrol
Agents has increased in the Yuma Sector from 350 to 811, and another 300
are anticipated. In the Southern District of California, the number of
Border Patrol Agents in the San Diego sector has increased from 1,400 to
1,952 in 2007, and is expected to increase to 2,400 by the end of 2008.
These increases in law enforcement resources require the allocation of
additional resources to address the increase in border-related criminal
activity and referrals.

The Southwest Border is particularly vulnerable to the operation of
cross-border criminal enterprises. These criminal enterprises engage in
human and drug smuggling through Mexico into the United States, putting
hundreds and hundreds of millions of dollars into the hands of
criminals. The associated killings, hostage takings, robberies, and
money laundering are all methods employed to gain and expand market
share and to maximize profits.

For example, Southern California is an international gateway with six
ports of entry into the district. One of these ports is San Ysidro, the
busiest land border crossing in the world. In fact, 75 percent of
passenger vehicles entering California come through the port of San
Ysidro. Additionally, nearly 40 million people per year cross the
border. Many are economic migrants coming for jobs, family
reunification, health care, education, other social services, or to
achieve birthright citizenship. Others are trafficking in drugs or
humans and are engaging in other property and violent crimes. The impact
of this influx of humanity is an increased strain on infrastructure,
government budgets and the criminal justice system at all levels.

The criminals who traffic in drugs and human beings and make their
profits through illegal Southwest Border crossings are increasingly
targeting Border Patrol Agents and turning to violence. "Rocking" (rock
throwing) incidents are increasing and, even more disturbing, some
federal agents have been murdered. Recently a Border Patrol Agent was
killed when he confronted a group of individuals backpacking drugs into
the U.S. Another smuggler shot and wounded an Agent after being pulled
over, and the ensuing car chase and shoot-out resulted in the death of a
juvenile smuggled alien who was being transported in the trunk of the
defendant's vehicle. In another case, smugglers fled from local police
at speeds exceeding 100 miles per hour, running red lights and driving
into ongoing traffic until crashing into a car occupied by two
newlyweds. That crash killed the newlyweds and three of the 15 aliens
who were being transported. Since 1999 a pattern has emerged in which
alien smugglers will hijack loads of aliens from other smugglers to
extort additional money from the aliens' families or simply to steal the
other smugglers' profits. Smugglers also use violence to extort payment
from their own client.

Yet another significant threat to the Southwest Border is posed by
international street gangs. Many members of violent street gangs are
foreign born persons who are actively involved in human smuggling,
robbery, extortion, rape and murder. These foreign nationals ignore our
immigration laws and enter illegally. They then travel to the Nation's
interior cities to join with other gang members to participate in
criminal activities.

USAO Southwest Border Districts are working closely with various
components of the Department of Justice, including the U.S. Marshals
Service, the Bureau of Prisons, the Office of the Detention Trustee, the
FBI, DEA and ATF and with the Department of Homeland Security (DHS),
including Immigration and Customs Enforcement (ICE) and the Border
Patrol, as well as with state and local law enforcement and prosecutors'
offices to ensure the most efficient handling of cases and to achieve
the most appropriate sentences in the best forum.

Operation Streamline, implemented in December 2005 in Del Rio, Texas, is
a multi-agency law enforcement initiative that involves U.S. Attorneys'
Office, Customs and Border Protection, Immigration and Customs
Enforcement, the U.S. Marshals Service and dedicated Federal judges and
magistrates in the Western District of Texas. In Del Rio, Operation
Streamline has instituted a zero-tolerance policy for all illegal entry.

**Impact on Performance**

This initiative will address Strategic Goal II: *Prevent crime, enforce
federal laws, and represent the rights and interests of the American
people*; and two objectives, *2.2 Reduce the threat, incidence, and
prevalence of violent crime,* and *2.4 Reduce the threat, trafficking,
use, and related violence of illegal drugs.*

# 

The goal of the current Border Enforcement Strategy is to disrupt and
prevent illegal entry by instituting a sufficiently recognizable
presence and level of deterrence along the Southwest Border; by
apprehending those who nevertheless seek to cross illegally into the
United States; and then by successfully prosecuting them. A holistic
approach providing more resources at every stage of the criminal justice
process is critical to an effective Border Enforcement Strategy. USAO
staffing has not kept up with the increasing caseloads resulting from
dramatic increases in law enforcement personnel and the additional AUSA
and paralegal support staff provided by this request are critical to
this strategy.

Without additional resources, the USAOS will not be able to keep up with
the law enforcement efforts of four thousand additional Border Patrol
Agents and the five thousand more Agents anticipated to be hired by the
end of FY 2008. The number of cases filed will likely remain the same
and the number of pending cases will expand dramatically. The
Administration's Border Enforcement Strategy will be undercut and
deterrence will be reduced, when offenders are not charged and
convicted.

# Southwest Border Enforcement Initiative

Base Funding

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<td colspan="4"><p id="fy-2007-enacted" class="heading"> FY 2007 Enacted
</p></td>
<td colspan="4"><p id="fy-2008-enacted" class="heading">FY 2008
Enacted</p></td>
<td colspan="4"><p id="fy-2009-current-services" class="heading">FY 2009
Current Services</p></td>
</tr>
<tr class="even">
<td>Pos</td>
<td><p>Agt/</p>
<p>Atty</p></td>
<td>FTE</td>
<td>Dollars</td>
<td>Pos</td>
<td><p>Agt/</p>
<p>Atty</p></td>
<td>FTE</td>
<td>Dollars</td>
<td>Pos</td>
<td><p>Agt/</p>
<p>Atty</p></td>
<td>FTE</td>
<td>Dollars</td>
</tr>
<tr class="odd">
<td>268</td>
<td>183</td>
<td>268</td>
<td>$41,406,000</td>
<td>328</td>
<td>223</td>
<td>298</td>
<td>$48,806,000</td>
<td>328</td>
<td>223</td>
<td>298</td>
<td>$50,270,180</td>
</tr>
</tbody>
</table>

[Personnel Increase Cost Summary]{.underline}

+----------------+---------+----------+---------------+--------------+
| Type of        | Modular | Number   | FY 2009       | FY 2010      |
| Position       | Cost    | of       |               |              |
|                |         |          | Request       | Net          |
|                | per     | P        |               | A            |
|                | P       | ositions |               | nnualization |
|                | osition |          |               |              |
|                |         | R        |               | (change from |
|                |         | equested |               | 2009)        |
+----------------+---------+----------+---------------+--------------+
| Attorney       | \$      | 50       | \$6,052,000   | \$4,123,250  |
|                | 121,040 |          |               |              |
+----------------+---------+----------+---------------+--------------+
| Technical      | 71,690  | 28       | 2,007,320     | 999,040      |
| Professional   |         |          |               |              |
| (Paralegal)    |         |          |               |              |
+----------------+---------+----------+---------------+--------------+
| Clerical       | 63,050  | 5        | 317,750       | 131,670      |
+----------------+---------+----------+---------------+--------------+
| Total          |         | 83       | \$8,377,070   | \$5,253,960  |
| Personnel      |         |          |               |              |
+----------------+---------+----------+---------------+--------------+

Non-Personnel Increase Cost Summary

+-------------+------------+-------------+-------------+--------------+
| No          | Unit Cost  | Quantity    | FY 2009     | FY 2010 Net  |
| n-Personnel |            |             | Request     |              |
| Item        |            |             |             | A            |
|             |            |             |             | nnualization |
|             |            |             |             |              |
|             |            |             |             | (Change from |
|             |            |             |             | 2009)        |
+-------------+------------+-------------+-------------+--------------+
| Contract    | \$22,930   | N/A         | \$22,930    | N/A          |
| Support     |            |             |             |              |
+-------------+------------+-------------+-------------+--------------+
| Total       | \$22,930   | N/A         | \$22,930    | N/A          |
| No          |            |             |             |              |
| n-Personnel |            |             |             |              |
+-------------+------------+-------------+-------------+--------------+

Total Request for this Item

  ------------ ------ ---------- ------ -------------- --------------- ---------------
               Pos    Agt/Atty   FTE    Personnel      Non-Personnel   Total

  Current      328    223        298    \$50,270,180   0               \$50,270,180
  Services                                                             

  Increases    83     50         42     8,377,070      22,930          8,400,000

  Grand Total  411    273        340    \$58,647,250   22,930          \$58,670,180
  ------------ ------ ---------- ------ -------------- --------------- ---------------

**B. CIVIL**

(Dollars in Thousands)

  ------------------------------------ --------- --------- ---------------
  Civil Litigation                     Perm.     FTE       Amount
                                       Pos.                

  2007 Enacted                         2,142     2,225     \$ 350,889

  2007 Supplementals                   \--       \--       \--

  2007 Enacted                         2,142     2,225     \$ 350,889

  2008 Enacted                         2,142     2,225     \$ 367,366

  Adjustments to Base and Technical    \--       \--       \$ 15,451
  Adjustments                                              

  2009 Current Services                2,142     2,225     \$ 382,817

  2009 Program Increases               \--       \--       \--

  2009 Request                         2,142     2,225     \$ 382,817

  Total Change 2008-2009               \--       \--       \$ 15,451
  ------------------------------------ --------- --------- ---------------

  ------------------------------------ --------- --------- ---------------
  Civil Litigation---Information       Perm.     FTE       Amount
  Technology Breakout (of Decision     Pos.                
  Unit Total)                                              

  2007 Enacted                         80        80        \$ 24,684

  2007 Supplementals                   \--       \--       \--

  2007 Enacted                         80        80        \$ 24,684

  2008 Enacted                         80        80        \$ 25,240

  Adjustments to Base and Technical    \--       \--       \$ 544
  Adjustments                                              

  2009 Current Services                80        80        \$ 25,784

  2009 Program Increases               \--       \--       \$ 225

  2009 Request                         80        80        \$ 26,009

  Total Change 2008-2009               \--       \--       \$ 769
  ------------------------------------ --------- --------- ---------------

**1. Program Description--Civil Decision Unit**

Civil litigation pursued by the USAs falls into two basic categories:
affirmative civil litigation, where the United States is the plaintiff,
and defensive civil litigation, where the United States is the
defendant. Affirmative civil litigation cases are actions taken by USAs
to assert and protect the government's interests, and they include such
issues as the enforcement of the nation's environmental, admiralty, and
civil rights laws, as well as the recovery of damages done to the
government through fraud. USAs also use affirmative civil litigation to
recoup money owed and recover damages done to the government. Defensive
civil litigation cases are lawsuits brought against the government by
those who allege suffering due to government actions, and they include
such issues as the adjudication of Social Security disability claims,
alleged contract violations, and alleged race, sex, and age
discrimination. USAs may also be called upon to represent the United
States in cases which are not clearly defined as either affirmative or
defensive civil litigation, but in which the government has an interest,
such as bankruptcy cases in which the United States is a party.

One key difference between affirmative and defensive civil litigation is
that while USAs have some discretion in deciding which affirmative civil
cases they will pursue, USAs **must** defend the government in all
defensive civil litigation. Due to the fact that the federal
government's obligations in the area of defensive civil litigation are
non-delegable, the resources remaining for USAs to pursue affirmative
civil litigation has resulted in a substantial decrease in cases filed
in this area, as is shown in the data below.

Affirmative civil cases can return substantial monies to the federal
Treasury: USAOs collected \$3.72 billion in civil debts in FY 2006. In
two recent cases, Gambro Healthcare agreed to pay \$310 million to
resolve civil liabilities stemming from alleged kickbacks paid to
physicians and payments made to a sham medical equipment company. In
addition, GlaxoSmithKline (GSK) agreed to pay the government \$150
million to settle charges it violated the False Claims Act in a scheme
to increase market share by reporting false and misleading information
about the price of two anti-nausea drugs.

Civil matters and cases represent a significant part of the USAs'
workload. In FY 2007, USAs received 80,844 civil matters, which
represented 42 percent of all of the 193,868 criminal and civil matters
received during the fiscal year. Of the civil matters received, 67
percent or 54,160 were defensive matters, 11,546 or 14 percent were
affirmative matters, and 15,138 or 19 percent were other civil matters.
USAs filed or responded to 71,823 civil cases in FY 2007, which
represented 55 percent of the 131,051 criminal and civil cases filed
during the fiscal year. Of the civil cases filed, 74 percent or 53,302
were defensive cases, 6,059 or 9 percent were affirmative cases, and
12,462 or 17 percent were other civil cases.

**Civil Workload**

FY 2007 Cases Filed/Responded to -- 71,823

![](media/image10.png){width="5.767361111111111in"
height="2.9993055555555554in"}

Between FY 2003 and FY 2007, the number of civil cases filed or
responded to decreased by 12 percent or 10,112 - from 81,935 cases to
71,823, while the number of civil cases referred to USAs decreased by 10
percent or 9,115 - from 89,959 in FY 2003 to 80,844 cases in FY 2007.
The number of defensive civil cases filed decreased by 8 percent or
4,507 - from 54,208 cases in FY 2003 to 49,701 in FY 2006 but increased
to 53,302 in FY 2007. The number of affirmative cases filed has
decreased by 32 percent or 2,891 - from 8,950 cases in FY 2003 to 6,059
in FY 2007.

In FY 2007, 97 percent of all judgments in affirmative civil cases were
in favor of the United States, the highest favorable judgment rate of
all case classes. Through affirmative litigation, USAs collected \$3.72
billion in civil debts owed to the United States, more than twice the
amount the U.S. Attorneys' FY 2008 budget and an increase of \$1.34
billion or 56 percent over the amount of debts collected in FY 2005.

![](media/image11.wmf)

![](media/image12.wmf)

**3. Performance, Resources, and Strategies**

The Civil Decision Unit contributes to the Department's Strategic Goal
2: Prevent Crime, Enforce Federal Laws and Represent the Rights and
Interests of the American People. Within this goal, the Civil Decision
Unit's resources specifically address two of the Department's Strategic
Objectives: 2.6 - Uphold the civil and Constitutional rights of all
Americans, and 2.7 - Vigorously enforce and represent the interests of
the United States in all matters for which the Department has
jurisdiction.

**a. Performance Plan and Report for Outcomes**

Prosecution of civil litigation is an essential and vital component of
the mission of the USAs. Civil cases prosecute fraud, waste, and abuse
in federal programs and ensure that the government is fully compensated
for the losses and damages caused by those who have enriched themselves
at the government's expense. In addition, all lawsuits filed against the
government must be defended. USAs represented the government in 53,302
defensive civil cases that were filed in court during FY 2007. The USAs
successes in civil litigation preserve taxpayer dollars and uphold the
requirements and intent of federal laws and programs.

The performance measure for civil litigation relates to the percentage
of judgments and settlements resolved in favor of the government. The
target for FY 2007 was 85 percent and the actual figure was 82.8
percent. The particularly large decrease in civil affirmative cases
filed is because the U.S. **must** file defensive civil cases --
therefore a larger number of affirmative cases are not brought when the
focus must be on defensive cases. The USAOs will continue to leverage
the positions through workforce restructuring and backfilling with lower
salaried employees. This performance goal is being adjusted to 80
percent of cases favorably resolved starting in FY 2008 to be consistent
with the equivalent goal for the other litigating divisions within the
DOJ.

**b. Strategies to Accomplish Outcomes**

The two biggest challenges for USAs are to maintain a high favorable
resolution rate with existing resources and for AUSAs in particular to
adjust to the increased use of technology in the practice of law.
Technology is providing a means to increase productivity with existing
resources. However, civil cases are increasingly "electronic" --
electronic filing, e-discovery and so forth. Some AUSAs and support
staff have difficulty making the transition to these different
approaches. Workforce restructuring and technical training are both part
of the USA strategy for moving forward.

**c. Results of Program Assessment Rating Tool (PART) Review**

As described in the Criminal Decision Unit, the USAs are underwent a
PART review during FY 2007. More details of the review and its findings
are described on page 22 in section 3c of the Criminal Decision Unit.

C.  **LEGAL EDUCATION**

(Dollars in Thousands)

  ------------------------------------ --------- --------- ---------------
  Legal Education TOTAL                Perm.     FTE       Amount
                                       Pos.                

  2007 Enacted                         38        39        \$ 19,275

  2007 Supplementals                   \--       \--       \--

  2007 Enacted                         38        39        \$ 19,275

  2008 Enacted                         41        40        \$ 19,661

  Adjustments to Base and Technical    \--       \--       \$ 391
  Adjustments                                              

  2009 Current Services                41        40        \$ 20,052

  2009 Program Increases               \--       \--       \--

  2009 Request                         41        40        \$ 20,052

  Total Change 2008-2009               0         0         \$ 391
  ------------------------------------ --------- --------- ---------------

  ------------------------------------ --------- --------- ---------------
  Legal Education ---Information       Perm.     FTE       Amount
  Technology Breakout (of Decision     Pos.                
  Unit Total)                                              

  2007 Enacted                         20        20        \$ 6,171

  2007 Supplementals                   \--       \--       \--

  2007 Enacted                         20        20        \$ 6,171

  2008 Enacted                         20        20        \$ 6,311

  Adjustments to Base and Technical    \--       \--       \$ 137
  Adjustments                                              

  2009 Current Services                20        20        \$ 6,448

  2009 Program Increases               \--       \--       \$ 55

  2009 Request                         20        20        \$ 6,503

  Total Change 2008-2009               0         0         \$ 192
  ------------------------------------ --------- --------- ---------------

1\. Program Description--Legal Education

The Office of Legal Education (OLE) develops, conducts, and authorizes
the training of all federal legal personnel \[28 C.F.R. §0.22 (1990)\].
OLE coordinates legal education and attorney training for the DOJ and
other departments and agencies of the Executive Branch. Virtually all of
OLE's classroom training is conducted at the National Advocacy Center
(NAC), a premier federal training facility in Columbia, South Carolina.
The NAC features an integrated instructional and residential facility
augmented by a conference and research center with student and support
services on site.

In FY 2007, OLE provided training to a total of 21,470 students. This
included classroom training for 12,399 students and an additional 9,071
students were trained via satellite, videotape, and other means.
Eighty-three percent of the 21,470 individuals were Department of
Justice employees in legal positions while the other 17 percent or 3,600
were non-Department of Justice employees in legal positions with various
federal agencies or state and local government. Overall, in FY 2007 OLE
was responsible for the management of 395 events, including traditional
advocacy training, national conferences, seminars, symposia, and
educational forums on substantive areas of the law.

In April of 2007, OLE introduced Video on Demand (VOD), permitting users
to view OLE programming "on demand" at their desktop. OLE also began
providing a weekly program called Week in Review (WIR) which highlights
the accomplishments of the USAOs nationwide.

Since the opening of the NAC in April 1998, OLE has engaged in a
collaborative effort with the National District Attorneys Association
(NDAA) and the Executive Office for United States Trustees to create a
premier training center that brings together federal, state, and local
prosecutors to train in a state-of-the-art facility. Training for NDAA
personnel is paid for through a grant administered by the Office of
Justice Programs. In FY 2007, approximately 3,000 people attended
courses sponsored by these two training partners.

The Publications Unit of the Office of Legal Education edits and
publishes the *United States Attorneys' Manual,* the *United States
Attorneys' Bulletin,* and a number of practical skills manuals. During
FY 2007, the OLE Publications Unit published six issues of the *United
States Attorneys\' Bulletin*. OLE also published a new litigation skills
book on *Prosecuting Computer Crimes.* The Publications Unit also
produces the USA Book Online Library, which has now grown to include
hundreds of policy manuals, textbooks, and monographs and has become a
federal practice encyclopedia. The CD-Rom version of the online library
is used by DOJ attorneys and investigators working at home, on travel,
on detail, or whenever they do not have access to the DOJ Intranet.

OLE initiated the Justice Television Network (JTN) during FY 2001. JTN
is a satellite-based system that provides training and news to the 94
USAOs, as well as branch offices. The JTN schedule includes 40 hours of
programming each week, and a 15 hour \"re-feed\" to the West Coast each
workday. In FY 2007, OLE provided 2,260 hours of programming through
JTN.

In an effort to enhance its distance learning options for USAOs, OLE
developed new training modules on Title III, Professional
Responsibility, a Legal Guide to Substance Abuse and Mental Illness, and
a Legal Guide to Electronic Discovery, and updated the Evidence and
Criminal Federal Practice modules.

Continuing legal education (CLE) credit is provided through OLE for many
OLE-sponsored courses. OLE is the primary source of instruction for DOJ
attorneys and AUSAs from the 94 USAOs. Basic programs for newly hired
attorneys include criminal, civil, and appellate advocacy; federal
practice seminars; and specialty courses in priority substantive areas
of the law. Advocacy skills programs are available to new and advanced
trial attorneys. The Federal Practice Program is designed for attorneys
with litigation experience who are new to the federal civilian legal
system (e.g., former state and military prosecutors), and as continuing
training for DOJ attorneys after the basic criminal, civil, and
appellate advocacy courses. In addition, in FY 2007 OLE contracted with
West Publishing to provide more than 8,000 CLE programs to USAO and DOJ
attorneys over the Internet.

For all its programs, OLE uses experienced federal trial and appellate
attorneys as instructors to present lectures, lead discussion groups,
direct evidentiary exercises, and offer personalized critiques. Federal
judges also participate in OLE\'s advocacy courses, presiding over mock
trials and mock appellate arguments. The caliber of the OLE faculty and
the use of sophisticated videotaping facilities provide students with
unique training experiences in trial and appellate advocacy. A
significant feature of the advocacy training is the use of
\"learn-by-doing\" exercises which concentrate on courtroom skills.
These exercises simulate courtroom activities and provide students with
classroom critiques and individual video replay analysis. Finally, OLE
is meeting the demand for attorney management training for senior
criminal and civil attorneys by providing management courses for
attorney supervisors of all levels.

OLE conducts programs on federal, civil, and administrative law
practices for attorneys in the Executive Branch, including those in the
Department of Justice. OLE offers training in civil discovery and trial
techniques; negotiation techniques; and administrative law areas such as
bankruptcy, the Freedom of Information Act, ethics, environmental law,
federal employment, regulatory processes, government contracts, legal
research and writing for attorneys, management of attorneys, and
computer crime. Course instruction emphasizes the realities of federal
practice. Federal attorneys from every agency, including the DOJ, are
participants as well as advisors, curriculum developers, lecturers, and
instructors. Most instructors come from a cadre of federal prosecutors.
On a few occasions, OLE also contracts with professional educators as
instructors for these courses.

OLE develops and administers paralegal courses covering basic and
advanced skills in civil, criminal, and appellate practice. Training for
other support staff personnel (e.g., legal assistants, systems managers,
etc.) in USAOs is provided through OLE, which develops the curriculum
and recruits instructors.

OLE operates a videotape lending library for USAOs and federal agencies.
In addition, commercially produced tapes by recognized legal experts
have been purchased by OLE, and the tapes are sent to offices upon
request to supplement their in-house training programs. The completion
of a video production studio at NAC has provided the capability to
produce videotapes and other distance education materials. This has
increased the number of tapes available and enhanced the ability to keep
videotaped presentations current by updating them to include recent
legislation, policy changes or court decisions. In addition, during FY
2006, OLE began using podcasts on an experimental basis as an additional
method for distributing materials.

![](media/image13.wmf)

**3. Performance, Resources, and Strategies**

The Legal Education Decision Unit contributes to the Department's
Strategic Goal I: Prevent Terrorism and Promote the Nation's Security.
Within this goal, the decision unit's resources address three of the
Department's Strategic Objectives: 1.1 - Prevent, disrupt, and defeat
terrorist operations before they occur; 1.2 - Strengthen partnerships to
prevent, deter, and respond to terrorist incidents; and 1.3 - Prosecute
those who have committed, or intend to commit, terrorist acts in the
United States.

The Legal Education Decision Unit also contributes to Goal II: Prevent
Crime, Enforce Federal Laws and Represent the Rights and Interests of
the American People. Within this goal, the decision unit's resources
address five of the Department's Strategic Objectives: 2.1 - Strengthen
partnerships for safer communities and enhance the Nation's capacity to
prevent, solve, and control crime; 2.2 - Reduce the threat, incidence,
and prevalence of violent crime; 2.3 - Prevent, suppress, and intervene
in crimes against children; 2.4 - Reduce the threat, trafficking, use,
and related violence of illegal drugs; 2.5 - Combat public and corporate
corruption, fraud, economic crime, and cybercrime; 2.6 - Uphold the
civil and constitutional rights of all Americans; and 2.7 - Vigorously
enforce and represent the interests of the United States in all matters
for which the Department has jurisdiction.

**a. Performance Plan and Report for Outcomes**

The performance measure for this decision unit is the number of students
trained. In FY 2007, OLE conducted classroom training for 12,399
students. An additional 9,071 students were trained via satellite,
videotape, and other means, for a total of 21,470 students trained in FY
2007.

This compares with a total of 21,491 in FY 2006 -- 13,181 students
trained in the classroom and 8,310 students trained by satellite,
videotape and other training. Eighty-three percent of the 21,470
individuals were Department of Justice employees in legal positions
while the other 17 percent or 3,600 were non-Department of Justice
employees in legal positions with various federal agencies or state and
local government. OLE anticipates training a total of 21,500 students in
FY 2008 in combined classroom, satellite and other training. This number
is projected to increase to 22,000 in FY 2009.

**Number of Students Trained at the National Advocacy Center**

+-----------------------------------------------------------------------+
| ![](media/image14.png){width="5.3in" height="3.0909722222222222in"}   |
|                                                                       |
|   ------------------------------------------------------------------  |
|                                                                       |
|   ------------------------------------------------------------------  |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
|   ------------------------- -------------------                       |
| -- --------------------- --------------------- ---------------------  |
| --------------------- ----------------------- ----------------------- |
|                             *                                         |
| *[FY                 **[FY                 **[FY                 **[F |
| Y                 **[FY                 **[FY                   **[FY |
|                             2003]{.underline}                         |
| **   2004]{.underline}**   2005]{.underline}**   2006]{.underline}**  |
|   2007]{.underline}**   2008\*]{.underline}**   2009\*]{.underline}** |
|                                                                       |
|   **Classrooms**                                                      |
|     14,342                12,127                10,153                |
|  13,181                12,399                                         |
|                                                                       |
|   **Videotape**                                                       |
|     1,429                 1,888                 1,199                 |
|  1,782                 1,717                                          |
|                                                                       |
|   **Other/CLE/Satellite*                                              |
| *   6,916                 5,430                 5,561                 |
|  6,528                 7,354                                          |
|                                                                       |
|   **Total Students          22                                        |
| ,687                19,445                16,913                21,49 |
| 1                21,470                21,500                  22,000 |
|   Trained**                                                           |
|                                                                       |
|                                                                       |
|   ------------------------- -------------------                       |
| -- --------------------- --------------------- ---------------------  |
| --------------------- ----------------------- ----------------------- |
|                                                                       |
| \***Projected totals**                                                |
+-----------------------------------------------------------------------+

Overall, in FY 2007 OLE was responsible for the management of 395
events, including traditional advocacy training, national conferences,
seminars, symposia, and educational forums on substantive areas of the
law. During FY 2007, OLE introduced Video on Demand (VOD) and by the end
of FY 2007, approximately 23,000 people had watched WIR news clips and
8,366 individuals had watched one of the 150 programs available through
VOD.

In FY 2007, approximately 3,000 people attended courses sponsored by
OLE's two training partners, the National District Attorneys Association
(NDAA) and the Executive Office for United States Trustees,

**b. Strategies to Accomplish Outcomes**

The U.S. Attorneys will continue to ensure that high quality legal
education is available for basic and advanced legal training through
traditional classroom instruction and expanded use of JTN and distance
learning. Additional training will be needed to support the requested
Border Enforcement Initiative.

**c. Results of Program Assessment Rating Tool (PART) Review**

As described in the Criminal Decision Unit, the USAs underwent a PART
review during

FY 2007. More details of the review and its findings are described on
page 22 in section 3c of the Criminal Decision Unit.

**V. E-Gov Initiatives**

The Justice Department is fully committed to the President's Management
Agenda (PMA) and the E-Government initiatives that are integral to
achieving the objectives of the PMA. The E-Government initiatives serve
citizens, business, and federal employees by delivering high quality
services more efficiently at a lower price. The Department is in varying
stages of implementing E-Government solutions and services including
initiatives focused on integrating government- wide transactions,
processes, standards adoption, and consolidation of administrative
systems that are necessary tools for agency administration, but are not
core to DOJ's mission. To ensure that DOJ obtains value from the various
initiatives, the Department actively participates in the governance
bodies that direct the initiatives and we communicate regularly with the
other federal agencies that are serving as the "Managing Partners" to
ensure that the initiatives meet the needs of the Department and its
customers. The Department believes that working with other agencies to
implement common or consolidated solutions will help DOJ to reduce the
funding requirements for administrative and public-facing systems,
thereby allowing DOJ to focus more of its scarce resources on higher
priority, mission related needs. DOJ's contributions to the
Administration's E-Government projects will facilitate achievement of
this objective.

**a. Funding and Costs**

The Department of Justice participates in the following E-Government
initiatives and Lines of Business (LoB):

  ------------------ ------------------ ----------------- ------------------
  Business Gateway   E-Travel           Integrated        Case Management
                                        Acquisition       LoB
                                        Environment       

  Disaster           Federal Asset      IAE -- Loans &    Geospatial LoB
  Assistance         Sales              Grants -- Dunn &  
  Improvement                           Bradstreet        

  Disaster           Geospatial         Financial         Budget Formulation
  Assistance         One-Stop           Management LoB    and Execution LoB
  Improvement Plan                                        
  -- Capacity Surge                                       

  E-Authentication   GoveBenefits.gov   Human Resources   IT Infrastructure
                                        LoB               LoB

  E-Rulemaking       Grants.gov         Grants Management 
                                        LoB               
  ------------------ ------------------ ----------------- ------------------

The Department of Justice E-Government expenses -- i.e. DOJ's share of
e-Gov initiatives managed by other federal agencies -- are paid for from
the Department's Working Capital Fund (WCF). These costs, along with
other internal E-Government related expenses (oversight and
administrative expenses such as salaries, rent, etc.) are reimbursed by
the components to the WCF. The United States Attorneys' (USAs)
reimbursement amount is based on the anticipated or realized benefits
from an e-Government initiative. The table below identifies the USAs'
actual or planned reimbursement to the Department's WCF. As such, the
USA E-Government reimbursement to the WCF is \$2,109,000 for FY 2008.
The anticipated USA e-Government reimbursement to WCF is \$751,000 for
FY 2009.

**b. Benefits**

The USAs established baseline cost estimates for each IT investment
being modified, replaced, or retired due to the Department's use of an
E-Government or Line of Business initiative. The USAs are measuring
actual costs of these investments on an ongoing basis. As the USA
completes migrations to common solutions provided by an E-Government or
Line of Business initiative, the USA expects to realize cost savings or
avoidance through retirement or replacement of legacy systems and/or
decreased operational costs. The list below represents only those
E-Government initiatives and Lines of Businesses where the USA expects
to realize benefits in FY 2008 and FY 2009:

**[Litigation Case Management Systems (LCMS)]{.underline}**. The USAs
are partnering with JMD to develop and implement in FY 2008 a DOJ-wide
case management system which will replace EOUSA's legacy systems, as
part of the Case Management System LoB.

**[E-Qip]{.underline}**. USAOs and EOUSA are using the government-wide
E-Qip system for online personnel security processing for all new hires.
This saves time, reduces postage costs, and overall streamlines the
process.

**[E-HR.]{.underline}** With the Department, currently exploring a
web-based Automated Staffing System. Applicants will be able to apply
and their applications can be rated and ranked via the web. This will
allow individual managers on-line access to applications in order to
make selections.

**[E-Travel]{.underline}.** USAOs and EOUSA piggy back on a
Department-wide contract with a travel provider to book their airline
tickets, hotel reservations, and car rentals and substantial savings are
associated with the on-line booking feature.

**VI. EXHIBITS**