The Criminal Division

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FY 2008

Congressional

Budget

# Table of Contents

Page No.

**I. Overview** 1

**II Summary of Program Changes** 9

**III. Appropriations Language and Analysis of Appropriations Language**
10

IV\. Decision Unit Justification

A. Enforcing Federal Criminal Laws 11

1\. Program Description

2\. Performance Tables

3\. Performance, Resources, and Strategies

a\. Performance Plan and Report of Outcomes

b\. Strategies to Accomplish Outcomes

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

**V. Exhibits**

A.  Organizational Chart A

B.  Summary of Requirements B

C.  Program Increases by Decision Unit C

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D.  Resources by DOJ Strategic Goal/Objective D

E.  Justification for Base Adjustments E

F.  Crosswalk of 2006 Availability F

G.  Crosswalk of 2007 Availability G

H.  Summary of Reimbursable Resources H

I.  Detail of Permanent Positions by Category I

J.  Financial Analysis of Program Increases/Offsets J

K.  Summary of Requirements by Grade K

L.  Summary of Requirements by Object Class L

M.  Status of Congressionally Requested Studies, Reports, and Not
    Applicable

**I. Overview for Criminal Division**

**1. Mission & Budget**

The Criminal Division is requesting a total of 758 permanent positions,
760 direct Full-Time Equivalents (FTE), and \$152,024,000 in its
Salaries and Expenses appropriation for fiscal year 2008. The
Division\'s total requested program improvements for FY 2008 (12
positions, including 8 attorneys, 8 FTE, and \$1,216,000) will be
necessary to enable the Division's continued support of the Department's
Strategic Plan and the Attorney General's priorities. The Division
focuses its activities and resources on achieving both of the Attorney
General's top two strategic goals:

1.  Preventing Terrorism and Promoting National Security; and

2.  Enforcing Federal Laws.

The Criminal Division develops, enforces, and supervises the application
of all federal criminal laws except those specifically assigned to other
divisions. The Division and the 93 U.S. Attorneys have the
responsibility for overseeing criminal matters under more than 900
statutes as well as certain civil litigation. 

The Division performs three key functions in support of its mission,
through which it provides leadership and coordination in the
Department's efforts to meet its strategic goals:

-   **Litigating** cases (i.e. multi-jurisdictional & international
    cases)

-   Providing **expert guidance and legal advice** (i.e. to the Attorney
    General, foreign counterparts, federal, state, and local law
    enforcement agencies, and U.S. Attorneys' offices)

-   Developing and implementing **law enforcement tools** (i.e. Title
    III wiretaps, attorney fee forfeitures, correspondent banking
    subpoenas, and foreign legal frameworks)

The Criminal Division is requesting the following new investments to
sustain and improve its support of the Department's top priorities: (1)
Reduce Violent Crime and Organized Crime; (2) Protect Citizens from
Online Crime; and (3) Reduce the Flow of Illicit drugs.

Beginning in FY 2007, electronic copies of the Department of Justice's
congressional budget justifications and Capital Asset Plan and Business
Case exhibits can be viewed or downloaded from the Internet using the
Internet address:
[**[http://www.usdoj.gov/jmd/2008justification/]{.underline}**](http://www.usdoj.gov/jmd/2008justification/)

**2. Trends & Issues**

*Transnational Crime and Terrorism*

The increasing globalization of crime and the emergence of transnational
threats will continue to bring new challenges to law enforcement at home
and abroad. Terrorists are using traditional criminal methods more and
more as a vehicle to move resources, recruit, or simply spread their
sphere of influence.

Transnational threats that we face today include telemarketing fraud and
identity theft, corrupt public officials at the national and
international level, child exploitation and obscenity, online crime and
cyber attacks, drug trafficking, gangs, human trafficking, money
laundering, and terrorism. The globalization of crime has created a vast
breeding ground for criminals, including potential terrorists.

The Division stands guard to deter these threats before they become a
matter of national security by keeping abreast of global threats and
developing effective ways to combat them.

*Increased Demand for Services*

Since 2001, the FBI's resources have grown by 87 percent. During this
period, the Department's litigating components have not grown
accordingly. If we do not receive the additional resources that we have
requested, the Division will not be able to keep up with the requests
from investigators who rely on our guidance and prosecutorial expertise.

The Division's pending litigation workload increased by approximately 11
percent between FY 2005 (2,728 cases and matters pending at the end of
FY 2005) and FY 2006 (3,017 cases and matters pending at the end of FY
2006). As field resources grow, the Criminal Division needs to grow
proportionally to continue supporting the field on matters of national
and transnational significance.

**3. Outcomes**

The Criminal Division reports several of the Department's outcome
measures, as listed in the *2003-2008 Strategic Plan*, and plays a
substantial role in helping the Department to meet its targets for
Strategic Goals 1 and 2.

*Strategic Goal #1: Preventing Terrorism and Promoting National
Security*

The outcome measure for Goal 1 (No terrorist acts committed by foreign
nationals against U.S. interests within U.S. borders) sets the benchmark
for measuring the Department's success in preventing terrorism and
promoting the nation's security. The Department has met the goal of zero
attacks for the past five fiscal years.

The Division plays a critical role in helping the Department achieve
this goal by serving as a leader, facilitator, and coordinator on
national and transnational matters to keep our homeland secure. The
following highlights a sampling of the activities undertaken by the
Division to help achieve Strategic Goal #1:

-   Identifying national cases that occur within and beyond the
    boundaries of the United States, due to the unique nature of the
    Division's international and national mission.

-   Participating in many terrorism matters and government-wide
    anti-terrorism policy and strategy groups.

-   Protecting the nation's cyber infrastructure from attacks by
    coordinating with law enforcement, intelligence, and homeland
    security agencies and providing them with the Division's expertise
    in the law and technology that governs the Internet and
    computer-based communications.

-   Enhancing the security of the nation's borders by leading domestic
    and international efforts to dismantle the travel infrastructure
    used by terrorists.

-   Assisting foreign partners to ensure international judicial
    cooperation and ensure their ability to combat terrorism.

In the event of a terrorist attack and during periods of elevated threat
levels, the Division stands ready to provide leadership support and
coordination on investigations on a 24/7 basis.

+-----------------------------------------------------------------------+
| **KEEPING AMERICA SAFE:**                                             |
|                                                                       |
| **An Example of the Criminal Division's Role in Preventing            |
| Terrorism**                                                           |
+-----------------------------------------------------------------------+
| In January 2006, the Criminal Division worked with the U.S.           |
| Attorney's Office in the Southern District of Florida, U.S.           |
| Immigration and Customs Enforcement (ICE), and foreign law            |
| enforcement partners in Panama and Colombia to indict ten foreign     |
| nationals charged with attempting to provide material support to      |
| terrorists, alien smuggling, and money laundering. The indictment     |
| charged the defendants with conspiracy to provide material support to |
| a foreign terrorist organization, conspiracy to commit alien          |
| smuggling, bringing unauthorized aliens to the United States for      |
| commercial advantage or private financial gain, encouraging or        |
| inducing aliens to come to the United States, and money laundering.   |
| According to the indictment, during the course of an undercover       |
| operation, the defendants allegedly arranged and facilitated travel   |
| from Colombia to the United States for individuals they believed to   |
| be members of the Revolutionary Armed Forces of Colombia (FARC), a    |
| designated foreign terrorist organization. The defendants allegedly   |
| provided fraudulent Colombian and Spanish identity documents,         |
| including Spanish passports, which allow individuals to enter the     |
| United States without a visa. All defendants were captured. One       |
| defendant was extradited to Miami and arraigned in January 2007; all  |
| other defendants are in Colombian custody and are awaiting            |
| extradition to stand trial. The Supreme Court of Colombia has         |
| approved the extradition of five defendants, but before they are      |
| extradited, the President of Colombia must also approve. The          |
| extraditions of the remaining defendants are awaiting approval from   |
| the Colombian Supreme Court and the President. The Division's         |
| Domestic Security Section and the Office of International Affairs are |
| both working on this case.                                            |
+-----------------------------------------------------------------------+

*Strategic Goal #2: Enforcing Federal Laws*

The outcome measure for goal 2 reported by the Criminal Division
(percentage of criminal cases favorably resolved) sets a benchmark of 90
percent. The Criminal Division favorably resolved 96 percent of its
criminal cases, exceeding the Department's target. This percentage is
even more commendable considering the complex nature of the cases that
the Criminal Division litigates.

The Division plays an active role in helping the Department achieve its
strategic goal of enforcing federal laws. The Division's attorneys
include many of the Justice Department's experts in specific types of
crime, and engage in a variety of activities to support this goal:

-   Staying ahead of cutting-edge criminals by developing expertise on
    emerging criminal trends across the nation and around the world.

-   Handling complex cases by providing expert advice, training, and
    extensive coordination.

-   Litigating and coordinating cases across the country and the globe
    to ensure consistency in achieving the Department's and the
    Administration's goals, particularly in multi-jurisdictional and
    international cases.

-   Providing indispensable guidance to prosecutors and law enforcement
    agencies at the federal, state, and local levels to prosecute cases.

+-----------------------------------------------------------------------+
| **KEEPING AMERICA SAFE:**                                             |
|                                                                       |
| **An Example of the Criminal Division's Role in Enforcing Laws**      |
+-----------------------------------------------------------------------+
| The Criminal Division led the largest ever international enforcement  |
| effort against organized online piracy in Operation FastLink and      |
| Operation SiteDown. The Division's Computer Crimes and Intellectual   |
| Property Section (CCIPS) coordinated 42 separate U.S. Attorney        |
| Offices, 30 separate FBI field offices, and law enforcement in16      |
| foreign countries in a concerted effort to attack organizations       |
| engaged in the piracy of intellectual property across the globe. The  |
| undercover operations targeted elite, criminal organizations, known   |
| as "warez release groups," the first providers of pirated works on    |
| the Internet. Law enforcement agents conducted more than 200 searches |
| and arrested numerous people worldwide, seized hundreds of thousands  |
| of pirated works conservatively valued at more than \$100 million,    |
| and eliminated more than 20 major online distribution centers. To     |
| date, the Department of Justice has obtained convictions against more |
| than 70 people in the United States on criminal copyright             |
| infringement charges. Charges are pending against dozens more. Most   |
| recently, in August 2006, in San Jose, California, a conviction was   |
| obtained against a movie critic responsible for selling advance       |
| copies of movies to a warez release group. San Jose prosecutors had   |
| previously obtained convictions under two new copyright statutes,     |
| including the new \"camming\" statute (unauthorized recording of      |
| motion pictures in a motion picture exhibition facility) and a new    |
| statute for uploading pre-releases on the Internet (criminal          |
| copyright infringement by distributing a copyrighted work on a        |
| computer network).                                                    |
+-----------------------------------------------------------------------+

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**B. Goals, Objectives, and Strategies**

The Criminal Division is committed to the ongoing fight against the
growing threats of terrorism and global crime. By continuing to keep the
Department's global presence alive, sharing expertise with prosecutors
and law enforcement in the field, developing criminal policies and
legislation, and monitoring transnational crime trends at the national
and international level, the Criminal Division will continue playing its
unique and central role in helping the Department achieve Strategic
Goals One and Two.

*DOJ Strategic Goal 1: Prevent Terrorism and Promote the Nation's
Security*

The Department of Justice's approach to protecting the U.S. from
terrorism is three-pronged, illustrated by the Strategic Objectives for
this goal:

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

-   Investigate and prosecute those who have committed, or intend to
    commit, terrorist acts in the U.S. (1.2)

-   Combat espionage against the U.S. by strengthening
    counterintelligence capabilities (1.3)

[Criminal Division's Role]{.underline}

The Criminal Division supports the Department's efforts in achieving
these objectives by ensuring legislative, investigative, and
international tools are available and used appropriately. The Division
continues to strengthen our national security using the following
strategies:

-   Protecting the communications infrastructure by preventing
    cyber-terrorism attacks;

-   Dismantling major transnational drug trafficking organizations with
    links to terrorism;

-   Stopping potential terrorists from entering the U.S. by securing
    borders and enforcing criminal laws related to alien smuggling,
    immigration-related offenses, violent crime, and the illegal use of
    fire arms and explosives;

-   Disrupting the flow of money to terrorists by targeting terrorist
    financing;

-   Targeting corrupt officials in sensitive positions who increase the
    risk to national security;

-   Putting criminals that threaten national security in jail through
    prosecution;

-   Assisting foreign partners to ensure international judicial
    cooperation and ensure their ability to combat terrorism; and

-   Exercising an oversight role regarding a number of
    litigation-support functions that assist in the fight against
    terrorism.

  ---------------------------------------------------------------------------
  **Contributions   
  of the Criminal   
  Division to       
  Preventing        
  Terrorism &       
  Promoting         
  National          
  Security**        
  ----------------- ---------------------------------------------------------
  **Outcome**       **Description**

  **Terrorist       The Division assists in developing and providing money
  Financing         laundering, asset forfeiture, and terrorist financing
  Legislation**     assistance and training to countries vulnerable to
                    terrorist financing. In the past year, the Division
                    provided specific legislative drafting assistance to 15
                    countries and indirect drafting assistance to an
                    additional 34 countries by helping to revise forfeiture
                    provisions of the Organization of American States' Model
                    Regulations against money laundering.

  **Operation       The Division leads this investigation of the money
  Wirelink**        services business (MSB) industry, which moves and
                    launders money throughout the U.S. in violation of a
                    number of statutes, including three counter-terrorism
                    laws. The Division is working with the FBI in analyzing
                    data; the leads are used by the FBI in their fight
                    against terrorism.

  **ICITAP**        The International Criminal Investigative Training
                    Assistance Program (ICITAP) is active in more than 40
                    nations, including Iraq. ICITAP's mission is to improve
                    host-nation law enforcement agencies that are on the
                    front lines of terrorism in an effort to control
                    indigenous crime, which will ultimately reduce the
                    proliferation of related transnational crime. ICITAP's
                    assistance programs play an integral part in global
                    efforts to combat terrorism by introducing complex and
                    comprehensive strategies that deliver training,
                    resources, and investigative capabilities to law
                    enforcement agencies around the world.

  **OPDAT**         The Office of Overseas Prosecutorial Development,
                    Assistance and Training (OPDAT)Number range CHAPTER
                    prepares foreign counterparts to cooperate more fully and
                    effectively with the United States in combating terrorism
                    and related transnational crime. OPDAT has developed
                    highly complex and politically sensitive legal technical
                    assistance programs targeting terrorist financing in more
                    than 75 countries.

  **OIA**           Number range CHAPTERThe Department of Justice, through
                    the Office of International Affairs (OIA), takes the lead
                    role in making formal requests to countries around the
                    world in order to secure the return of international
                    fugitives and evidence critical to the investigation and
                    prosecution of terrorist activity. Utilizing a network of
                    bilateral extradition treaties, mutual legal assistance
                    treaties (MLATs), and multilateral conventions, OIA works
                    closely with U.S. and foreign prosecution, law
                    enforcement and judicial authorities in matters relating
                    to counterterrorism investigations. For FY 2005, 447
                    fugitives were surrendered and 2,310 MLATs were resolved.
                    In FY 2006, 408 fugitives were surrendered and 2,426
                    MLATs were resolved.
  ---------------------------------------------------------------------------

*DOJ Strategic Goal 2: Enforce Federal Laws and Represent the Rights and
Interests of the American People*

The Department's Number range CHAPTERGoal Two covers a broad area,
reflecting the Department's concern with violent crimes, especially
against children; crimes committed with firearms, explosives, and fire,
particularly when these are committed by organizations bent on violent
exploitation of others; the manufacture, distribution, and abuse of
drugs, which are often linked to criminal behavior; and white-collar
crimes that, although non-violent, can have devastating effects on
victims and society as a whole. The goal also underlines the
Department's continuous commitment to uphold the Constitution Number
range CHAPTERand individuals' civil rights by targeting any threats, as
indicated by Goal Two's Strategic Objectives:

-   Reduce the threat, incidence, and prevalence of violent crime (2.1).

-   Reduce the threat, trafficking, use, and related violence of illegal
    drugs (2.2).

-   Combat white collar crime, economic crime, cyber crime, and crimes
    against children and other vulnerable members of society (2.3).

-   Uphold the civil and constitutional rights of all Americans, and
    protect vulnerable members of society (2.4).

[Criminal Division's Role]{.underline}

The Criminal Division plays an important role in virtually all aspects
of Goal Two, due to the unique functions of its specialized components:

-   Litigating Number range CHAPTERsome of the most important, complex
    domestic cases;

-   Coordinating numerous multi-district cases;

-   Maintaining sole responsibility for many international cases; and

-   Acting as a repository for criminal guidance, expertise, and
    training that supports law enforcement entities in their efforts to
    investigate and prosecute crime.

+------------+---------------------------------------------------------+
| **Con      |                                                         |
| tributions |                                                         |
| of the     |                                                         |
| Criminal   |                                                         |
| Division   |                                                         |
| to         |                                                         |
| Enforcing  |                                                         |
| Federal    |                                                         |
| Laws**     |                                                         |
+============+=========================================================+
| **         | **Description**                                         |
| Outcomes** |                                                         |
+------------+---------------------------------------------------------+
| *          | Established by the Attorney General and chaired by the  |
| *Hurricane | Assistant Attorney General of the Criminal Division,    |
| Katrina    | the Task Force combats all types of fraud and           |
| Fraud Task | corruption resulting from the devastation of the        |
| Force      | hurricanes, emphasizing charity fraud, identity theft,  |
| (HKFTF)**  | insurance fraud, and procurement and government-benefit |
|            | fraud. The Task Force is made up of multiple federal    |
| **8 Sept   | agencies and state and local law enforcement. To date,  |
| 2005**     | the Task Force has charged 525 individuals in 445       |
|            | indictments brought in 35 judicial districts around the |
|            | country. Number range CHAPTERThe Task Force Command     |
|            | Center in Baton Rouge has screened and referred more    |
|            | than 9,000 complaints to various federal agencies       |
|            | nationwide.                                             |
+------------+---------------------------------------------------------+
| *          | In conjunction with the FBI and the National Center for |
| *Innocence | Missing and Exploited Children, the Division's Child    |
| Lost**     | Exploitation and Obscenity Section launched this        |
|            | initiative to combat domestic child sex trafficking.    |
| **Spring   | Multi-disciplinary task forces are being created and    |
| 2003**     | trained in cities across the U.S. with the highest      |
|            | incidences of child prostitution. As of December 2006,  |
|            | the initiative has opened 273 investigations, made 697  |
|            | arrests, with 159 informations or indictments, and had  |
|            | 135 convictions in the federal and state systems since  |
|            | the inception of the initiative.                        |
+------------+---------------------------------------------------------+
| **Abramoff | This public corruption investigation by the Division,   |
| Inves      | charging former lobbyist Jack Abramoff with multiple    |
| tigation** | offenses, has generated six guilty pleas (including     |
|            | Congressman Ney, Stillwell, Abramoff, Scanlon, Rudy,    |
| **3        | and Volzand) one conviction by a jury.                  |
| January    |                                                         |
| 2006**     |                                                         |
+------------+---------------------------------------------------------+
| **Bloom    | Contractor Philip Bloom pled guilty to conspiracy,      |
| Fraud      | bribery, and money laundering in connection with a      |
| Case**     | scheme to defraud the Coalition Provisional             |
|            | Authority-South Central Region (CPA-SC) in Al-Hillah,   |
| **April    | Iraq. To date, a total of five people have been         |
| 2006**     | charged.                                                |
+------------+---------------------------------------------------------+
| **U.S. v.  | The Division's Child Exploitation and Obscenity Section |
| Whorley**  | (CEOS), working with the U.S. Attorney's Office for the |
|            | Eastern District of Virginia, secured the conviction of |
| **December | a convicted sex offender on 74 counts of receiving      |
| 2005**     | obscene material and child pornography in violation of  |
|            | 18 U.S.C. 1462 (a), 1466A (a) (1) and (2), and 2252.    |
|            | This case was the first charged under 1466A, which      |
|            | criminalizes obscene visual representations of the      |
|            | sexual abuse of children; it has set the precedent that |
|            | 1466A is a viable statute that can be used to support   |
|            | the prosecution of cartoons depicting children engaged  |
|            | in sexually explicit conduct.                           |
+------------+---------------------------------------------------------+
| **Enron    | The Department established the Enron Task Force in      |
| Task       | January 2002 (ETF) to investigate and prosecute all     |
| Force**    | criminal matters relating to the sudden collapse of     |
|            | Enron Corp. Since its inception, the ETF has brought    |
|            | criminal charges against 35 defendants, 25 of whom were |
|            | former Enron employees. On May 25, 2006, former Enron   |
|            | Corporation chief executive officer Jeffrey K. Skilling |
|            | and former chairman and chief executive officer Kenneth |
|            | L. Lay were found guilty, following a four-month jury   |
|            | trial, on a superseding indictment filed in July 2004,  |
|            | stemming from the collapse of the Enron                 |
|            | Corporation. Lay died in July and the counts against    |
|            | him were dismissed in October. On May 31, 2006, Kevin   |
|            | Howard, former chief financial officer for Enron        |
|            | Corporation's telecommunications division, Enron        |
|            | Broadband Services (EBS), was found guilty, following a |
|            | month-long jury trial. With the assistance of the       |
|            | Criminal Division's Asset Forfeiture and Money          |
|            | Laundering Section, the ETF seized approximately \$162  |
|            | million in ill-gotten proceeds of crimes. The ETF was   |
|            | disbanded at the end of October and primary             |
|            | responsibility for all remaining Enron-related matters  |
|            | was transferred to the Fraud Section of the Criminal    |
|            | Division.                                               |
+------------+---------------------------------------------------------+

**3. Full Program Costs**

As demonstrated in the budget, the Department's Strategic Goals and
Objectives drive the Division's objectives and priorities. The
additional resources requested in this budget will further enhance the
Division's ability to implement these strategies, positively impacting
performance and its ability to meet Departmental goals.

Division resources are represented as a whole because the Division
reports as a single decision unit. Total costs represent both direct and
indirect costs, including administrative functions and systems. The
performance/resources table contained in Section III of this budget
offers further detail regarding the Division's work within the decision
unit.

**4. Performance Challenges**

Many factors, both external and internal, influence the Criminal
Division's level of success in accomplishing its mission. The benefits
of in-house and Departmental expertise, professionalism, and experience
have assisted the Division in overcoming these obstacles in the past,
and will continue to do so in the future. Refer to the Performance Table
included in the exhibits for more information.

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

An organization such as the Criminal Division cannot work in isolation.
Rather, serving justice and protecting the public requires good faith
collaboration and open communication between foreign and domestic
agencies at all levels of government. As a litigating body, the Division
must rely heavily on the work of investigating agencies such as the
Federal Bureau of Investigation and the Drug Enforcement Administration
(DEA), as well as cooperation from United States Attorney's Offices,
foreign counterparts, and other federal, state, and local agencies.

Moreover, in accomplishing its mission, the Division must increasingly
consult and coordinate closely with other protective and intelligence
agencies, such as the Department of Homeland Security, Department of
State, Treasury Department, and Department of Defense. This requires
additional resources to maintain current pace with these growing
entities and to continue with current success levels - as coordination
requires time and personnel.

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

In FY 2007, Criminal Division's Counterterrorism and Counterespionage
Sections are transitioning to the newly created National Security
Division (NSD). The transition period represents a challenge for the
Criminal Division: the Division is providing assistance to NSD as it
stands up and assumes its responsibilities with its continued
coordination role in the Department's national security mission and its
major responsibility of providing national guidance, expertise, and
assistance in the enforcement and prosecution of criminal law.

**II. Summary of Program Changes**

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

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

  **Reducing      **Enhance the Department's       **2**      **2**     **\$232**   **19**
  Violent and     effort to combat gang violence                                    
  Organized       by leading and supporting the                                     
  Crime**         National Gang Targeting,                                          
                  Enforcement & Coordination                                        
                  Center (GangTECC) and                                             
                  identifying priority targets and                                  
                  ensuring coordinated law                                          
                  enforcement actions against                                       
                  these targets. This also                                          
                  provides resources for the                                        
                  Division's newly formed Gang                                      
                  Squad.**                                                          

  **Protecting    **Combat and prevent criminals   **7**      **4**     **\$685**   **22**
  Citizens from   who use advanced technology such                                  
  Online Crime**  as the Internet to commit crimes                                  
                  (especially crimes against                                        
                  children) by leveraging our                                       
                  technical expertise and                                           
                  international relationships and                                   
                  by investigating and prosecuting                                  
                  these criminals.**                                                

  **Reducing the  **Target and dismantle           **3**      **2**     **\$299**   **27**
  Flow of Illicit international narcotic                                            
  Drug**          trafficking organizations by                                      
                  bringing drug traffickers to                                      
                  justice and by providing timely                                   
                  review of critical law                                            
                  enforcement tools.**                                              
  --------------- -------------------------------- ---------- --------- ----------- ----------

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

**Appropriations Language**

Not Applicable

**Analysis of Appropriations Language**

Not Applicable

**IV. Decision Unit Justification**

**A. *Enforcing Federal Criminal Laws***

+------------------------------------+--------+--------+--------------+
| Enforcing Federal Criminal Laws    | Perm.  | FTE    | Amount       |
|                                    | Pos.   |        |              |
| TOTAL                              |        |        |              |
+------------------------------------+--------+--------+--------------+
| 2006 Enacted with Rescissions and  | 818    | 817    | \$144,481    |
| Supplementals                      |        |        |              |
+------------------------------------+--------+--------+--------------+
| 2007 Estimate                      | 746    | 751    | \$131,396    |
+------------------------------------+--------+--------+--------------+
| Adjustments to Base and Technical  | 0      | 1      | \$19,412     |
| Adjustments                        |        |        |              |
+------------------------------------+--------+--------+--------------+
| 2008 Current Services              | 746    | 752    | \$150,808    |
+------------------------------------+--------+--------+--------------+
| 2008 Program Increases             | 12     | 8      | \$1,216      |
+------------------------------------+--------+--------+--------------+
| 2008 Offsets                       | 0      | 0      | \$0          |
+------------------------------------+--------+--------+--------------+
| 2008 Request                       | 758    | 760    | \            |
|                                    |        |        | $152,024[^1] |
+------------------------------------+--------+--------+--------------+
| Total Change 2007-2008             |        |        |              |
+------------------------------------+--------+--------+--------------+

1\. Program Description

Number range CHAPTERThe mission of the Criminal Division is to develop,
enforce, and supervise the application of all federal criminal laws
except those specifically assigned to other divisions. The Criminal
Division serves in a complementary law enforcement role. While United
States Attorneys and international, state, and local prosecutors serve a
specific jurisdiction, the Criminal Division works in partnership across
jurisdictions and with international partners to ensure that the law is
implemented uniformly and in the collective interests of the United
States.

The Criminal Division addresses the need for centralized coordination,
prosecution, and oversight, and complements the work of its foreign and
domestic law enforcement partners by centrally housing subject matter
experts in all areas of federal criminal law who are equipped to handle
large and complex criminal cases, provide critical legal advice and
guidance, formulate policy and legislation, and review and approve the
use of sensitive law enforcement tools, such as correspondent banking
subpoenas, Title III wiretaps, electronic evidence-gathering techniques,
and the witness security program. The concentration of formidable
expertise in a broad range of critical subject areas strengthens and
shapes the Department's efforts in bringing a broad perspective to areas
of national and transnational criminal enforcement and prevention. As a
reflection of this range of expertise, the Division's Performance and
Resource Table is organized into three broad functional categories:
litigation; expert guidance and legal advice; and law enforcement tools.

The Criminal Division's one Decision Unit, Enforcing Federal Criminal
Laws, includes the following Sections/Offices: Appellate Section, Asset
Forfeiture and Money Laundering Section, Child Exploitation and
Obscenity Section, Computer Crime and Intellectual Property Section,
Domestic Security Section, Executive Office of the Organized Crime Drug
Enforcement Task Force, Fraud Section, International Criminal
Investigative Training Assistance Program, Narcotic and Dangerous Drug
Section, Office of Administration, Office of the Assistant Attorney
General, Office of Enforcement Operations, Office of International
Affairs, Office of Policy and Legislation, Office of Special
Investigations, Organized Crime and Racketeering Section, and Public
Integrity Section. These 17 Sections/Offices are integral to fulfilling
the Division's mission of developing, enforcing, and exercising general
oversight for federal criminal laws, except those that are specifically
assigned to other Divisions.

2\. Performance Tables

<table>
<colgroup>
<col style="width: 12%" />
<col style="width: 18%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 10%" />
<col style="width: 4%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>PERFORMANCE AND RESOURCE TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="12">Decision Unit: Enforcing Federal Criminal Laws</td>
</tr>
<tr class="odd">
<td colspan="12"><p>DOJ Strategic Goal/Objective: Goal One: Prevent
Terrorism and Promote the Nation’s Security</p>
<blockquote>
<p>1.1 Prevention, 1.2 Investigation/Prosecute, 1.3 Espionage</p>
<p>Goal Two: Enforce Federal Laws and Represent the Rights and Interests
of the American People</p>
<p>2.1 Violent Crime, 2.2 Drugs, 2.3 White Collar Crime, 2.4 Protect
Vulnerable Members of Society</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="2"><strong>WORKLOAD/RESOURCES</strong></td>
<td colspan="2"><strong>Final Target</strong></td>
<td colspan="2"><strong>Actual</strong></td>
<td colspan="2"><strong>Estimate</strong></td>
<td colspan="2"><strong>Changes</strong></td>
<td colspan="2"><strong>Requested (Total)</strong></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="2">FY 2006</td>
<td colspan="2">FY 2006</td>
<td colspan="2">FY 2007*</td>
<td colspan="2">Current Services Adjustments and FY 2008 Program
Changes</td>
<td colspan="2">FY 2008 Request</td>
</tr>
<tr class="even">
<td colspan="2" rowspan="2"><p>Total Costs and FTE</p>
<p>(reimbursable FTE are included)</p></td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
</tr>
<tr class="odd">
<td>919</td>
<td>$144,481</td>
<td>881</td>
<td>$142,267</td>
<td>853</td>
<td>$131,396</td>
<td>15</td>
<td>$20,628</td>
<td>868</td>
<td>$152,024<a href="#fn1" class="footnote-ref" id="fnref1"
role="doc-noteref"><sup>1</sup></a></td>
</tr>
<tr class="even">
<td><p><strong>TYPE/</strong></p>
<p><strong>Strategic Objective</strong></p></td>
<td><strong>PERFORMANCE</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2008 Program
Changes</strong></td>
<td colspan="2"><strong>FY 2008 Request</strong></td>
</tr>
<tr class="odd">
<td rowspan="2">Program Activity</td>
<td rowspan="2">1. Litigation<a href="#fn2" class="footnote-ref"
id="fnref2" role="doc-noteref"><sup>2</sup></a></td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
</tr>
<tr class="even">
<td>404</td>
<td>$69,351</td>
<td>381</td>
<td>$67,512</td>
<td>355</td>
<td>$60,345</td>
<td>7</td>
<td>$9,474</td>
<td>362</td>
<td>$69,819</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Cases Opened **</td>
<td colspan="2">424</td>
<td colspan="2">485</td>
<td colspan="2">461</td>
<td colspan="2">59</td>
<td colspan="2">520</td>
</tr>
<tr class="even">
<td><p><strong>TYPE/</strong></p>
<p><strong>Strategic Objective</strong></p></td>
<td><strong>PERFORMANCE</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2008 Program
Changes</strong></td>
<td colspan="2"><strong>FY 2008 Request</strong></td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Cases Closed **</td>
<td colspan="2">324</td>
<td colspan="2">332</td>
<td colspan="2">316</td>
<td colspan="2">32</td>
<td colspan="2">348</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Cases Pending at EOY</td>
<td colspan="2">1,034</td>
<td colspan="2">1,137</td>
<td colspan="2">1,105</td>
<td colspan="2">172</td>
<td colspan="2">1,277</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Appellate Work – Opened</td>
<td colspan="2">4,188</td>
<td colspan="2">4,871</td>
<td colspan="2">4,871</td>
<td colspan="2">0</td>
<td colspan="2">4,871</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Appellate Work – Closed **</td>
<td colspan="2">4,119</td>
<td colspan="2">4,481</td>
<td colspan="2">4,481</td>
<td colspan="2">0</td>
<td colspan="2">4,481</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Appellate Work – Pending at EOY **</td>
<td colspan="2">1,490</td>
<td colspan="2">1,808</td>
<td colspan="2">2,198</td>
<td colspan="2">390</td>
<td colspan="2">2,588</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Matters Opened</td>
<td colspan="2">897</td>
<td colspan="2">663</td>
<td colspan="2">596</td>
<td colspan="2">77</td>
<td colspan="2">673</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Matters Closed</td>
<td colspan="2">610</td>
<td colspan="2">527</td>
<td colspan="2">470</td>
<td colspan="2">36</td>
<td colspan="2">506</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Matters Pending at EOY</td>
<td colspan="2">2,026</td>
<td colspan="2">1,880</td>
<td colspan="2">1,294</td>
<td colspan="2">167</td>
<td colspan="2">1,461</td>
</tr>
<tr class="odd">
<td rowspan="2">Program Activity</td>
<td rowspan="2">2. Expert Guidance and Legal Advice</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
</tr>
<tr class="even">
<td>364</td>
<td>$50,568</td>
<td>348</td>
<td>$48,802</td>
<td>342</td>
<td>$45,505</td>
<td>7</td>
<td>$7,202</td>
<td>349</td>
<td>$52,707</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Number of Legislative and Policy Analysis Matters Completed</td>
<td colspan="2">8,995</td>
<td colspan="2">13,166</td>
<td colspan="2">11,867</td>
<td colspan="2">142</td>
<td colspan="2">12,009</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Number of Programmatic Coordination Activities</td>
<td colspan="2">1,736</td>
<td colspan="2">3,186</td>
<td colspan="2">1,542</td>
<td colspan="2">25</td>
<td colspan="2">1,567</td>
</tr>
<tr class="odd">
<td><p><strong>TYPE/</strong></p>
<p><strong>Strategic Objective</strong></p></td>
<td><strong>PERFORMANCE</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2008 Program
Changes</strong></td>
<td colspan="2"><strong>FY 2008 Request</strong></td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Number of Legal Advisory Matters Completed</td>
<td colspan="2">15,565</td>
<td colspan="2">16,799</td>
<td colspan="2">15,900</td>
<td colspan="2">266</td>
<td colspan="2">16,166</td>
</tr>
<tr class="odd">
<td>Workload</td>
<td>Number of Training Sessions/ Presentations</td>
<td colspan="2">1,227</td>
<td colspan="2">1,504</td>
<td colspan="2">2,920</td>
<td colspan="2">-320</td>
<td colspan="2">2,600</td>
</tr>
<tr class="even">
<td rowspan="2">Program Activity</td>
<td rowspan="2">3. Law Enforcement Tools</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
<td>FTE</td>
<td>$000</td>
</tr>
<tr class="odd">
<td>151</td>
<td>$24,562</td>
<td>152</td>
<td>$25,953</td>
<td>156</td>
<td>$25,546</td>
<td>1</td>
<td>$3,952</td>
<td>157</td>
<td>$29,498</td>
</tr>
<tr class="even">
<td>Workload</td>
<td>Number of Mandatory Reviews Completed</td>
<td colspan="2">24,515</td>
<td colspan="2">25,317</td>
<td colspan="2">22,671</td>
<td colspan="2">122</td>
<td colspan="2">22,793</td>
</tr>
<tr class="odd">
<td>EFFICIENCY MEASURE</td>
<td>Ratio of Administrative Costs to Program Costs</td>
<td colspan="2">69.60%</td>
<td colspan="2">70.27%</td>
<td colspan="2">69.90%</td>
<td colspan="2"></td>
<td colspan="2">69.90%</td>
</tr>
<tr class="even">
<td>OUTCOME</td>
<td>Favorably Resolve Criminal Cases</td>
<td colspan="2">90%</td>
<td colspan="2">98%</td>
<td colspan="2">90%</td>
<td colspan="2"></td>
<td colspan="2">90%</td>
</tr>
<tr class="odd">
<td>OUTCOME</td>
<td>Favorably Resolve Civil Cases</td>
<td colspan="2">80%</td>
<td colspan="2">90%</td>
<td colspan="2">80%</td>
<td colspan="2"></td>
<td colspan="2">80%</td>
</tr>
<tr class="even">
<td colspan="12"><p><strong>Data Definition, Validation, Verification,
and Limitations:</strong> <strong>Definitions: Litigation:</strong> This
program activity includes cases or investigatory matters in which the
Criminal Division has sole or shared responsibility.</p>
<p><strong>Expert Guidance &amp; Legal Advice:</strong> This program
activity includes oral and written advice and training to federal,
state, local and foreign law enforcement officials; coordination and
support of investigations, prosecutions, and programs at the national,
international and multi-district levels; and oral and written analysis
of legislation and policy issues, development of legislative proposals,
advice and briefing to Departmental and external policy makers, and
participation in inter-agency policy coordination and discussions.</p>
<p><strong>Law Enforcement Tools:</strong> This program activity
includes the work the Division does in specific areas of criminal law in
reviewing and approving the use of law enforcement tools throughout the
law enforcement community.</p>
<p><strong>Validation:</strong> In FY 2002, CRM initiated a multi-phased
workload tracking improvement initiative. To date, improvements include
definition and policy clarifications, uniform guidance and reporting,
case tracking database improvements for end user benefit, and a regular
data validation process to ensure system integrity.</p></td>
</tr>
</tbody>
</table>
<aside id="footnotes" class="footnotes footnotes-end-of-document"
role="doc-endnotes">
<hr />
<ol>
<li id="fn1"><p>The FY 2008 budget request estimate includes an one-time
$8.95 million moving/lease expiration rent ATB. This ATB will be used to
consolidate the Division from three buildings to one building. This is
only part of what the Division needs to execute building consolidation.
The ATB is not a permanent increase to the Division’s base resources.<a
href="#fnref1" class="footnote-back" role="doc-backlink">↩︎</a></p></li>
<li id="fn2"><p>In an effort to consolidate our workload measures,
effective FY 2008 budget request, the Division no longer reports
sub-categories for: Cases Opened, Cases Closed, Appellate Work-Closed,
and Appellate Work-Pending. The Division will provide the total for each
of the measures.<a href="#fnref2" class="footnote-back"
role="doc-backlink">↩︎</a></p></li>
</ol>
</aside>

  --------------- ---------------- ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------
  **PERFORMANCE                                                                                                                                         
  MEASURE TABLE**                                                                                                                                       

  **Decision                                                                                                                                            
  Unit:**                                                                                                                                               
  Enforcing                                                                                                                                             
  Federal                                                                                                                                               
  Criminal Laws                                                                                                                                         

  **Performance                    **FY 2000**  **FY 2001**  **FY 2002**  **FY 2003**  **FY 2004**  **FY 2005**  **FY 2006**               **FY         **FY 2008**
  Report and                                                                                                                               2007\***     
  Performance                                                                                                                                           
  Plan Targets**                                                                                                                                        

                                   **Actual**   **Actual**   **Actual**   **Actual**   **Actual**   **Actual**   **Target**   **Actual**   **Target**   **Target**

  **OUTCOME       Favorably        N/A          N/A          N/A          97%          94%          96%          90%          98%          90%          90%
  Measure**       Resolved                                                                                                                              
                  Criminal                                                                                                                              
                  Cases\*\*                                                                                                                             

  **OUTCOME       Favorably        N/A          N/A          N/A          100%         100%         100%         80%          90%          80%          80%
  Measure**       Resolve Civil                                                                                                                         
                  Cases\*\*                                                                                                                             

  **Efficiency    Ratio of         N/A          N/A          N/A          N/A          N/A          69.61%       69.60%       70.27%       69.90%       69.90%
  Measure**       Administrative                                                                                                                        
                  Costs to Program                                                                                                                      
                  Costs                                                                                                                                 
  --------------- ---------------- ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------

N/A = Data unavailable

\* Beginning fiscal year 2007, the workloads of the Counterterrorism and
Counterespionage Sections will no longer be included in the Criminal
Division.

\*\* Denotes inclusion in the DOJ Annual Performance Plan

3\. Performance, Resources, and Strategies

The Enforcing Federal Criminal Laws decision unit contributes to the
following Department's Strategic Goals and Objectives:

> Strategic Goal One: Prevent Terrorism and Promote the Nation's
> Security
>
> 1.1 Prevention, 1.2 Investigation/Prosecution,.1.3 Espionage
>
> Strategic Goal Two: Enforce Federal Laws and Represent the Rights and
> Interests of the American People
>
> 2.1 Violent Crime, 2.2 Drugs, 2.3 White Collar Crime, 2.4 Protect
> Vulnerable Members of Society

a\. Performance Plan and Report for Outcomes

Litigation includes complex case and investigatory matter work. Certain
litigation requires the Division's expertise for the following reasons:
involves work of national significance, requires international
coordination, has precedent setting implications, involves
cross-jurisdictional investigations, or requires intensive resource
needs due to the magnitude of the case. The Division's Performance and
Resource Table shows an expected 10% projected increase for cases closed
from FY 2007 to FY 2008. Furthermore, the Table shows a 13% projected
increase in investigatory matters opened for that same time period.

Number range CHAPTERThe Departmental long-term outcome goal for the
litigating divisions, including the Criminal Division, is the percentage
of favorably resolved criminal and civil cases in the fiscal year. The
goals are 90% for criminal cases and 80% for civil cases. In FY 2005,
the Division favorably resolved 96% of its criminal cases and 100% of
its civil cases. In FY 2006, the Division reported that it favorably
resolved 98% of its criminal cases and 90% of its civil cases. From a
performance standpoint, the Division has consistently exceeded the
Departmental long-term outcome goal for the litigating divisions.

Expert guidance and legal advice pertains to legal advisory matters,
legislative and policy analysis work, training, and programmatic
coordination. Law enforcement tools refers to the facilitation and
review of requests such as wiretaps, witness security, prisoner
transfers, extraditions, and mutual assistance. The Division's
Performance and Resource Table shows a projected increase of
approximately 1% to 2% in three of the four measures for expert guidance
and legal advice, and approximately 1% in investigatory tools from FY
2007 to FY 2008. The decrease in the number of training sessions and
presentations is attributed to an expected decrease in one of our
international training programs. Overall, the Division's performance is
commendable considering the austere climate over the past few years.

The 12 positions requested in our FY 2008 President's budget will
support the Attorney General's priority areas of reducing violent crime,
dismantling drug trafficking organizations, and ensuring that the
Internet is a safe place for all Americans.

b\. Strategies to Accomplish Outcomes

The Criminal Division's mission is to develop, enforce, and exercise
general oversight for all federal criminal laws. In fulfilling this
mission, the Division plays a central role in assisting the Department
in accomplishing its Strategic Goals. Section I (Overview) of this
budget fully discusses the Division's current strategies in assisting
the Department to obtain its outcomes for Goals One and Two, namely no
terrorist acts committed by foreign nationals against U.S. interests
within U.S. borders and favorably resolve 90% of criminal cases and 80%
of civil cases.

Our enhancement requests will enable the Division to expand our current
efforts in reducing violent crime, particularly crimes committed by
gangs; protecting our citizens from various online crimes; and reducing
the flow of illicit drugs. Each enhancement request further discusses
the Division's strategies to accomplish each of these three areas.

[Program Increases]{.underline}

**Item Name: Reducing Violent Crime and Organized Crime**

Budget Decision Unit(s): Enforcing Federal Criminal laws

Strategic Goal(s) & Objective(s): DOJ Goal II, Enforce Federal Laws and
Represent the Rights and Interests of the American People

> Strategic Objective 2.1, Reduce the threat, incidence, and prevalence
> of violent crime, including crimes against children

Organizational Program: The Criminal Division

Program Increase: Positions [2]{.underline} Atty [2]{.underline} FTE
[2]{.underline} Dollars [\$232,000]{.underline}

Description of Item

The Criminal Division requests 2 positions (2 attorneys) and \$232,000
to enhance its efforts supporting the Attorney General's priority of
reducing violent crime, especially violence perpetrated with guns or by
gangs. These additional resources are necessary to address the
ever-present trans-national and national threats to the American people
posed by violent crime. This request includes the Division's personnel
requirements for the National Gang Targeting, Enforcement, and
Coordination Center (GangTECC) and the Division's Gang Squad Unit.

Justification

Number range CHAPTERThe Criminal Division's Gang Squad is a specialized
group of federal prosecutors charged with developing and implementing
strategies to attack the most significant national and international
gangs in the United States. These prosecutors will not only prosecute
select gang cases of national importance, they will also formulate
policy, assist and coordinate with U.S. Attorneys' Offices (USAOs) on
legal issues and multi-district cases, and work with numerous domestic
and foreign law enforcement agencies to construct effective and
coordinated prevention and enforcement strategies.

GangTECC, the Department's new national anti-gang task force, is
comprised of multiple Department of Justice components and is aimed at
facilitating law enforcement strategies and operations across agency
lines. Per the Attorney General's direction, GangTECC represents a
unified federal effort to help disrupt and dismantle the most violent
gangs in the United States. GangTECC assists in initiating gang-related
investigations, coordinating gang-related investigations and
prosecutions, developing a refined understanding of the national gang
problem and proposing appropriate countermeasure strategies, and
supporting the National Gang Intelligence Center (NGIC). Number range
CHAPTERThrough the collaborative efforts of the participating agencies,
GangTECC will accomplish its mission by working closely with the
Division's Gang Squad attorneys and NGIC analysts.

Number range CHAPTERAs there is no single initiative, no single
investigative technique, no single statute, and no single preventative
measure that will always work on all gangs, the Gang Squad prosecutors,
GangTECC agents and NGIC analysts use sophisticated investigative tools,
collaborative federal, state, and local efforts, and administrative
procedures to help ensure the success of gang investigations and
prosecutions. Together all components are working to combat gangs
through enforcement, policy initiatives, training, prevention efforts,
and intelligence sharing. In fact, the joint effort has proved to be
successful. On January 10, 2007, 13 members of the street gang called La
Mara Salvatrucha, or MS-13, were indicted by a federal grand jury in the
Middle District of Tennessee on racketeering conspiracy charges. The
facts in the indictment reveal that MS-13 is a well-organized and
extremely violent criminal enterprise that regularly engages in violent
criminal activity, including murders and assaults. Agents and
prosecutors from GangTECC assisted in the case, and the case is being
prosecuted by the U.S. Attorney Office and Gang Squad attorneys.

In order for both Gang Squad and GangTECC to enhance their efforts to
support the Attorney General's priority of reducing violent crime,
additional resources are needed. Thus, for FY 2008 the Division requests
one attorney position for GangTECC and one attorney position for Gang
Squad. These two additional positions will allow for the following:

1.  [Gang Squad]{.underline}: Gang Squad, in collaboration with NGIC and
    GangTECC, has identified violent street gangs of national
    significance. At present, the current trial attorneys are actively
    pursuing national targeting, coordination, and investigation of some
    of these gangs. Additional trial attorneys will allow the remaining
    gangs on the list to also be actively targeted and pursued.

2.  [GangTECC]{.underline}: At the direction of the Deputy Attorney
    General, the Assistant Attorney General of the Criminal Division
    will be a board member of GangTECC and will select the Director for
    GangTECC. Criminal Division direction and support will be required
    to make the coordination efforts of GangTECC a success. This
    attorney will provide leadership and direction in coordinating
    investigations and interaction with operations in the field in order
    to fulfill GangTECC's anti-gang mission. The Division requests one
    attorney position to fulfill this important duty.

Number range CHAPTER

Impact on Performance (Relationship of Increases to Strategic Goals)

The Criminal Division's work to target, investigate, and prosecute
violent criminals is in direct support of DOJ Strategic Objective 2.1.

Number range CHAPTERThis enhancement request will enable the Division to
fulfill its commitments to the Department and assist in making GangTECC
a success. This enhancement request will enable the Division to reduce
violent crime, especially violence perpetrated with guns or by gangs.

# 

#  

# Funding

Base Funding

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 14%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 13%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 15%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"><p id="fy-2006-enacted-w-rescissions-and-supplementals"
class="heading"> FY 2006 Enacted w/ Rescissions and
Supplementals</p></td>
<td colspan="4"><p id="fy-2007-estimates" class="heading">FY 2007
Estimates</p></td>
<td colspan="4"><p id="fy-2008-presidents-budget-current-services"
class="heading">FY 2008 President’s Budget Current Services</p></td>
</tr>
<tr class="even">
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
</tr>
<tr class="odd">
<td>8</td>
<td>7</td>
<td>4</td>
<td>1,000</td>
<td>8</td>
<td>7</td>
<td>8</td>
<td>$1,438</td>
<td>8</td>
<td>7</td>
<td>8</td>
<td>$1,551</td>
</tr>
</tbody>
</table>

[Personnel Increase Cost Summary]{.underline}

+-----------------+-----------------+-------------+-------------------+
| Type of         | Modular Cost    | Number of   | FY 2008           |
| Position        |                 |             |                   |
|                 | per Position    | Positions   | Request (\$000)   |
|                 | (\$000)         |             |                   |
|                 |                 | Requested   |                   |
+-----------------+-----------------+-------------+-------------------+
| GS-14 Attorney  | \$116           | 2           | \$232             |
+-----------------+-----------------+-------------+-------------------+
| Total Personnel |                 | 2           | \$232             |
+-----------------+-----------------+-------------+-------------------+

Non-Personnel Increase Cost Summary

+--------------------+--------------+----------------+----------------+
| Non-Personnel Item | Unit Cost    | Quantity       | FY 2008        |
|                    |              |                | Request        |
|                    |              |                |                |
|                    |              |                | (\$000)        |
+--------------------+--------------+----------------+----------------+
|                    |              |                |                |
+--------------------+--------------+----------------+----------------+
| Total              | 0            | 0              | \$0            |
| Non-Personnel      |              |                |                |
+--------------------+--------------+----------------+----------------+

Total Request for this Item

+-----------+-----+------+-----+----------+---------+--------------+
|           | Pos | Atty | FTE | P        | Non-Pe  | Total        |
|           |     |      |     | ersonnel | rsonnel |              |
|           |     |      |     |          |         | (\$000)      |
|           |     |      |     | (\$000)  | (\$000) |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Current   | 8   | 7    | 8   | \$1,438  | \$0     | \$1,438      |
| Services  |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Increases | 2   | 2    | 2   | \$232    | \$0     | \$232        |
+-----------+-----+------+-----+----------+---------+--------------+
| Grand     | 10  | 9    | 10  | \$1,670  | \$0     | \$1,670      |
| Total     |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+

**Item Name: Protecting Citizens from Online Crime**

Budget Decision Unit(s): Enforcing Federal Criminal laws

Strategic Goal(s) & Objective(s): DOJ Goal II, Enforce Federal Laws and
Represent the Rights and Interests of the American People

> Strategic Objective 2.3, Combat White Collar Crime,
>
> Economic Crime and Cybercrime
>
> Strategic Objective 2.4, Uphold the Civil and Constitutional Rights of
> All Americans and Protect Vulnerable Members of Society

Organizational Program: The Criminal Division

Program Increase: Positions [7]{.underline} Atty [4]{.underline} FTE
[\_4\_]{.underline} Dollars [\$685,000]{.underline}

Description of Item

The Criminal Division requests 7 positions (4 attorneys) to enhance its
efforts to support the Attorney General's priority of ensuring that the
Internet is a safe place for all Americans, especially children. The
Internet has created an anonymous venue for criminals to execute their
heinous crimes. Division attorneys are at the forefront of the efforts
to bring these criminals to justice by fostering and leveraging
expertise to protect citizens from all types of online crimes. These
requested enhancements will provide necessary resources to protect
networks and protect our children online through Project Safe Childhood
(PSC).

Justification

***Protecting Our Children -- Project Safe Childhood***

The Criminal Division plays a critical role in addressing Administration
and Departmental priorities involving child sexual exploitation
(including child pornography, online enticement of children for sexual
purposes, and child sex trafficking) and obscenity. For example,
Division attorneys investigate and prosecute all aspects of the child
pornography industry, as well as online enticement, child prostitution,
and child sex tourism offenses; guide and conduct large-scale national
operations; and pursue nationwide initiatives against the use of new
technologies to sexually exploit children. The Division also assists the
93 United States Attorney Offices in investigations, trials, and appeals
related to these offenses.  In 2006, the Department charged 1,658
individuals and obtained 1,386 guilty pleas and convictions in cases
involving child abuse and pornography.

As technology advances and as the Internet becomes more accessible, the
number of computer-facilitated sexual exploitation crimes committed
against children---including child pornography offenses and "traveler"
or enticement crimes---continues to grow. This growing threat of sexual
exploitation crimes committed against children through the Internet is a
disturbing and unacceptable trend. The Division and the Department as a
whole is committed to the safety and well-being of every child and has
placed a high priority on protecting and combating the sexual
exploitation of children.

Project Safe Childhood (PSC), an initiative of Attorney General
Gonzales, is a nationwide initiative aimed at preventing the abuse and
exploitation of children through the Internet. This request will help
the Division support this critical nationwide initiative. PSC is
creating task forces in every federal judicial district around the
country that are led by the local United States Attorney. In addition to
the local United States Attorney's Office, these task forces are
comprised of Department-funded Internet Crimes Against Children (ICAC)
Task Forces, federal law enforcement agencies, and other interested
state and local law enforcement partners operating in the district. They
investigate and prosecute crimes against children facilitated through
the Internet or other electronic media and communications devices. The
Division is integral to PSC, not only in partnering with other PSC
participants to provide necessary training, but also in coordinating our
nationwide operations so that the additional resources available to
investigate leads are used to maximum advantage.

Division attorneys are recognized as experts in the legal and
technological aspects of child pornography and enticement cases; field
offices routinely contact them for advice and prosecution assistance.
The Division coordinates national policy initiatives and nationwide
investigations, which often involve hundreds or thousands of targets and
increasingly takes a leading role in pursuing such efforts. Presently,
the Division is involved in numerous nationwide child pornography
investigations.

The Division anticipates that the field's demand for its expertise and
assistance, ranging from the number of duty call inquiries it receives
to requests for experienced child exploitation prosecutors to assist in
the investigation and prosecution of individual cases, will continue to
increase. The Division needs resources to address its current workload
as well as the additional workload generated by PSC.

Crimes such as the production and distribution of child pornography,
online enticement of children, and child sex tourism are being committed
with overwhelming frequency through computers and the Internet, which
provide pedophiles with a readily available and anonymous means to
communicate regarding their shared interests. Similarly, the commercial
online distribution of obscenity is a growing threat, and often
criminals seek to keep ahead of law enforcement through their ability to
use new technology.

Consequently the Division has expanded its efforts dramatically, beyond
traditional litigation, to deter child victim and obscenity crimes
through new and effective use of technology. In FY 2003, the Division
created the High Technology Investigative Unit (HTIU), staffed with
computer forensic experts who bring special technological expertise to
bear against Internet-based child pornography and obscenity offenders.
The HTIU's mission is to anticipate new technology, understand it, and
analyze how it will be used to facilitate child exploitation crimes. The
Division's HTIU has unsurpassed expertise in understanding new
technology and identifying critical computer forensic evidence created
by the latest computer applications, enabling law enforcement to
effectively investigate child exploitation and obscenity crimes
regardless of the technology used to commit them.

These resources are essential to continue the prevention of online child
exploitation and obscenity and to make PSC a national success. No price
is too high to protect our children. The Division is requesting more
personnel to ensure that it has the ability to keep up with the
increasing amount of work that has been generated by PSC and that we
expect to be generated by PSC in the coming years.

***Protecting Networks***

The Division is the expert in network crime investigations,
traditionally providing advice to U.S. Attorneys' Offices, other
Department components, and outside agencies. The Division has taken an
increasingly active leadership role in large and novel computer crime
investigations and prosecutions, including the following:

-   The Division was a full co-counsel and provided an attorney to the
    trial team in the prosecution of Scott Levine for a massive data
    theft in Little Rock, Arkansas;

-   Division attorneys provided critical assistance to the investigation
    and prosecution of a large scale, multi-national hacking and credit
    card ring known as the Shadowcrew group. Division attorneys took the
    lead on a novel wiretap application, coordinated more than twenty
    search warrants across the United States, and coordinated searches
    and arrests of several members of the organization with foreign
    police officials; and

-   Division Attorneys are currently key members of an international law
    enforcement effort to address the growing problem of armies of
    infected computers---called botnets---used to conduct network
    attacks.

Division attorneys play an increasingly central role in these large
cases, both at their inception, before the locus of the investigation
has settled on any district, and as they grow into significant,
technically challenging, and increasingly international cases.

Both the FBI and the U.S. Secret Service (USSS) now devote significant
resources to increasing their ability to investigate cases from
headquarters. They have done this because of the increasingly
non-geographic nature of cyber threats to networks. Investigations
developing from one intrusion often spread quickly, so that within days
or hours they have acquired a national or international scope. Both FBI
and USSS have developed "fly team" capabilities that are able to depart
and assemble at the scenes of network crimes in any district and all
over the world.

Division attorneys play a crucial role in these cyber investigations
because of (1) its technical expertise in computer-related
investigations and (2) its position as a nerve center for two critical
resources (networks of U.S. federal prosecutors and networks of
international cyber investigators). For example, significant breaches of
credit card processors, data warehousers, and other financial
institutions have continued. In many -- if not most -- of these cases,
the intrusions have had overseas connections, particularly to Eastern
Europe. Both FBI and USSS have initiated important initiatives against
data thieves that will require substantial partnerships with Criminal
Division attorneys.

Since 2002, the number of computer crime cases carried by the Division
has increased by 350 percent. Between 2002 and 2006, the Intellectual
Property caseload increased more than 800 percent. At the same time,
since FY 2002, the total number of AUSAs designated as Computer Hacking
and Intellectual Property coordinators (CHIPs) has increased by 31
percent, from 177 to 233 coordinators. Also, since FY 2002, the number
of overseas training workshops led by the Division has more than
tripled. This critically important training strengthens the development
of foreign cybercrime law (still in early development) as well as
operational capacity. The U.S. cannot protect its networks from
attackers in foreign states unless foreign counterparts are legally and
technically ready. The Division receives a constant stream of
international requests not only for case assistance but for advice,
training, and, in particular, detailed critiques of other countries'
draft cyber crime laws.

The Division seeks resources to continue to protect our networks by
working with FBI, USSS, and other agencies to train domestic and
international investigators and prosecutors, and to strengthen foreign
laws to ensure they have the tools to prosecute their criminals.

[Impact on Performance (Relationship of Increases to Strategic
Goals)]{.underline}

The Criminal Division's work in this area directly supports DOJ
Strategic Objective 2.3: Combat White Collar Crime, Economic Crime and
Cyber crime, and Strategic Objective 2.4, Uphold the civil and
constitutional rights of all Americans and protect vulnerable members of
society.

Some of the impacts on performance include the following:

-   Number range CHAPTERBy greatly increasing the resources available to
    other agencies, dedicated to investigating and prosecuting child
    exploitation crimes nationwide, PSC will require Division attorneys
    to engage in additional national case coordination and to respond to
    requests for assistance from the field. This request will allow the
    Division to meet Number range CHAPTERthe requirements of the PSC.
    Given the high visibility of PSC, a failure to meet those
    requirements could reflect poorly on the initiative.

-   Number range CHAPTERWith additional personnel resources, the
    Division's HTIU will be in a better position to keep pace with new
    technology and the criminals who exploit that technology. This
    request will ensure law enforcement will stay one step ahead of the
    criminals, finding new ways to take advantage of new technology
    faster than the law can develop ways of combating them.

-   With additional resources, the Division can increase enforcement
    against botnets and other high-tech attacks against US networks. It
    can also provide more support to the growing FBI, USSS, and other
    agency teams addressing domestic and international computer
    intrusions and related investigations.

# Funding

Base Funding

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 14%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 13%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 15%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"><p
id="fy-2006-enacted-w-rescissions-and-supplementals-1" class="heading">
FY 2006 Enacted w/ Rescissions and Supplementals</p></td>
<td colspan="4"><p id="fy-2007-estimate" class="heading">FY 2007
Estimate </p></td>
<td colspan="4"><p id="fy-2008-presidents-budget-current-services-1"
class="heading">FY 2008 President’s Budget Current Services</p></td>
</tr>
<tr class="even">
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
</tr>
<tr class="odd">
<td>40</td>
<td>28</td>
<td>37</td>
<td>$6,794</td>
<td>40</td>
<td>28</td>
<td>40</td>
<td>$7,005</td>
<td>40</td>
<td>28</td>
<td>40</td>
<td>$7,578</td>
</tr>
</tbody>
</table>

[Personnel Increase Cost Summary]{.underline}

+-----------------+-----------------+-------------+-------------------+
| Type of         | Modular Cost    | Number of   | FY 2008           |
| Position        |                 |             |                   |
|                 | per Position    | Positions   | Request (\$000)   |
|                 | (\$000)         |             |                   |
|                 |                 | Requested   |                   |
+-----------------+-----------------+-------------+-------------------+
| GS-14 Attorney  | \$116           | 4           | \$466             |
+-----------------+-----------------+-------------+-------------------+
| GS-9            | \$66            | 3           | \$198             |
| Professional    |                 |             |                   |
+-----------------+-----------------+-------------+-------------------+
| Total Personnel |                 | 7           | \$664             |
+-----------------+-----------------+-------------+-------------------+

Non-Personnel Increase Cost Summary

+-----------------+----------------+-----------------+----------------+
| Non-Personnel   | Unit Cost      | Quantity        | FY 2008        |
| Item            |                |                 | Request        |
|                 |                |                 |                |
|                 |                |                 | (\$000)        |
+-----------------+----------------+-----------------+----------------+
| Extraordinary   | \$21           | 1               | \$21           |
| Travel          |                |                 |                |
+-----------------+----------------+-----------------+----------------+
| Total           | \$21           | 1               | \$21           |
| Non-Personnel   |                |                 |                |
+-----------------+----------------+-----------------+----------------+

Total Request for this Item

+-----------+-----+------+-----+----------+---------+--------------+
|           | Pos | Atty | FTE | P        | Non-Pe  | Total        |
|           |     |      |     | ersonnel | rsonnel |              |
|           |     |      |     |          |         | (\$000)      |
|           |     |      |     | (\$000)  | (\$000) |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Current   | 40  | 28   | 40  | \$7,578  | \$0     | \$7,578      |
| Services  |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Increases | 7   | 4    | 4   | \$664    | \$21    | \$685        |
+-----------+-----+------+-----+----------+---------+--------------+
| Grand     | 47  | 32   | 44  | \$8,242  | \$21    | \$8,263      |
| Total     |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+

**Item Name: Reducing the Flow of Illicit Drugs**

Budget Decision Unit(s): Enforcing Federal Criminal laws

Strategic Goal(s) & Objective(s): DOJ Goal II, Enforce Federal Laws and
Represent the Rights and Interests of the American People

> Strategic Objective 2.2, Reduce the Threat, Trafficking, Use, and
> Related Violence of Illegal Drugs

Organizational Program: The Criminal Division

Program Increase: Positions [3]{.underline} Atty [2]{.underline} FTE
[2]{.underline} Dollars [\$299,000]{.underline}

Description of Item

The Criminal Division requests 3 positions (2 attorneys) to aid in its
efforts to support the Attorney General's priority of dismantling drug
trafficking organizations and stopping the spread of illegal drugs,
especially methamphetamine. Sophisticated transnational drug trafficking
organizations are responsible for supplying the U.S. with most of its
illegal drugs and precursor chemicals for large clandestine
laboratories. These drugs and their users and dealers have destroyed
many neighborhoods and families around the world. In addition to going
after drug dealers, we need to target large suppliers to stop the flow
of drugs.

This request will aid in our efforts to take down these international
narcotic trafficking organizations and put dangerous drug dealers away
for good. The Division is requesting resources to bring transnational
drug traffickers to justice and provide timely review of critical law
enforcement tools.

Justification

***Bringing Transnational Drug Traffickers to Justice***

In order to stop these drug trafficking organizations and their
operations, we must ensure these criminals, especially their leaders,
are brought to court and are prosecuted to the fullest extent of the
law. Such prosecutions and consequent sentences will send strong signals
to other potential criminals that they cannot escape the law. Thus, it
is extremely important that the Division obtains evidence from foreign
governments and/or request foreign governments to arrest and extradite
these criminals to the U.S. to stand trial.

Number range CHAPTERThe Criminal Division's Office of International
Affairs (OIA) is the central authority for the U.S. in international
criminal cases. It is responsible for securing the return of fugitives
from abroad; obtaining foreign evidence needed in U.S. federal, state,
and local criminal investigations; and responding to extradition and
mutual legal assistance requests from foreign governments. Division
attorneys approve sensitive overseas actions by U.S. law enforcement
agencies and provide expertise to the Department's leadership, including
the Attorney General regarding treaty negotiations, multilateral and
bilateral relations, and training, briefings, and advice on
international criminal matters. The Division also plays a critical role
in establishing meaningful law enforcement relationships with new
partners in regions of critical importance to our drug enforcement
efforts (e.g., Middle East and Southeast Asia), as well as in improving
existing law enforcement relationships with existing partners.

Extradition and mutual legal assistance requests are critical tools for
law enforcement and prosecutors in bringing criminals to justice.
Without such tools, fugitives will remain at large and evidence will be
unavailable. No other entity in the U.S. government has the authority or
expertise to handle these matters. However, cNumber range
CHAPTERurrently, there are over 8,000 pending extradition and mutual
legal assistance cases in OIA. This is despite having closed more than
18,000 cases in FYs 2002-2006. In 1992, there were 2,300 pending
extradition and mutual legal assistance cases. Thus, since 1992,
caseloads have grown more than 300%**;** but attorney personnel have not
increased correspondingly. This high caseload is unmanageable and the
pressure of responding in a timely manner will negatively affect the
quality of the analysis that cases should receive.

***Providing Timely Review of Critical Law Enforcement Tools***

Investigators and prosecutors must build strong cases in order to bring
criminals who distribute, sell, and abuse drugs to justice. Number range
CHAPTERThe Criminal Division oversees, within the constraints of the law
and Department policy, the effective use of the most sophisticated
investigative tools at the Department\'s disposal, including electronic
surveillance, the Witness Security Program, authorization of witness
immunity, attorney search warrants, and media subpoenas. The Division
assists U.S. Attorneys and federal agencies in obtaining these wide
ranging tools and other investigative techniques during drug-related
investigations, playing a vital role in these investigations and in
subsequent prosecutions.

For example, the use of wiretaps allows investigators to focus their
investigations to gain admissible evidence upon the most culpable
targets. In addition, wiretap evidence can be used by investigators to
encourage the cooperation of suspects against other members of their
criminal organization. The work of attorneys in the Division assures
that evidence obtained will be able to withstand defense challenges as
to admissibility. It is imperative that the Division does this in a
timely manner. Time lost in an investigation is evidence lost.

In general, the Division's Office of Enforcement Operations (OEO) has
experienced increases in these workloads:

-   Title III electronic surveillance requests (originals and
    extensions) increased from 1,607 requests in FY 2000 to 2,692
    requests in FY 2006;

-   Reviews of witness security applications increased from 210 in FY
    2000 to 225 in FY 2006;

-   A total of 8,143 witnesses have been placed in the Witness Security
    Program since 1970; and

-   The number of attorney search warrants reviewed jumped from 36 in FY
    2000 to 38 in FY 2006.

Almost all of OEO's work directly supports federal investigations and
prosecutions nationwide by providing the necessary tools to federal
investigative agencies and the U.S. Attorneys' Offices across the
country. The Division's work is a critical part of any successful
investigation and prosecution, especially drug investigations; as more
investigations and prosecutions are being conducted, OEO's workloads
will continue increase.

Impact on Performance (Relationship of Increase to Strategic Goals)

The Criminal Division's mission of reducing the flow of illicit drugs,
particularly methamphetamine, directly supports DOJ Strategic Objective
2.2: Reduce the Threat, Trafficking, Use, and Related Violence of
Illegal Drugs.

Because extradition and mutual legal assistance requests are critical
tools for law enforcement and prosecutors in bringing criminals to
justice, it is critical that additional resources are given to OIA in
order to prevent backlogs from occurring in the an office that is vital
to DOJ's mission and the war on drugs. With additional resources, OIA
can provide timely assistance and handle current pending caseload.

Without additional resources, the Division's review of requests from the
U.S. Attorneys' Offices for Title III electronic surveillance will slow
down, due to increased demand on the proportionally fewer attorneys in
OEO who can provide the in-depth analysis of the requests required to
ensure compliance with federal rules and procedures. A backlog of Title
III requests will be created and an increasing number of investigations
will be adversely impacted because of this delay. The Division requests
additional resources to handle the projected increases in workloads.

# 

# Funding

Base Funding

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 13%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 13%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 15%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4"><p
id="fy-2006-enacted-w-rescissions-and-supplementals-2" class="heading">
FY 2006 Enacted w/ Rescissions and Supplementals</p></td>
<td colspan="4"><p id="fy-2007-estimates-1" class="heading">FY 2007
Estimates</p></td>
<td colspan="4"><p id="fy-2008-presidents-budget-current-services-2"
class="heading">FY 2008 President’s Budget Current Services</p></td>
</tr>
<tr class="even">
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
<td>Pos</td>
<td>Atty</td>
<td>FTE</td>
<td>$(000)</td>
</tr>
<tr class="odd">
<td>78</td>
<td>42</td>
<td>77</td>
<td>$13,103</td>
<td>78</td>
<td>42</td>
<td>77</td>
<td>$13,272</td>
<td>78</td>
<td>42</td>
<td>77</td>
<td>$14,123</td>
</tr>
</tbody>
</table>

[Personnel Increase Cost Summary]{.underline}

+-----------------+-----------------+-------------+-------------------+
| Type of         | Modular Cost    | Number of   | FY 2008           |
| Position        |                 |             |                   |
|                 | per Position    | Positions   | Request (\$000)   |
|                 | (\$000)         |             |                   |
|                 |                 | Requested   |                   |
+-----------------+-----------------+-------------+-------------------+
| GS-14 Attorney  | \$116           | 2           | \$233             |
+-----------------+-----------------+-------------+-------------------+
| GS-9            | \$66            | 1           | \$66              |
| Professional    |                 |             |                   |
+-----------------+-----------------+-------------+-------------------+
| Total Personnel |                 | 3           | \$299             |
+-----------------+-----------------+-------------+-------------------+

Non-Personnel Increase Cost Summary

+-----------------+----------------+-----------------+----------------+
| Non-Personnel   | Unit Cost      | Quantity        | FY 2008        |
| Item            |                |                 | Request        |
|                 |                |                 |                |
|                 |                |                 | (\$000)        |
+-----------------+----------------+-----------------+----------------+
| N/A             |                |                 |                |
+-----------------+----------------+-----------------+----------------+
| Total           | 0              | 0               | \$0            |
| Non-Personnel   |                |                 |                |
+-----------------+----------------+-----------------+----------------+

Total Request for this Item

+-----------+-----+------+-----+----------+---------+--------------+
|           | Pos | Atty | FTE | P        | Non-Pe  | Total        |
|           |     |      |     | ersonnel | rsonnel |              |
|           |     |      |     |          |         | (\$000)      |
|           |     |      |     | (\$000)  | (\$000) |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Current   | 78  | 42   | 77  | \$14,123 | \$0     | \$14,123     |
| Services  |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+
| Increases | 3   | 2    | 2   | \$299    | \$0     | \$299        |
+-----------+-----+------+-----+----------+---------+--------------+
| Grand     | 81  | 44   | 79  | \$14,422 | \$0     | \$14,422     |
| Total     |     |      |     |          |         |              |
+-----------+-----+------+-----+----------+---------+--------------+

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

Number range CHAPTERThe Criminal Division was assessed through the
Office of Management and Budget's (OMB) Program Assessment Rating Tool
(PART) along with five other litigating components---Antitrust, Civil,
Civil Rights, Environment and Natural Resources, and Tax Divisions. At
the end of the assessment, OMB found that the Program:

-   Effectively achieves its goal of resolving cases in favor of the
    government;

-   Collaborates effectively with its partners, notably the US Attorneys
    Offices; and

-   Exhibits good management practices, including

    -   Strong financial management;

    -   Collecting and using performance information to make decisions;
        and

    -   Holding managers accountable for program performance.

To further improve the Program, OMB recommends the following three
follow-up actions:

-   Implementing a plan to conduct an independent evaluation;

-   Establishing a leadership training and mentoring program to continue
    improving the quality of program management; and,

-   Working with the Department\'s Chief Information Officer to evaluate
    and purchase litigation software that will improve productivity and
    efficiency.

The Division has started implementing these recommendations. In FY 2006,
the Department\'s Justice Management Division (JMD) offered a proposal
to the Management and Planning Staff (MPS) and the Office of the
Inspector General (OIG) to perform an independent evaluation of the GLA
components (GLAs). The proposal recommended that MPS perform initial
background interviews in a manner consistent with OIG yellow book
regulations. MPS would later hand off their preliminary research to OIG
to review and offer their findings and recommendations. However, OIG was
unable to include the GLA evaluation in their FY 2007 docket, and as a
result, JMD and the GLAs are currently exploring other options to meet
the PART follow-up action of \"Performing an independent evaluation of
the GLAs.\" The Division's training center has developed a comprehensive
leadership and management training plan for implementation during FY
2007. The Division has selected vendors to provide these training
courses and in fact, two of these courses were already held in October
and November. Other training courses will be presented this year. The
Division's employees can also take training courses offered through the
Department's Justice Virtual University.

Finally, the Division was an active participant in the Department's
Litigation Case Management System (LCMS) procurement process. The
Department plans to implement a unified litigating case management
system for all litigating components and the contract was awarded to
Computer Science Corporation (CSC) in 2006. The Criminal Division
continues to participate in CSC's system and analysis reviews to ensure
CSC has the detailed requirements needed to develop a system that will
meet the needs of the Criminal Division and the Department.

[^1]: The FY 2008 budget request estimate includes an one-time \$8.95
    million moving/lease expiration rent ATB. This ATB will be used to
    consolidate the Division from three buildings to one building. This
    is only part of what the Division needs to execute building
    consolidation. The ATB is not a permanent increase to the Divisions
    base resources.