**FY 2009**

**PERFORMANCE BUDGET**

**Congressional Submission**

![](media/image1.png)

**NATIONAL SECURITY DIVISION**

**U.S. Department of Justice**

Table of Contents

I.  **Overview** **1**

II. **Summary of Program Changes - (Not Applicable)**

III. **Appropriations Language and Analysis of Appropriations Language
     4**

IV. **Decision Unit Justification 5**

    A.  National Security Division

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1.  Program Description **5**

2.  Performance Tables **7**

3.  Performance, Resources, and Strategies **10**

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V.  **E-Gov Initiatives 15**

VI. **Exhibits**

> A. Organizational Chart
>
> B. Summary of Requirements
>
> C. Program Increases/Offsets by Decision Unit -- (Not Applicable)
>
> D. Resources by DOJ Strategic Goal and Strategic Objective
>
> E. Justification for Base Adjustments
>
> F. Crosswalk of 2007 Availability
>
> G. Crosswalk of 2008 Availability
>
> H. Summary of Reimbursable Resources - (Not Applicable)
>
> I. Detail of Permanent Positions by Category
>
> J. Financial Analysis of Program Changes -- (Not Applicable)
>
> K. Summary of Requirements by Grade
>
> L. Summary of Requirements by Object Class
>
> M. Status of Congressionally Requested Studies, Reports, and
> Evaluations -- (Not Applicable)

**I. Overview for the National Security Division**

**A. Introduction**

For FY 2009, the National Security Division (NSD) requests a total of
346 permanent positions (236 attorneys), 346 FTE, and \$83,789,000 to
combat terrorism and protect national security. This request represents
a total increase of \$10,416,000 and 38 FTE for adjustments-to-base.

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/2009justification/]{.underline}**](http://www.usdoj.gov/jmd/2009justification/).

**B. Background**

The mission of the NSD of the Department of Justice (DOJ) is to carry
out the Department=s highest priority: to combat terrorism and other
threats to national security. The NSD, which consolidates the
Department=s primary national security elements within a single
Division, currently consists of the Office of Intelligence (OI); the
Counterterrorism Section (CTS) and Counterespionage Section (CES); and a
new Law and Policy Office. This organizational structure ensures greater
coordination and unity of purpose between prosecutors and law
enforcement agencies, on the one hand, and intelligence attorneys and
the Intelligence Community, on the other, thus strengthening the
effectiveness of the Department=s national security efforts.

The Division is led by an Assistant Attorney General and supported by
three Deputy Assistant Attorneys General, who oversee the Division=s
three components. The Division=s major responsibilities include:

*Intelligence Operations and Coordination*:

-   Represent the United States before the Foreign Intelligence
    Surveillance Court to obtain authorization under the Foreign
    Intelligence Surveillance Act of 1978 (FISA) for the United States
    government to conduct intelligence surveillance activities, such as
    electronic surveillance, physical searches, and pen registers and
    trap and trace devices;

-   Obtain Attorney General authorization for the United States
    government to conduct intelligence activities in accordance with the
    provisions of Executive Order No. 12333, the Executive Order
    governing the intelligence activities of the United States;

-   Coordinate and oversee intelligence-related litigation matters,
    including evaluating and reviewing requests to use information
    collected under FISA in criminal and non-criminal proceedings and to
    disseminate FISA information; and

-   Serve, through the Assistant Attorney General for National Security,
    as the Department=s primary liaison to the Director of National
    Intelligence.

*Counterterrorism*:

-   Promote and oversee a coordinated national counterterrorism
    enforcement program, including the investigation and prosecution of
    international and domestic terrorism cases;

-   Share information and trouble-shoot issues with prosecutors
    nationwide on terrorism matters, cases, and threat information, and
    establish and maintain an essential communication network between
    the Department of Justice and United States Attorneys Offices for
    the rapid transmission of information on terrorism threats and
    investigative activity;

-   Share information and trouble-shoot issues with international
    prosecutors, agents, and investigating magistrates to assist in
    addressing international threat information and litigation
    initiatives;

-   Provide training to prosecutors and investigators on cutting-edge
    tactics, substantive law, and relevant policies and procedures; and

-   Ensure that the investigation and prosecution of terrorist attacks
    against American citizens overseas remain a high priority within the
    Department of Justice.

*Counterespionage*:

-   Supervise the investigation and prosecution of cases involving
    national security, foreign relations, and the export of military and
    strategic commodities and technology;

-   Coordinate cases involving the application of the Classified
    Information Procedures Act (CIPA); and

-   Enforce the Foreign Agents Registration Act of 1938 (FARA) and
    related disclosure statutes.

*Oversight*:

-   Oversee foreign intelligence, counterintelligence, and other
    national security activities to ensure rigorous obedience to the
    Constitution of the United States and the vigorous protection of
    individual privacy and civil liberties;

-   Monitor the intelligence and counterintelligence activities of the
    Federal Bureau of Investigation (FBI) to ensure conformity with
    applicable laws and regulations, FISA Court orders, and Department
    procedures, including the Attorney General=s Guidelines for FBI
    National Security Investigations and Foreign Intelligence
    Collection;

-   Oversee national security-related activities to determine their
    consistency with relevant policies and law; and

-   Prepare reports on domestic and foreign intelligence and
    counterintelligence activities, and that relate to trends or changes
    in these activities.

*Law and Policy*:

-   Oversee the development, coordination, and implementation, in
    conjunction with other components of the Department as appropriate,
    of policies with regard to intelligence, counterintelligence,
    counterterrorism, and national security matters;

-   Provide legal assistance and advice, in coordination with the Office
    of Legal Counsel as appropriate, to Government agencies on matters
    of national security law and policy;

-   Provide advice regarding classification of national security
    information;

-   Produce monographs and other guidance on the interpretation and
    application of new terrorism statutes, regulations, and policies;

-   Serve as the Department=s representative on interdepartmental
    boards, committees, and other groups dealing with issues related to
    national security; and

-   Advise the Attorney General, Congress, the Office of Management and
    Budget, and the White House on all areas of national security law.

**C. Full Program Costs**

The National Security Division has a single decision unit. Program
activities include intelligence, counterterrorism and counterespionage
which are related to Strategic Goal 1, Prevent Terrorism and Promote the
Nation=s Security, and three of its four Objectives. The costs by
program activity include the base funding plus an allocation of the
management and administration and the Law and Policy costs. The
methodology used to allocate the overhead costs is based on the
percentage of the total cost of the three program activities. These
percentages are used to allocate the overhead costs.

**D. Performance Challenges**

The top priority for the Department is to protect the nation from
terrorist attacks while ensuring citizens= civil liberties are
protected. NSD will have a dedicated Oversight Section to ensure that
national security investigations are conducted in a manner consistent
with the nation=s laws, regulations, and policies, including those
designed to protect the privacy interests and civil liberties of U.S.
citizens. This means NSD must broaden the scope of its national security
oversight well beyond the Department=s traditional oversight role, which
was primarily focused on the FBI=s use of FISA authorities. For the
first time, Justice Department attorneys will have the clear mandate to
examine all aspects of the FBI=s national security program for
compliance with laws, regulations, and policies.

The sharply increased workload in OI brought by the demonstrated
effectiveness of FISA surveillance and searches to prevent terrorist
activity and the resulting increased number of requests for collection
authority brought challenges to keep up with adequate attorney staffing
and support personnel. To be adequately prepared to staff Department
initiatives to fight terror, the Department needs to find ways to
streamline and speed up the security clearance process so that new hires
can be more quickly brought into the Department and to invest resources
in clearing additional attorneys already in the Department who can be
drawn on in an emergency to assist in investigative or prosecutorial
activity related to terrorism.

**II. Summary of Program Changes - (Not Applicable)**

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

**Appropriations Language**

SALARIES AND EXPENSES, NATIONAL SECURITY DIVISION

For expenses necessary to carry out the activities of the National
Security Division, \[\$73,373,000\] *[\$83,789,000]{.underline}* ; of
which not to exceed \$5,000,000 for information technology systems shall
remain available until expended: Provided, That notwithstanding any
other provision of law, upon a determination by the Attorney General
that emergent circumstances require additional funding for activities of
the National Security Division, the Attorney General may transfer such
amounts to \`Salaries and Expenses, National Security Division\' from
available appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.

**Analysis of Appropriations Language**

No substantive changes proposed.

**IV. Decision Unit Justification**

**National Security Division**

  -------------------------------------- ---------- ---------- -----------
  **NATIONAL SECURITY DIVISION**         Perm. Pos. FTE        Amount

  2007 Enacted                           294        272        \$66,970

  2007 Supplemental                      0          0          1,736

  2007 Enacted w/Supplemental            294        272        68,706

  2008 Enacted                           346        308        \$73,373

  Adjustments to Base                    0          38         10,416

  2009 Current Services                  346        346        83,789

  2009 Program Increases                 0          0          0

  2009 Request                           346        346        83,789

  Total Change 2008-2009                 0          38         \$10,416
  -------------------------------------- ---------- ---------- -----------

**1. Program Description**

The Division is responsible for assisting the Attorney General and other
senior Department and Executive Branch officials in ensuring that the
national security-related activities of the United States are consistent
with relevant law; overseeing terrorism investigations and prosecutions;
and handling counterespionage cases and matters. As such, the Division
supports the DOJ Strategic Plan in the areas of intelligence,
counterterrorism, and counterespionage.

In coordination with the FBI, the Intelligence Community, and the U.S.
Attorneys Offices, the Division=s primary operational functions are to
prevent acts of terrorism and espionage from being perpetrated in the
United States by foreign powers and to facilitate the collection of
counterintelligence regarding foreign agents and powers. The Division
advises the Attorney General on all matters relating to the national
security activities of the United States. The Division administers the
U.S. Government=s national security program for conducting electronic
surveillance and physical search of foreign powers and agents of foreign
powers pursuant to the Foreign Intelligence Surveillance Act of 1978
(FISA) and conducts oversight of the FBI=s foreign intelligence and
counterintelligence investigations pursuant to the Attorney General=s
guidelines for such investigations.

The Division prepares and files all applications for electronic
surveillance and physical search under FISA, represents the government
before the Foreign Intelligence Surveillance Court, and when evidence
obtained under FISA is proposed to be used in a criminal proceeding, the
Division obtains the necessary authorization for the Attorney General to
take appropriate actions to safeguard national security. The Division
assists government agencies by providing legal advice on matters of
national security law and policy, participates in the development of
legal aspects of national security and intelligence policy, and
represents the DOJ on a variety of interagency committees such as the
National Counterintelligence Policy Board. The Division comments on and
coordinates other agencies= views regarding proposed legislation
affecting intelligence matters. The Division serves as adviser to the
Attorney General and various client agencies, including the Central
Intelligence Agency, the FBI, and the Defense and State Departments,
concerning questions of law, regulation, and guidelines as well as the
legality of domestic and overseas intelligence operations. The Division
also maintains liaison with the Senate Select Committee on Intelligence
and the House Permanent Select Committee on Intelligence to ensure they
are apprised of Departmental views on national security and intelligence
policy and are appropriately informed regarding operational intelligence
and counterintelligence activities.

The Division also serves as the Department's representative on the
Committee on Foreign Investment in the United States (CFIUS) which
reviews foreign acquisitions of domestic entities affecting national
security and makes recommendations to the President on whether such
transactions should be allowed to proceed, or if they have already
occurred, should they be undone. In this role, the Division evaluates
information relating to the structure of the transaction, any foreign
government ownership or control, threat assessments provided by the
United States Intelligence Community, vulnerabilities resulting from the
transaction, and ultimately the national security risks, if any, of
allowing the transaction to proceed as proposed or subject to any
conditions that maybe necessary. In addition, the Division tracks and
monitors certain transactions which have been approved subject to
mitigation agreements, as well as broadly exercising vigilance in order
to identify unreported transactions which require review. On behalf of
the Department, the Division also responds to Federal Communication
Commission (FCC) requests for Executive Branch determinations relating
to the national security implications of certain transactions relating
to FCC licenses. The Division reviews such license applications to
determine if a proposed communication provider's foreign ownership,
control or influence poses a risk to national security, infrastructure
protection, law enforcement interests, or other public safety concerns
sufficient to merit the imposition of mitigating measures or opposition
to the transaction.

The Office of Justice for Victims of Overseas Terrorism (OVT) was
established as required by Section 126 of the Department of Justice
Appropriations Act of 2005. OVT originally operated out of the Criminal
Division before being transferred to the National Security Division in
September 2006. This Office will "ensure that the investigation and
prosecution of \[terrorist\] deaths of American citizens overseas are a
high priority within the Department of Justice." Among other things, OVT
is responsible for monitoring and overseeing the investigation and
prosecution of terrorist attacks against Americans abroad and
establishing a Joint Task Force with the Department of State in the
event of a terrorist incident against Americans overseas. American
victims of terrorist attacks overseas are entitled to the same rights as
victims of crimes in the U.S. Many of these victims, and their
congressional supporters, have been particularly vocal about their
concerns relating to U.S. prosecutions of the terrorists implicated in
these overseas attacks.

2.  **Performance Tables**

<table>
<colgroup>
<col style="width: 8%" />
<col style="width: 23%" />
<col style="width: 4%" />
<col style="width: 6%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 4%" />
<col style="width: 9%" />
<col style="width: 0%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="13"><strong>PERFORMANCE AND RESOURCES TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="8"><strong>Decision Unit: National Security
Division</strong></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="13"><strong>DOJ Strategic Goal/Objectives:</strong> 1.1
Prevent, disrupt, and defeat terrorist operations before they occur; 1.3
Prosecute those who have committed, or intended to commit, terrorist
acts in the United States; and 1.4 Combat espionage against the United
States.</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="3"></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"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="3"><strong>FY 2008 Enacted</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2009 Program
Changes</strong></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="even">
<td colspan="2">Cases Open*</td>
<td colspan="2">92</td>
<td colspan="2">85</td>
<td colspan="3">90</td>
<td colspan="2">-</td>
<td colspan="2">110</td>
</tr>
<tr class="odd">
<td colspan="2">Cases Closed*</td>
<td colspan="2">80</td>
<td colspan="2">79</td>
<td colspan="3">105</td>
<td colspan="2">-</td>
<td colspan="2">112</td>
</tr>
<tr class="even">
<td colspan="2">Matters Opened*</td>
<td colspan="2">370</td>
<td colspan="2">13,150</td>
<td colspan="3">13,754</td>
<td colspan="2">-</td>
<td colspan="2">14,451</td>
</tr>
<tr class="odd">
<td colspan="2">Matters Closed*</td>
<td colspan="2">142</td>
<td colspan="2">12,016</td>
<td colspan="3">12,506</td>
<td colspan="2">-</td>
<td colspan="2">13,155</td>
</tr>
<tr class="even">
<td colspan="2">FISA Applications Filed**</td>
<td colspan="2">CY 2007: 2,285**</td>
<td colspan="2">Not available until 2009</td>
<td colspan="3">CY 2008: 2,399**</td>
<td colspan="2"></td>
<td colspan="2">CY 2009: 2,519**</td>
</tr>
<tr class="odd">
<td colspan="2">National Security Reviews of Foreign Acquisitions*</td>
<td colspan="2">CY 2007: 210***</td>
<td colspan="2">CY 2007: 190</td>
<td colspan="3">CY 2008: 210</td>
<td colspan="2">20</td>
<td colspan="2">CY 2009: 230</td>
</tr>
<tr class="even">
<td colspan="2" rowspan="2"><strong>Resources</strong></td>
<td rowspan="2"><strong>FTE</strong></td>
<td rowspan="2"><strong>Amount</strong></td>
<td rowspan="2"><strong>FTE</strong></td>
<td rowspan="2"><strong>Amount</strong></td>
<td rowspan="2"><strong>FTE</strong></td>
<td colspan="2" rowspan="2"><strong>Amount</strong></td>
<td rowspan="2"><strong>FTE</strong></td>
<td rowspan="2"><strong>Amount</strong></td>
<td rowspan="2"><strong>FTE</strong></td>
<td rowspan="2"><strong>Amount</strong></td>
</tr>
<tr class="odd">
</tr>
<tr class="even">
<td colspan="2"><strong>Total Cost and FTE</strong></td>
<td>272</td>
<td>68,706</td>
<td></td>
<td></td>
<td>308</td>
<td colspan="2">73,373</td>
<td>38</td>
<td>10,416</td>
<td>346</td>
<td>83,789</td>
</tr>
<tr class="odd">
<td colspan="2">Reimbursable FTE are included but reimbursable costs are
bracketed and not included in totals</td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="3"><p><strong>FY 2008</strong></p>
<p><strong>Enacted</strong></p></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2009 Program
Changes**</strong></td>
<td colspan="2"><strong>FY 2009 Request**</strong></td>
</tr>
<tr class="even">
<td rowspan="2"><strong>Program Activity</strong></td>
<td rowspan="2"><strong>Intelligence</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td colspan="2"><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
</tr>
<tr class="odd">
<td>185</td>
<td>49,021</td>
<td></td>
<td></td>
<td>209</td>
<td colspan="2">52,095</td>
<td>26</td>
<td>7,395</td>
<td>235</td>
<td>59,490</td>
</tr>
<tr class="even">
<td><p>Output</p>
<p>New Measure</p></td>
<td>FISA minimization reviews****</td>
<td colspan="2">N/A</td>
<td colspan="2">CY 2007: 34</td>
<td colspan="3">CY 2008: 29</td>
<td colspan="2">-</td>
<td colspan="2">CY 2009: 29</td>
</tr>
<tr class="odd">
<td><p>Output</p>
<p>New Measure</p></td>
<td>National Security Reviews</td>
<td colspan="2">N/A</td>
<td colspan="2">CY 2007: 15</td>
<td colspan="3">CY 2008: 18</td>
<td colspan="2">-</td>
<td colspan="2">CY 2009: 18</td>
</tr>
<tr class="even">
<td>Efficiency</td>
<td>Percentage of FISA Emergency Applications processed within 72
hours</td>
<td colspan="2">CY 2007: 100%</td>
<td colspan="2">CY 2007: 100%</td>
<td colspan="3">CY 2008: 100%</td>
<td colspan="2">-</td>
<td colspan="2">CY 2009: 100%</td>
</tr>
</tbody>
</table>

\*Workload measures are not performance targets; rather they are
estimates to be used for resource planning.

\*\* FISA Application data are based on historical averages and do not
represent actual data which remains classified for two years.

\*\*\* Team Telecom responsibilities were assumed from Criminal Division
as of October 1, 2007. The FY 2007 number does not include any Team
Telecom reviews and is therefore lower than FY 2008 and FY 2009
Requirements.

\*\*\*\* New minimization procedures were rolled out on October 1, 2007
that require the minimization reviews to be more resource intensive and
therefore more labor hours will be spent on each review. As a result,
fewer reviews are expected to be completed in FY 2008 and FY 2009 than
in FY 2007.

<table style="width:100%;">
<colgroup>
<col style="width: 9%" />
<col style="width: 22%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 10%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>PERFORMANCE AND RESOURCES TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Decision Unit: National Security
Division</strong></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="12"><p><strong>DOJ Strategic Goal/Objectives:</strong> 1.1
Prevent, disrupt, and defeat terrorist operations before they occur; 1.3
Prosecute those who have committed, or intended to commit, terrorist
acts</p>
<p>in the United States; and 1.4 Combat espionage against the United
States.</p></td>
</tr>
<tr class="even">
<td rowspan="2"><strong>TYPE/ STRATEGIC OBJECTIVE</strong></td>
<td rowspan="2"><strong>PERFORMANCE</strong></td>
<td colspan="2"><strong>Final Target</strong></td>
<td colspan="2"><strong>Actual</strong></td>
<td colspan="2"></td>
<td colspan="2"><strong>Changes</strong></td>
<td colspan="2"><strong>Requested (Total)</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2008 Enacted</strong></td>
<td colspan="2"><strong>Current Services Adjustments and FY 2009 Program
Changes**</strong></td>
<td colspan="2"><strong>FY 2009 Request**</strong></td>
</tr>
<tr class="even">
<td rowspan="2"><strong>Program Activity</strong></td>
<td rowspan="2"><strong>Counterespionage</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
</tr>
<tr class="odd">
<td>27</td>
<td>5,276</td>
<td></td>
<td></td>
<td>31</td>
<td>5,870</td>
<td>4</td>
<td>833</td>
<td>35</td>
<td>6,703</td>
</tr>
<tr class="even">
<td>Output</td>
<td>FARA inspections completed</td>
<td colspan="2">0</td>
<td colspan="2">0</td>
<td colspan="2">5</td>
<td colspan="2">3</td>
<td colspan="2">8</td>
</tr>
<tr class="odd">
<td><p>Output</p>
<p>New Measure</p></td>
<td>Mitigation monitoring actions completed</td>
<td colspan="2">Calendar Year (CY) 2007: 5</td>
<td colspan="2">CY 2007: 13</td>
<td colspan="2">CY 2008: 15</td>
<td colspan="2">5</td>
<td colspan="2">CY2009: 20</td>
</tr>
<tr class="even">
<td><p>Outcome</p>
<p>New Measure</p></td>
<td>Percentage of CE cases where classified information is safeguarded
(according to CIPA requirements) without impacting the judicial
process</td>
<td colspan="2">N/A</td>
<td colspan="2">N/A</td>
<td colspan="2">99%</td>
<td colspan="2">-</td>
<td colspan="2">99%</td>
</tr>
<tr class="odd">
<td>Outcome</td>
<td>Percentage of CE cases favorable resolved</td>
<td colspan="2">90%</td>
<td colspan="2">96%</td>
<td colspan="2">90%</td>
<td colspan="2">-</td>
<td colspan="2">90%</td>
</tr>
<tr class="even">
<td rowspan="2"><strong>Program Activity</strong></td>
<td rowspan="2"><strong>Counterterrorism</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
<td><strong>FTE</strong></td>
<td><strong>Amount</strong></td>
</tr>
<tr class="odd">
<td>60</td>
<td>14,409</td>
<td></td>
<td></td>
<td>68</td>
<td>15,408</td>
<td>8</td>
<td>2, 188</td>
<td>76</td>
<td>17,596</td>
</tr>
<tr class="even">
<td><p>Output</p>
<p>New Measure</p></td>
<td>Percentage of international training needs met</td>
<td colspan="2">N/A</td>
<td colspan="2">79% (27 of 34)</td>
<td colspan="2">80% (40 of 50)</td>
<td colspan="2">3% (10 of 10)</td>
<td colspan="2">83% (50 of 60)</td>
</tr>
<tr class="odd">
<td><p>Outcome</p>
<p>New Measure</p></td>
<td>Percentage of CT cases where classified information is safeguarded
(according to CIPA requirements) without impacting the judicial
process</td>
<td colspan="2">N/A</td>
<td colspan="2">N/A</td>
<td colspan="2">99%</td>
<td colspan="2">-</td>
<td colspan="2">99%</td>
</tr>
<tr class="even">
<td>Outcome</td>
<td><p>Percentage of CT cases favorably</p>
<p>resolved</p></td>
<td colspan="2">N/A</td>
<td colspan="2">98%</td>
<td colspan="2">90%</td>
<td colspan="2">-</td>
<td colspan="2">90%</td>
</tr>
</tbody>
</table>

<table style="width:100%;">
<colgroup>
<col style="width: 9%" />
<col style="width: 20%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>PERFORMANCE MEASURE TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Decision Unit:</strong> National Security
Division</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2" rowspan="2"><strong>Performance Report and Performance
Plan Targets</strong></td>
<td><strong>FY 2001</strong></td>
<td><strong>FY 2002</strong></td>
<td><strong>FY 2003</strong></td>
<td><strong>FY 2004</strong></td>
<td><strong>FY 2005</strong></td>
<td><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td><strong>FY 2008</strong></td>
<td><strong>FY 2009**</strong></td>
</tr>
<tr class="even">
<td><strong>Actual</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Target</strong></td>
<td><strong>Actual</strong></td>
<td><strong>Target</strong></td>
<td><strong>Target</strong></td>
</tr>
<tr class="odd">
<td><strong>Performance Measure</strong></td>
<td>FISA minimization reviews</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>CY 2007: 34</td>
<td><p>CY 2008:</p>
<p>29</p></td>
<td><p>CY 2009:</p>
<p>29</p></td>
</tr>
<tr class="even">
<td><strong>Performance Measure</strong></td>
<td>National Security Reviews</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td><p>CY 2007:</p>
<p>15</p></td>
<td><p>CY 2008:</p>
<p>18</p></td>
<td><p>CY 2009:</p>
<p>18</p></td>
</tr>
<tr class="odd">
<td><strong>Efficiency Measure</strong></td>
<td>Percentage of FISA Emergency Applications processed within 72
hours</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
<td>100%</td>
</tr>
<tr class="even">
<td><strong>Performance Measure</strong></td>
<td>Percentage of international training requests met</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td><p>79%</p>
<p>(27 of 34)</p></td>
<td><p>80%</p>
<p>(40 of 50)</p></td>
<td><p>83%</p>
<p>(50 of 60)</p></td>
</tr>
<tr class="odd">
<td><strong>Outcome Measure</strong></td>
<td>Percentage of CT cases where classified information is safeguarded
(according to CIPA requirements) without impacting the judicial
process</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>99%</td>
<td>99%</td>
</tr>
<tr class="even">
<td><strong>Outcome Measure</strong></td>
<td>Percentage of CT cases favorable resolved</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>90%</td>
<td>98%</td>
<td>90%</td>
<td>90%</td>
</tr>
<tr class="odd">
<td><strong>Performance Measure</strong></td>
<td><p>FARA inspections completed</p>
<p>(New measure)</p></td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>0</td>
<td>5</td>
<td>8</td>
</tr>
<tr class="even">
<td><strong>Performance Measure</strong></td>
<td>Mitigation monitoring actions completed (New measure)</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td><p>CY 2007:</p>
<p>5</p></td>
<td><p>CY 2007:</p>
<p>13</p></td>
<td><p>CY 2008:</p>
<p>15</p></td>
<td><p>CY 2009:</p>
<p>20</p></td>
</tr>
<tr class="odd">
<td><strong>Outcome Measure</strong></td>
<td>Percentage of CE cases where classified information is safeguarded
(according to CIPA requirements) without impacting the judicial
process</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>99%</td>
<td>99%</td>
</tr>
<tr class="even">
<td><strong>Outcome Measure</strong></td>
<td>Percentage of CE cases favorable resolved</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>N/A</td>
<td>90%</td>
<td>96%</td>
<td>90%</td>
<td>90%</td>
</tr>
</tbody>
</table>

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

For performance reporting purposes, resources for the Division are
included under DOJ Strategic Goal 1: Prevent Terrorism and Promote the
Nation=s Security. Within this Goal, the NSD resources address three of
the Objectives: 1.1 Prevent, disrupt, and defeat terrorist operations
before they occur; 1.3 Prosecute those who have committed, or intend to
commit, terrorist acts in the United States; and 1.4 Combat espionage
against the United States. Based on these three objectives, performance
resources are allocated to three program activities: Intelligence,
Counterterrorism, and Counterespionage.

**a. Performance Plan and Report (by Program Activity)**

> **[Intelligence Performance Report]{.underline}**
>
> ![](media/image2.wmf)**Measure: FISA Minimizations Reviews**
>
> **CY 2007 Target:** N/A - New Measure
>
> **CY 2007 Actual:** 34\*
>
> **Discussion:** FISA Minimization Reviews totaled 34 in FY 2007.

\*New minimization procedures were rolled out on October 1, 2007 that
require the minimization reviews to be more resource intensive and
therefore more labor hours will be spent on each review. As a result,
fewer reviews are expected to be completed in FY 2008 and FY 2009 than
in FY 2007.

**Data Definition:** [FISA Minimization/Accuracy Reviews]{.underline}:
An oversight process by which NSD attorneys analyze FBI cases to assess
whether results of Foreign Intelligence Surveillance Court
(FISC)-authorized electronic surveillance and physical search have been
minimized in accordance with the minimization procedures set forth in
FISC orders. In addition, NSD attorneys conduct a line-by-line review of
certain applications presented to the FISC to ensure that the FBI
possesses supporting documentation for each case-specific fact asserted
therein; thereby maintaining the integrity of the applications presented
to the FISC and the FISC\'s confidence in the information presented to
it by the Government.

**Data Collection and Storage:** The information collected during each
review is compiled into a minimization trip report, which is then
provided to FBI, OGC, and the FBI field office reviewed.

**Data Validation and Verification:** Minimization reports are reviewed
by NSD management before being released.

**Data Limitations:** None identified at this time.

> **Measure: National Security Reviews**
>
> ![](media/image3.wmf)**CY 2007 Target:** N/A - New Measure
>
> **CY 2007 Actual:** 15
>
> **Discussion:** 15 National Security Reviews were conducted in FY
> 2007.

**Data Definition**: [National Security Review (NSR):]{.underline} An
oversight process designed to ensure that FBI national security
investigations are conducted in accordance with the Constitution,
statutes, the AG Guidelines and internal FBI policy directives. The NSRs
enable the DOJ to identify recurring issues and recommend and effect
changes where necessary.

**Data Collection and Storage:** The information collected during each
review is compiled into a report, which is then presented to the FBI.

**Data Validation and Verification:** NSR reports are reviewed by NSD
management before being released.

**Data Limitations:** None identified at this time.

![](media/image4.wmf)

> **Measure:** **Percentage of FISA Emergency Applications Processed
> Within 72 Hours**
>
> **CY 2007 Target:** 100%
>
> **CY 2007 Actual:** 100%
>
> **Discussion:** Despite the demand on limited resources, NSD was able
> to achieve the target.

**Data Definition**: Percentage of applications prepared and filed
within 72 hours of an emergency authorization by the Attorney General
pursuant to the statutory requirements of the Foreign Intelligence
Surveillance Act.

**Data Collection and Storage:** Data for FISA Emergence Applications
Processed within 72 hours is provided by OI attorneys and maintained in
the case tracking system, Case Tracking, ITKS.

**Data Validation and Verification:** Critical Incident Management Unit
Staff reviews the data on a daily basis.

**Data Limitations:** None identified at this time.

> **[Counterespionage (CE) Performance Report]{.underline}**
>
> ![](media/image5.wmf)**Measure:** **Targeted FARA Inspections
> Completed**
>
> **FY 2007 Target:** N/A - New Measure
>
> **FY 2007 Actual:** 0
>
> **Discussion:** No inspections were scheduled in FY 2007.

**Data Definition**: Targeted FARA Inspections are usually targeted
based on potential non-compliance issues. Inspections are just one tool
used by the Unit to bring registrants into compliance with FARA.

**Data Collection and Storage:** Inspections reports are prepared by
FARA Unit personnel and stored in manual files.

**Data Validation and Verification:** Inspections reports are reviewed
by the FARA Unit Chief.

**Data Limitations:** None identified at this time

**Measure:** **Mitigation Monitoring Actions Completed**

> ![](media/image6.wmf)**Calendar Year (CY) 2007 Target:** N/A - New
> Measure
>
> **CY 2007 Actual:** 13
>
> **Discussion:** Target was exceeded.

**Data Definition**: A **[Mitigation Monitoring Action]{.underline}**
includes full site visits as well as other methods of monitoring to
ensure compliance with mitigation agreements to which DOJ and/or FBI is
a party. Mitigation monitoring traditionally covers CFIUS requirements
but is expected to expand to include mitigation requirements generated
via DOJ application reviews of foreign acquisitions impacting FCC
licensing matters.

**Data Collection and Storage:** Data is collected manually and stored
in generic files; however, the program manager is reviewing the
possibility of utilizing a modified automated tracking system.

**Data Validation and Verification:** Data is validated and verified by
the program manager.

**Data Limitations:** While data accuracy is not a concern, given the
expanding nature of the program area -- a more centralized data system
is desired.

> ![](media/image7.wmf)
>
> **Measure**: **Percentage of CE Cases Where Classified Information is
> Safeguarded (according to CIPA requirements) Without Impacting the
> Judicial Process**
>
> **FY 2007 Target:** N/A - New Measure
>
> **FY 2007 Actual:** N/A - New Measure
>
> **Discussion:** N/A - New Measure

**Data Definition**: [Classified information]{.underline} - information
that has been determined by the United State Government pursuant to an
Executive Order or statute to require protection against unauthorized
disclosure for reasons of national defense or foreign relations, or any
restricted data as defined by the Atomic Energy Act of 1954.
[Safeguarded]{.underline} - that the confidentiality of the classified
information is maintained because the Government has proposed
redactions, substitutions or summarizations pursuant to CIPA which the
Court has accepted. [Impact on the judicial process]{.underline} - that
the Court does not exclude certain evidence, dismiss particular counts
of the indictment, or dismiss the indictment as a remedy for the
Government's insistence that certain classified information not be
disclosed at trial.

**Data Collection and Storage:** CES attorneys provide data concerning
CIPA matters handled in their cases as well as the status or outcome of
the matters, which we then enter into the ACTS database

**Data Validation and Verification:** Quarterly review of database
records and data updates from CES attorneys in order to insure that
records are current and accurate.

**Data Limitations:** Reporting lags.

> **Measure:** **Percentage of CE Cases Favorably Resolved**
>
> ![](media/image8.wmf)**FY 2007 Target:** 90%
>
> **FY 2007 Actual:** 96%
>
> **Discussion:** The target was exceeded. Of the 54 cases closed, 52
> were favorably resolved.

**Data Definition**: [Cases Favorably Resolved]{.underline} includes all
litigation cases closed during the FY.

**Data Collection and Storage:** Attorneys provide data which is stored
in the ACTS database.

**Data Validation and Verification:** Quarterly review of database
records and data updates from CES attorneys in order to insure that
records are current and accurate.

**Data Limitations:** Reporting lags.

> **[Counterterrorism (CT) Performance Report]{.underline}**
>
> ![](media/image9.wmf)**Measure:** **Percentage of International
> Training Needs Met**
>
> **FY 2007 Target:** N/A
>
> **FY 2007 Actual:** 79%
>
> **Discussion:** In FY 2007 there were a total of 34 requests for
> international training -- 27 were conducted and 7 declined due to
> manpower restraints.

**Data Definition**: [International Training Requests:]{.underline}
requests for training or participation in bilateral or multilateral
efforts to improve other nations' counterterrorism efforts, particularly
in regard to investigations, prosecutions, legislative drafting,
relationship building and related matters.

**Data Collection and Storage:** Data collection and storage is manual.

**Data Validation and Verification:** Data validation and verification
is accomplished via quarterly review by CTS Chief.

**Data Limitations:** None identified at this time.

> ![](media/image10.wmf)**Measure**: **Percentage of CT Cases Where
> Classified Information is Safeguarded (according to CIPA requirements)
> Without Impacting the Judicial Process**
>
> **FY 2007 Target:** N/A
>
> **FY 2007 Actual:** N/A
>
> **Discussion:** New Measure

**Data Definition**: [Classified information]{.underline} - information
that has been determined by the United State Government pursuant to an
Executive Order or statute to require protection against unauthorized
disclosure for reasons of national defense or foreign relations, or any
restricted data as defined by the Atomic Energy Act of 1954.
[Safeguarded]{.underline} - that the confidentiality of the classified
information is maintained because the Government has proposed
redactions, substitutions or summarizations pursuant to CIPA which the
Court has accepted. [Impact on the judicial process]{.underline} - that
the Court does not exclude certain evidence, dismiss particular counts
of the indictment, or dismiss the indictment as a remedy for the
Government's insistence that certain classified information not be
disclosed at trial.

**Data Collection and Storage:** Data collection and storage is manual.

**Data Validation and Verification:** Data validation and verification
is accomplished via quarterly review by CTS Chief.

**Data Limitations:** None identified at this time.

> ![](media/image11.wmf)**Measure:** **Percentage of CT Cases Favorably
> Resolved**
>
> **FY 2007 Target:** N/A
>
> **FY 2007 Actual:** 98%
>
> **Discussion:** CT cases are extremely challenging. In FY 2007, 54 of
> 55 CT cases were successfully resolved.

**Data Definition**: [Cases Favorably Resolved]{.underline} includes all
litigation cases closed during the FY.

**Data Collection and Storage:** Attorneys provide data which is stored
in the ACTS database.

**Data Validation and Verification:** Data validation and verification
is accomplished via quarterly review by CTS Chief.

**Data Limitations:** None identified at this time.

**V. E-Gov Initiatives**

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

**A. Funding and Costs**

The DOJ E-Gov expenses -- i.e. DOJ's share of E-Gov initiatives managed
by other federal agencies -- are paid for from the Department's Working
Capital Fund (WCF). These costs, along with other internal E-Gov related
expenses (oversight and administrative expenses such as salaries, rent,
etc.) are reimbursed by the components to the WCF. The NSD reimbursement
amount is based on the anticipated or realized benefits from an E-Gov
initiative. As such, the NSD E-Gov reimbursement to the WCF is \$17,000
for FY 2008. The anticipated NSD E-Gov reimbursement to WCF is \$20,000
for FY 2009.

**B. Benefits**

The NSD established baseline cost estimates for each IT investment being
(or planned to be) modified, replaced, or retired due to the
Department's use of an E-Gov or Line of Business initiative. The NSD is
measuring actual costs of these investments on an ongoing basis. As the
NSD completes migrations to common solutions provided by an E-Gov or
Line of Business initiative, the NSD expects to realize cost savings or
avoidance through retirement or replacement of legacy systems and
decreased operational costs.

VI\. Exhibits