**U.S. Department of Justice**

**FY 2008 PERFORMANCE BUDGET**

**Congressional Submission**

**[NATIONAL SECURITY DIVISION]{.underline}**

Table of Contents

Page No.

**I. Overview 1**

**II. Summary of Program Changes 3**

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

**IV. Decision Unit Justification**

A. National Security Division

1\. Program Description **5**

2\. Performance Tables **7**

3\. Performance, Resources, and Strategies **8**

**V. Exhibits**

> A. Organizational Chart

B. Summary of Requirements

C. Program Increases by Decision Unit

D. Resources by DOJ Strategic Goal/Objective

E. Justification for Base Adjustments

F. Crosswalk of 2006 Availability

G. Crosswalk of 2007 Availability

H. Summary of Reimbursable Resources (Not applicable)

I. Detail of Permanent Positions by Category

J. Financial Analysis of Program Increases/Offsets

K. Summary of Requirements by Grade

L. Summary of Requirements by Object Class

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

For the National Security Division (NSD), the Department of Justice
(DOJ) requests a total of 346 permanent positions (236 attorneys), 322
FTE, and \$78,056,000 for FY 2008. This request represents an increase
of \$12,797,000 over the \$65,259,000 estimated enactment of the FY 2007
President's budget and \$6,557,000 over FY 2008 current services. The
Division\'s total requested program improvements for FY 2008 (52
positions, including 34 attorneys, 28 FTE, and \$6,557,000) will expand
the Division's support of Goal One of the Department's Strategic Plan.
Beginning in FY 2007, electronic copies of the DOJ 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/.

In response to the recommendations presented by the Commission on the
Intelligence Capabilities of the United States Regarding Weapons of Mass
Destruction (WMD Commission), the President directed the Department to
create a National Security Division within the Department of Justice. On
March 9, 2006, the NSD was authorized by the \"USA PATRIOT Improvement
and Reauthorization Act of 2005.\" This critical Division consolidates
the resources of the Office of Intelligence Policy and Review and the
Criminal Division's Counterterrorism and Counterespionage Sections. NSD
is positioned to coordinate all intelligence-related Departmental
resources and ensure that criminal intelligence information is shared
across the Department and the Administration, as appropriate. These
organizational changes have strengthened the Department's efforts to
combat terrorism and other threats to national security.

The NSD is headed by an Assistant Attorney General (AAG) who reports to
the Deputy Attorney General/Attorney General. The mission of the
Division is to coordinate the Department's efforts in carrying out its
core mission of combating terrorism and protecting national security.
Among the major functions the Division performs are the following:

-   develop, enforce, and supervise the application of all federal
    criminal laws related to the national counterterrorism and
    counterespionage enforcement programs, except those specifically
    assigned to other divisions;

-   litigate and coordinate a wide range of prosecutions and criminal
    investigations targeting individuals and organizations that commit
    or attempt to commit terrorist acts at home or against U.S. persons
    or interests abroad or that assist in the financing of or providing
    support to those acts;

-   advise, assist, coordinate with and train those in the law
    enforcement community, including federal, state, and local
    prosecutors, investigative agencies, and foreign criminal justice
    entities; and

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

    The Division is responsible for assisting in the design,
    implementation, and support of law enforcement efforts, legislative
    initiatives, policies, and strategies relating to combating
    international terrorism and domestic terrorism. The Division also
    assists in preventing and disrupting acts of terrorism through
    investigation and prosecution. The Division participates in, among
    other activities:

-   investigating and prosecuting domestic and international terrorism
    cases;

-   participating in the systematic collection and analysis of
    information relating to the investigation and prosecution of
    terrorism cases;

-   coordinating with headquarters offices of U.S. government agencies,
    including the Criminal Division, Treasury Department, the State
    Department, intelligence agencies, the Department of Homeland
    Security, and the Federal Bureau of Investigation (FBI) to
    facilitate prevention of terrorist activity through daily detection
    and analysis and to provide information and support to the field;

-   investigating and prosecuting terrorist financing matters, including
    material support cases;

-   participates in the Committee on Foreign Investments in the U.S.
    (CFIUS) which serves U.S. national security and foreign investment
    policies through reviews of proposed foreign investments in the
    U.S.;

-   formulating legislative initiatives and DOJ policies and guidelines
    relating to terrorism;

-   training conferences, seminars, and lectures on terrorism-related
    topics including substantive law, policy, procedure, and guidelines
    for law enforcement personnel, intelligence officials, the private
    sector and the general public; assisting the Anti-Terrorism Advisory
    Council through the Regional Coordinator system involving
    information sharing between and among prosecutors nationwide on
    terrorist matters, cases and threat information;

-   participating in the foreign terrorist organization designation
    process with the Departments of State and Treasury and other DOJ
    components;

-   staffing the FBI's Strategic Information Operations Center (SIOC)
    during crisis incidents;

-   providing assistance to victims of terrorist incidents and ensuring
    compliance with our statutory victim-witness obligations;

-   sharing information and troubleshooting issues with international
    prosecutors, agents and investigating magistrates to assist in
    addressing international threat information and litigation
    initiatives; and

-   providing legal advice to federal prosecutors concerning numerous
    federal statutes.

    In FY 2008, the Department plans to continue the development of the
    NSD by augmenting certain functions listed above and by adding
    additional analytical capacity. The request includes enhancements
    for the following (in priority order):

    1\. FISA Operations and Intelligence Oversight

    2\. Counterterrorism Investigation and Prosecution

    3\. Crisis Preparedness and Management

    4\. Policy and Legal Analysis and Coordination

    5\. Justice for Victims of Overseas Terrorism

    **II. Summary of Program Changes**

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

                                                       Pos.   FTE   Dollars   
                                                                    (\$000)   

  FISA Operations    Funding for personnel to address  21     11    \$3,114   10
  and Intelligence   the current and projected                                
  Oversight          additional increased demand for                          
                     FISA collection and on requests                          
                     from other parts of the                                  
                     Intelligence Community.                                  

  Counterterrorism   Additional counterterrorism       11     6     1331      14
  Investigation and  prosecutorial personnel to                               
  Prosecution        strengthen investigative                                 
                     capabilities in order to more                            
                     effectively identify, track, and                         
                     prevent terrorist cells from                             
                     operating in the US and overseas                         
                     and improve information sharing                          
                     and coordination with federal,                           
                     State, local and foreign                                 
                     partners.                                                

  Crisis             Request to establish a new        5      3     433       22
  Preparedness and   section in NSD which will provide                        
  Management         focused attention on planning for                        
                     and managing responses to                                
                     terrorist and other catastrophic                         
                     events affecting national                                
                     security.                                                

  Policy and Legal   Funding to staff NSD's Law and    12     6     1216      25
  Analysis and       Policy Office, which will                                
  Coordination       coordinate with other agencies                           
                     and provide policy advice to the                         
                     Assistant Attorney General for                           
                     the NSD and all Department                               
                     components on national security                          
                     and related matters.                                     

  Justice for        Funding to staff the Office of    3      2     463       29
  Victims of         Justice for Victims of Overseas                          
  Overseas Terrorism Terrorism (OJVOT), as established                        
                     pursuant to the Department of                            
                     Justice FY 2005 Appropriations                           
                     Act.                                                     

  TOTAL, NSD                                           52     28    \$6,557   
  ------------------ --------------------------------- ------ ----- --------- ------

**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, \$78,056,000; 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.]{.underline}*

**Analysis of Appropriations Language**

The FY 2008 President\'s Budget uses the FY 2007 President\'s Budget
language as a base so all language is presented as new.

**IV. Decision Unit Justification**

**National Security Division**

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

  2006 Enacted w/Rescissions and          \....      \....      ....
  Supplementals\*                                               

  2007 Estimate                           294        272        \$65,259

  Adjustments to Base and Technical                  22         6,240
  Adjustments                                                   

  2008 Current Services                   294        294        71,499

  2008 Program Increases                  52         28         6,557

  2008 Request                            346        322        78,056

  Total Change 2007-2008                  52         50         \$12,797
  --------------------------------------- ---------- ---------- -----------

\* No amounts are shown for FY 2006 because NSD is proposed as a new
appropriation in FY 2007.

**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 counterterrorism,
counterintelligence, and counterespionage.

For performance reporting purposes, resources for the Division are
included under DOJ Strategic Goal 1; Objective 1.1: Enforce Federal
Criminal Laws; Combat espionage against the United States by
strengthening counterintelligence capabilities, since a significant
portion of their work involves the processing of Foreign Intelligence
Surveillance Act (FISA) requests, and conducting oversight of the FBI's
foreign intelligence and counterintelligence investigations. In fact,
the Division supports all objectives under Strategic Goal 1.

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 Federal Bureau of Investigation'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 cases in
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 apprized of Departmental
views on national security and intelligence policy and are appropriately
informed regarding operational intelligence and counterintelligence
activities.

<table>
<colgroup>
<col style="width: 17%" />
<col style="width: 29%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 12%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="2"><strong>2. Performance Table</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="even">
<td></td>
<td></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"><strong>PERFORMANCE AND RESOURCES TABLE</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="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="8"><strong>DOJ Strategic Goal/Objective:</strong> 1.1
Prevent, disrupt, and defeat terrorist operations before they
occur.</td>
<td></td>
<td></td>
<td></td>
<td></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></td>
<td></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 colspan="2"><strong>Workload:</strong> Cases Open</td>
<td>73</td>
<td></td>
<td>50</td>
<td></td>
<td>92</td>
<td></td>
<td>13</td>
<td></td>
<td>105</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>Workload:</strong> Cases Closed</td>
<td>55</td>
<td></td>
<td>55</td>
<td></td>
<td>80</td>
<td></td>
<td>20</td>
<td></td>
<td>100</td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload:</strong> Matters Opened</td>
<td>314</td>
<td></td>
<td>315</td>
<td></td>
<td>370</td>
<td></td>
<td>60</td>
<td></td>
<td>430</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>Workload:</strong> Matters Closed</td>
<td>114</td>
<td></td>
<td>114</td>
<td></td>
<td>142</td>
<td></td>
<td>28</td>
<td></td>
<td>170</td>
<td></td>
</tr>
<tr class="even">
<td></td>
<td></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"><strong>Total Cost and FTE</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="even">
<td></td>
<td></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"><p>reimbursable FTE are included but reimbursable costs
are bracketed and</p>
<p>not inlcuded in totals</p></td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>272</td>
<td>66,259</td>
<td>50</td>
<td>12,797</td>
<td>322</td>
<td>79,056</td>
</tr>
<tr class="even">
<td><strong>TYPE/ STRATEGIC OBJECTIVE</strong></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><strong>Program Activity</strong></td>
<td>National Security Division</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="even">
<td></td>
<td></td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>272</td>
<td>66,259</td>
<td>50</td>
<td>12,797</td>
<td>322</td>
<td>79,056</td>
</tr>
<tr class="odd">
<td>Performance Measure</td>
<td>Number of training conferences and seminars on terrorism-related
topics</td>
<td>60</td>
<td></td>
<td>40</td>
<td></td>
<td>60</td>
<td></td>
<td>0</td>
<td></td>
<td>60</td>
<td></td>
</tr>
<tr class="even">
<td>Performance Measure</td>
<td>Number of FISA applications approved</td>
<td>n/a</td>
<td></td>
<td>n/a</td>
<td></td>
<td>n/a</td>
<td></td>
<td>n/a</td>
<td></td>
<td>n/a</td>
<td></td>
</tr>
<tr class="odd">
<td>OUTCOME</td>
<td>Favorably resolved Counterterrorism/Counterespionage criminal
cases</td>
<td>n/a</td>
<td></td>
<td>n/a</td>
<td></td>
<td>90%</td>
<td></td>
<td>0%</td>
<td></td>
<td>90%</td>
<td></td>
</tr>
</tbody>
</table>

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

a\. Performance Plan and Report for Outcomes

The Division's responsibilities will include providing expert guidance
and legal advice, legislative and policy analysis work, training,
program coordination and litigation of criminal terrorism and terrorism
related cases, and all activities related to FISA processing. Although
additional performance measures will evolve as planning for the Division
proceeds, the Performance and Resources Table includes workload measures
on cases closed and matters opened and closed. The table also includes
performance measures on the number of training conferences and seminars
on terrorism-related topics and number of FISA applications and an
outcome measure of favorably resolved criminal cases. The table shows a
projected 14 percent increase in counterterrorism and counterespionage
cases opened and a 25 percent increase in cases closed from FY 2007 to
FY 2008. The Division is also projecting a 16 percent increase in
matters opened and a 20 percent increase in matters closed. The table
also shows that the Department will continue to hold 60 training
conferences and seminars on terrorism-related topics, which is a
critical part of our training and program coordination responsibilities.
The Department will also continue to target the outcome measure
"favorably resolved criminal cases" at 90 percent of all criminal cases
litigated.

![](media/image1.wmf)

While many of the details are classified, FISA is a critical tool for
obtaining foreign intelligence information to protect the nation from
terrorist attacks and the activities of foreign spies. The number of
FISA applications filed annually with the Foreign Intelligence
Surveillance Court (the Court) continues to grow. In 2001, the
Department filed 934 applications with the Court. In calendar year 2005,
the Department processed and filed on behalf of the government a record
number of 2,074 applications, more than double the amount filed just
four years earlier. To put this number in perspective, the total number
of applications for interceptions of wire, oral or

electronic communications in criminal cases that were approved by *all*
federal and state courts during 2005 was 1,774. Of that total, 625 were
wiretap applications submitted to federal courts--less than a third of
the total number of FISA applications submitted by the government to the
Court in that time period. Additional information related to the overall
performance levels of NSD is available at the classified level. Those
with the appropriate clearance levels and with a need to know may view
documents and reports prepared by NSD upon request. Also note that the
Department does not target the number of FISA applications.

b\. Strategies to Accomplish Outcomes

**[Program Increases]{.underline}**

**Item Name: [FISA Operations and Intelligence Oversight]{.underline}**

**Budget Decision Unit:** National Security Division

**Strategic Goal & Objective**: Strategic Goal 1: Prevent Terrorism and
Promote the Nation's Security;

Objectives 1.1 Prevent, disrupt, and defeat terrorist operations before
they occur; 1.2 Investigate and prosecute those who have committed, or
intend to commit, terrorist acts in the United States; and 1.3 Combat
espionage against the United States by strengthening counterintelligence
capabilities.

**Organizational Program**: FISA Operations and Intelligence Oversight
Sections

**Program Increase**: Positions: [21]{.underline} Atty: [15]{.underline}
FTE: [11]{.underline} Dollars: [\$3,114,000]{.underline}

[Description of Item]{.underline}

This request provides an additional 21 positions to NSD's FISA
Operations and Intelligence Oversight Sections. Of these, 21 positions
15 are attorneys and 6 are support positions required to provide case
management, technical, and paralegal support.

[Justification]{.underline}

The NSD request for FISA operations and intelligence oversight staffing
is based on the Department's experience over the past five years, on the
impact of the FBI's reorganization of its national security activities
into a National Security Branch and substantial increases in the number
of its personnel who work on counterterrorism and counterintelligence
investigations, and on current and projected additional increased demand
for FISA collection from other parts of the Intelligence Community. All
of these factors will further increase the workload of the FISA
Operations and Intelligence Oversight Sections.

The NSD is at the forefront of a period of dramatic change for the
Department and the Intelligence Community, during which time the robust
and enhanced use of intelligence has become a critical tool in fighting
the war on terror. Since 9/11, the volume and intensity of FISA
processing and related workload has increased substantially, requiring
continuous improvements on all fronts. FISA, as amended, has proven to
be one of the most critical tools in preventing any additional attacks
on American soil, and the FISA Operations and Intelligence Oversight
Sections oversee the Department's implementation of that Act. However,
much work needs to be done to continue that success, and it is to that
end that the FISA Operations and Intelligence Oversight Sections'
requested enhancements are aimed.

The FY 2007 budget includes an additional 30 positions (21 attorneys)
for the NSD FISA Operations and Intelligence Oversight Sections and this
request includes another 21 positions (15 attorneys). However, based on
the FISA Operations and Intelligence Oversight Sections' current and
projected workload in supporting the government-wide war on terror and
on the unmet demand in the intelligence community for court-authorized
intelligence collection, NSD projects that the FISA Operations and
Intelligence Oversight Sections require an increase of 100 positions at
a minimum if those needs are to be addressed adequately. This request
recognizes the limitations of the hiring process and the challenges of
assimilating large numbers of new staff in one year.

In the past, shortfalls in the number of OIPR attorneys needed for the
processing of FISA applications and for other operational needs required
OIPR to augment its staff with detailees. The Attorney General and the
Deputy Attorney General issued directives that resulted in detailing
about 30 attorneys to OIPR in 2004 from other parts of the Department.
More attorneys were detailed in 2005. At times during those years,
nearly 40 percent of the line attorneys in OIPR were detailees. Yet even
with this staffing support, OIPR could not keep pace with the
ever-increasing FISA workload. For a variety of reasons, including the
need to train attorneys who are unfamiliar with FISA, detailees are not
a long-term solution to resource shortfalls. The use of detailees is
expensive and inefficient.

In appearances before Congress, Department officials often are
questioned about the time it takes to process certain FISA requests,
which is attributable in part to the FISA Operations and Intelligence
Oversight Sections' limited resources to devote to processing FISA
applications. The findings and recommendations of the Senate Select
Committee on Intelligence's *Committee Staff Audit and Evaluation of the
Foreign Intelligence Surveillance Act Process* (November 15, 2005)
discussed at some length the chronic staffing shortages that have
characterized the Department's FISA operations and the negative impact
on those operations from inadequate resources. Although budget
enhancements of the past few years have helped to ease staffing
shortages, current base levels are not sufficient to provide the
operational support to the Intelligence Community necessary to maintain
a continuing vigorous response to the ongoing threats to our national
security.

The Attorney General's October 2003 guidelines for the FBI's conduct of
national security investigations and foreign counterintelligence
collection also imposed substantial oversight duties on OIPR that are
now handled by the FISA Operations and Intelligence Sections. Under the
previous guidelines, OIPR received periodic reports on the FBI's
investigation of United States persons. Under the new guidelines, FISA
Operations and Intelligence Oversight Sections receive reports from the
FBI on all newly-opened national security investigations, constituting
at least a tenfold increase in the number of such reports that the FISA
Operations and Intelligence Oversight Sections must review. This
involves significant increased oversight and compliance
responsibilities, which, in turn, requires more staff.

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

The number of FISA applications filed annually with the FISC continues
to grow. In 2001, OIPR filed 934 applications with the FISC. In calendar
year 2005, OIPR processed and filed on behalf of the government a record
number of 2,074 applications, more than double the amount filed just
four years earlier. To put this number in perspective, the total number
of applications for interceptions of wire, oral or electronic
communications in criminal cases that were approved by *all* federal and
state courts during 2005 was 1,774. Of that total, 625 were wiretap
applications submitted to federal courts--less than a third of the total
number of FISA applications submitted by the government to the FISC in
that time period.

In addition, in 2002 the DOJ obtained 170 emergency FISA
authorizations--more than three times greater than the total number of
emergency FISAs obtained in the 23 years between FISA's enactment in
1978 and the terrorist attacks on 9/11. Although the number of emergency
FISA authorizations since remains classified, this aspect of OIPR's
workload has kept pace with the overall increases in workload that the
FISA Operations and Intelligence Oversight Sections continue to
experience.

The number of FISA applications filed represents only a part of the
NSD's operations. The FISA Operations and Intelligence Oversight
Sections' daily activities in support of the Intelligence Community will
include the preparation and filing of pen register/trap and trace
applications, requests for the production of tangible things, and
requests for statutory exemptions related to undercover operations and
the conduct of otherwise illegal activities as allowed by law. They will
also include handling requests for Attorney General authorization to use
FISA information in criminal and civil proceedings, authorizations for
certain intelligence activities under Executive Order 12333, and
extensive oversight and advice.

Funding

[Base Funding]{.underline}

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 11%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 11%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="4">FY 2006 Availability</td>
<td colspan="4">FY 2007 Estimate</td>
<td colspan="4"><p>FY 2008 President’s Budget</p>
<p>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>152</td>
<td>115</td>
<td>133</td>
<td>$31,162</td>
<td>182</td>
<td>136</td>
<td>167</td>
<td>$40,480</td>
<td>182</td>
<td>136</td>
<td>182</td>
<td>$44,746</td>
</tr>
</tbody>
</table>

[Personnel Increase Cost Summary]{.underline}

+------------------+---------+-----------+------------+--------------+
| Type of Position | Modular | Number of | FY 2008    | FY 2009 Net  |
|                  | Cost    | Positions | Request    |              |
|                  | per     | Requested |            | A            |
|                  | P       |           | (\$000)    | nnualization |
|                  | osition |           |            |              |
|                  | (\$000) |           |            | (\$000)      |
+------------------+---------+-----------+------------+--------------+
| Attorneys        | \$179   | 15        | \$2,685    | \$638        |
+------------------+---------+-----------+------------+--------------+
| Admin            | \$67    | 2         | 134        | 81           |
| S                |         |           |            |              |
| upport/Paralegal |         |           |            |              |
+------------------+---------+-----------+------------+--------------+
| Clerical         | \$56    | 4         | 225        | 83           |
+------------------+---------+-----------+------------+--------------+
| Total Personnel  |         | 21        | \$3,044    | \$802        |
+------------------+---------+-----------+------------+--------------+

Non-Personnel Increase Cost Summary

+------------------+---------+----------+-------------+--------------+
| Non-Personnel    | Unit    | Quantity | FY 2008     | FY 2009 Net  |
| Item             | Cost    |          | Request     |              |
|                  |         |          |             | A            |
|                  |         |          | (\$000)     | nnualization |
|                  |         |          |             |              |
|                  |         |          |             | (\$000)      |
+------------------+---------+----------+-------------+--------------+
|                  |         |          | \$68        | \$68         |
+------------------+---------+----------+-------------+--------------+
| Total            |         |          |             | \$68         |
| Non-Personnel    |         |          |             |              |
+------------------+---------+----------+-------------+--------------+

[Total Request for this Item]{.underline}

+------------+------+------+-----+-----------+----------+------------+
|            | Pos  | Atty | FTE | Personnel | Non-P    | Total      |
|            |      |      |     |           | ersonnel |            |
|            |      |      |     | (\$000)   |          | (\$000)    |
|            |      |      |     |           | (\$000)  |            |
+------------+------+------+-----+-----------+----------+------------+
| Current    | 182  | 136  | 182 |           |          | \$44,746   |
| Services   |      |      |     |           |          |            |
+------------+------+------+-----+-----------+----------+------------+
| Increases  | 21   | 15   | 11  | \$3,044   | \$68     | 3,114      |
+------------+------+------+-----+-----------+----------+------------+
| Grand      | 223  | 151  | 193 |           |          | \$47,860   |
| Total      |      |      |     |           |          |            |
+------------+------+------+-----+-----------+----------+------------+

**Item Name: [Counterterrorism Investigation and
Prosecution]{.underline}**

**Budget Decision Unit:** National Security Division

**Strategic Goal & Objective**: Strategic Goal 1: Prevent Terrorism and
Promote the Nation's Security; Objectives 1.1: Prevent, disrupt, and
defeat terrorist operations before they occur; and 1.2: Investigate and
prosecute those who have committed, or intend to commit, terrorist acts
in the United States.

**Organizational Program:** Counterterrorism Section (CTS)

**Program Increase:** Positions: [11]{.underline} Atty: [8]{.underline}
FTE: [6]{.underline} Dollars: [\$1,331,000]{.underline}

[Description of Item]{.underline}

This request augments the NSD by providing additional counterterrorism
prosecutorial personnel (particularly needed given the increases in
investigative personnel in recent years); strengthening our
counterterrorism investigative capabilities so that we can more
effectively identify, track, and prevent terrorist cells from operating
in the United States and overseas; and improving information sharing and
coordination with federal, State, local and foreign partners.

[Justification]{.underline}

CTS needs enhanced resources just to address and keep pace with current
and future workloads. From FY 2007 to FY 2008, the Division foresees a
14 percent increase in counterterrorism and counterespionage cases
opened and a 16 percent increase in counterterrorism and
counterespionage matters opened. The FBI's FY 2007 request includes
5,051 total agents for counterterrorism, counterintelligence, and
computer intrusion, which represents an increase of 3,135 agents (164%)
over FY 2001. In contrast, counterterrorism prosecutorial resources in
the Criminal Division (now included in the NSD) increased by only 5
attorneys, for a total of 56, during the same time period. This
imbalance impairs the Department's ability to improve our prosecutorial
capabilities in this area and respond to the many demands facing the
Department.

In this context, CTS requires enhancements in the following program
areas:

-   Improve Weapons of Mass Destruction (WMD) Focus, Expertise, and
    Prosecutorial Capabilities to Prevent Terrorists from Obtaining and
    Utilizing These Weapons

-   Domestic Terrorism

-   Anti-Terrorism Advisory Council (ATAC) Program Enhancements

-   Terrorist Financing and Other Material Support International
    Terrorism Prosecution Resources

    These enhancements will:

-   Promote and use new legislation -- including new offenses pursuant
    to the Intelligence Reform and Terrorism Prevention Act of 2004 that
    address production of smallpox, terrorism hoaxes, provision of
    material support to a nuclear weapons or other weapons of mass
    destruction (WMD) program of a foreign terrorist power, and
    production or possession of radiological devices (i.e., "dirty
    bombs") -- to investigate WMD threats and incidents and to prosecute
    suspected terrorist criminals to the fullest extent of the law.

-   Fully utilize the ATACs created by the U.S. Attorney's Office within
    each judicial district to coordinate specific antiterrorism
    initiatives, conduct training programs, and facilitate information
    sharing in regard to WMD and precursor chemicals and agents.

-   Through increased coordination with and among the FBI's Joint
    Terrorism Task Forces (JTTFs) and ATACs, improve information sharing
    and coordination with federal, State and local partners relative to
    WMD and precursor chemicals and agents, increase early
    identification and disruption of those seeking to acquire and/or use
    weapons of mass destruction, and develop intelligence-driven
    investigations and prosecutions.

-   Build strong cases for prosecution of WMD-related criminal activity
    through the cooperative efforts of the U.S. Attorneys' Offices, the
    Counterterrorism Section and other components of the NSD, pertinent
    components of the Criminal Division, and our partners in other
    federal agencies.

-   Work with the FBI's new WMD Directorate and other pertinent federal
    components to apply all resources available to develop a
    comprehensive approach to investigating acts and threats of
    terrorism involving WMD and precursors.

-   Enhance resources devoted to domestic terrorism by creating a
    Domestic Terrorism Unit to work effectively with and provide
    investigative guidance to the FBI's Domestic Terrorism Operations
    Section and other pertinent federal law enforcement components,
    including ATF.

-   Through increased coordination with and among JTTFs and ATACs, apply
    all resources available to develop a comprehensive approach to the
    early identification, investigation and prosecution of members of
    domestic terrorism and extremist groups to disrupt and prevent
    terrorist acts.

-   Provide specific prosecutorial resources to focus on home grown
    terrorists who are inspired by and/or adhere to the philosophy,
    tactics and methods of international terrorist groups such as
    al-Qaeda.

-   Promote the use of recent legislation, including the hoax statute
    (18 U.S.C. § 1038) enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, to investigate domestic terrorism
    incidents and prosecute suspected terrorists to the fullest extent
    of the law.

-   Continue to propose and advocate for the passage of CTS-drafted
    legislation, such as amendments to 18 U.S.C. § 43 and proposals to
    protect federal, state and local officials from harassment and
    fraudulent liens, to enhance our tools to investigate and prosecute
    acts of domestic terrorism.

-   Build strong cases for prosecution through coordinated efforts of
    the U.S. Attorneys' Offices and CTS, including multi-district
    investigations and prosecutions.

-   Fulfill obligations under AG Guidelines to review, analyze and
    provide guidance to the FBI on initiation and renewal of Terrorism
    Enterprise Investigations and build these investigations into strong
    prosecutions where appropriate.

-   Develop ATAC Sub-Groups to share expertise and information in regard
    to common interests and problems among federal, state, and local
    officials, as well as with pertinent international counterparts and
    with private sector and industry officials.

-   Provide targeted training materials and guidance on new legislation
    and authorities to investigate and prosecute suspected terrorist
    criminals to the fullest extent of the law.

    [WMD]{.underline}

    Our Nation faces no greater terrorist threat than the potential use
    of weapons of mass destruction against American citizens. In
    February 2005, President Bush, in a joint statement with Russian
    President Vladimir Putin, pledged to ensure the full implementation
    of U.N. Security Council Resolution 1540 (non-proliferation of WMD)
    and completion of two WMD-related multi-lateral agreements (the
    Convention for the Physical Protection of Nuclear Material and the
    Nuclear Terrorism Convention). CTS attorneys have worked on all
    three measures. The report of the Presidential Commission on the
    Intelligence Capabilities of the United States Regarding Weapons of
    Mass Destruction (the Silberman-Robb Commission) underscores that we
    in government must redouble our efforts to strengthen our
    capabilities and expertise in regard to weapons of mass destruction.
    For CTS, this translates into strategic planning to achieve improved
    liaison and proactive, cooperative efforts with our counterparts at
    FBI, Department of Energy, Department of Defense, Department of
    State, and numerous other federal agencies on WMD non-proliferation
    and national security issues; increased scientific expertise
    in-house to deal with the technical aspects of cases,
    investigations, and preparedness issues; and more focused guidance
    to the field on WMD issues in the form of comprehensive monographs,
    jury instructions, and technical understanding.

    In December 2004, as part of the Intelligence Reform and Terrorism
    Prevention Act, Congress created several new offenses focusing on
    the significant risks stemming from WMD. These new offenses address,
    among other things, production of smallpox, terrorism hoaxes,
    provision of material support to a nuclear weapons or other WMD
    program of a foreign terrorist power, and producing or possessing
    radiological devices (i.e., "dirty bombs"). In March 2006, CTS
    authored and distributed to all U.S. Attorneys' Offices and the FBI
    a comprehensive WMD monograph which provided guidance on prosecuting
    WMD cases and responding to WMD threats and incidents. This
    monograph will assist U.S. Attorney's Offices and the FBI nationwide
    to implement these new statutes. As the FBI stands up its new WMD
    Directorate, CTS must supplement its own resources in this area to
    support the anticipated increase in investigations and prosecutions
    centered on proliferation of and trafficking in WMD, as well as WMD
    threats, hoaxes and incidents. With the ever-present threat of
    terrorists acquiring and using WMDs and their precursor chemicals
    and agents, CTS envisions an even greater need for prosecutors with
    WMD expertise and with strong scientific and anti-proliferation
    backgrounds.

    In January 2006, after lengthy negotiations, the U.S. and its
    international partners agreed to the 2005 Protocol to the 1988
    Convention for the Suppression of Unlawful Acts against the Safety
    of Maritime Navigation and the 2005 Protocol to the 1988 Protocol
    for the Suppression of Unlawful Acts against the Safety of Fixed
    Platforms Located on the Continental Shelf. The purpose of these
    Protocols, which the U.S. signed in January 2006, is to strengthen
    criminal laws relating to terrorist attacks against or from ships
    and fixed maritime platforms and to prohibit the proliferation of
    weapons of mass destruction by means of ships to better defend the
    Nation and the World against the proliferation of weapons of mass
    destruction. The CTS played a critical role in the negotiation of
    these Protocols, especially in regard to the criminal sanctions
    included in them. Consistent with these Protocols, the U.S. has
    embarked on a process of negotiating non-proliferation agreements
    with numerous countries who serve as flag countries for many
    maritime vessels, and CTS continues to play a role in this process.
    Additional resources are required to follow through on these efforts
    and to fully implement the Protocols and related agreements in order
    to limit the proliferation of WMD.

    During Fiscal Year 2006, CTS participated in the drafting of the
    National Strategy for Pandemic Influenza. A senior CTS attorney
    served as one of the principal authors of the chapter of that
    strategy titled "Law Enforcement, Public Safety and Security." CTS
    continues to be involved in the ongoing implementation of actions
    required of the Department by that plan. In addition, CTS
    participated in the WMD interagency working group that drafted the
    National Intelligence Plan, and continues to participate in the
    refinement and implementation of that Plan. CTS also participates in
    numerous international fora, including the G8, the U.S.- Canada
    Cross Border Crime Forum, the OAS, and many others, which focus on
    cooperative efforts to prevent WMD proliferation, to counter WMD
    threats, and to improve legal tools and mutual legal assistance to
    address such matters. Without additional resources, CTS will be
    unable to continue to meet the increasing demand of these efforts on
    all fronts.

    In light of these expanded laws, policy directives, and agreements,
    the NSD has identified a strong need for focus and specialization
    in-house on weapons of mass destruction investigations and
    prosecutions of attempts, threats, hoaxes and related cases
    nationwide, in order to better connect the dots and prevent the
    catastrophe of a WMD attack. In particular, attorneys with
    scientific backgrounds and expertise in these areas would be a
    significant asset and would improve the technical aspects of our WMD
    investigations and prosecutions nationwide. In the event of an
    actual WMD crisis, such expertise would be essential not only to
    provide guidance to U.S. Attorneys' Offices, but also to support
    investigative and recovery efforts on scene at the incident, at FBI
    SIOC, and at alternate locations. These specialized resources would
    provide expertise on authorities and statutory bases for utilization
    of special federal capabilities and for interagency coordination.

    **[Domestic Terrorism]{.underline}**

    Since 9/11, the United States' perspective in regard to protecting
    against terrorism has largely looked outward. Nonetheless,
    "traditional" home-grown terrorist groups continue to exist, and
    individuals like Timothy McVeigh, can continue to present a threat.
    Additionally, home-grown "jihadists" inspired by al-Qaeda and other
    international terrorists and terrorist groups but with no actual
    connection to them, pose a threat to the security of the United
    States, like the home-grown British terrorists who carried out
    subway and bus attacks in London in July 2005. CTS seeks to
    establish a Domestic Terrorism Unit to specifically address these
    threats.

    The aim of this Domestic Terrorism Unit within CTS will be to
    further protect America from the threat of terrorism on our home
    soil from disaffected Americans, members of domestic terrorism and
    extremist groups, and from homegrown jihadists inspired by and
    seeking to emulate international terrorists. The unit will focus on
    early identification and disruption to prevent and defeat terrorist
    operations before they occur and to vigorously prosecute those who
    commit or intend to commit such acts. The requested additional
    resources will enable us to effectively use the full range of
    investigative tools to focus on this activity and mount successful
    prosecutions.

    In recent years, the Department's and the Nation's attention has
    been largely devoted to international terrorism, and resources have
    been proportionately focused on prevention, disruption,
    investigation and prosecution of international terrorists. Yet we
    cannot afford to ignore the threat from domestic extremists. We must
    also focus greater attention on exploring possible links between
    international and domestic terrorists. Enhancement of resources
    devoted to domestic terrorism will permit us to support the
    investigative efforts of the domestic terrorism components of the
    FBI and related components of ATF; to fulfill our obligations under
    the Attorney General's guidelines to review, analyze and provide
    guidance to the FBI on the initiation, renewal and progress of
    Terrorism Enterprise Investigations; and to provide focus, guidance
    and investigative and prosecutive support to U.S. Attorneys'
    Offices.

    **[ATAC Program]{.underline}**

    In a January 2006 memorandum to all U.S. Attorneys, the Deputy
    Attorney General designated CTS as the primary coordinator and
    manager of the ATAC Program. Although CTS already devotes
    significant resources to the ATAC program - through its National
    ATAC Coordinator and 6 Regional Anti-Terrorism Coordinators devoted
    to this program -- the coordination, management, and training
    responsibilities for this essential program should be further
    enhanced to increase our capacity to develop investigative plans and
    strategies, train ATAC Coordinators and terrorism prosecutors,
    provide in-depth analysis of terrorism cases and best practices, and
    foster information sharing and joint efforts in common areas of
    interest among ATAC Coordinators.

    CTS needs additional resources to balance its prosecutive and
    intelligence responsibilities in support of U.S. Attorneys' Offices.
    Additional resources would enable us to be proactive in developing
    investigative plans and strategies. An Intelligence Research
    Specialist (IRS)/Investigator could review and analyze large amounts
    of records, financial and otherwise, and provide investigative leads
    and direction in close coordination with investigative agents and
    terrorism prosecutors. As a resource for the field, the
    IRS/Investigator could jump-start investigations and provide the
    impetus to move them forward along the track of an appropriate
    prosecutive plan.

    In addition, an IRS in CTS would provide national guidance as well
    as intelligence to the IRSs located in the U.S. Attorneys' Offices,
    and also enhance CTS's ability to absorb the increasing volume of
    intelligence material and threat information referred to the
    section. The FBI and most other agencies have intensified their
    efforts to gather and report intelligence, which is passed to CTS
    through various channels and with different degrees of detail. CTS
    reviews and passes on to ATAC Coordinators, as appropriate,
    intelligence reports and threat information pertinent to their
    investigations and districts. An IRS at CTS would serve as the
    initial point of contact for intelligence material and threat
    information, and could establish lines of communication with the
    reporting agencies to obtain supplemental information when needed.
    An IRS could also generate meaningful intelligence summaries, create
    link analyses, and cull information in reports that highlights items
    of particular significance to matters within the Section.

    Because CTS was recently designated as the primary coordinator and
    manager of the ATAC Program, the assistance of additional
    non-attorney supporting personnel is required to handle additional
    responsibilities such as the electronic dissemination of relevant
    information and guidance; summarizing survey responses that are
    routinely sought by the Department so that this information can be
    provided to the field and the Department leadership; assisting the
    National ATAC Coordinator with the development and facilitation of
    training for the Anti-Terrorism personnel in the field (currently
    approximately 25% of the National ATAC Coordinator's time); and
    assisting with the preparation of Power Point presentations on
    important topics, which are provided to ATAC Coordinators and used
    by them for training federal, state and local authorities who
    comprise the ATAC membership in the field. This comprehensive
    training of ATAC Coordinators and ATAC membership requires
    continuous logistical support and updating to keep it current and
    useful, and would substantially benefit from additional non-attorney
    resources devoted to these duties.

    [ATAC Regional Meetings and Special Focus Groups]{.underline} - The
    ATAC program is currently structured geographically into six
    regions, with CTS Regional Coordinators assigned to assist the ATAC
    Coordinators in each region with investigations, cases, and program
    management. Although some of the ATACs have held regional meetings
    (in locations central to the Region) to discuss common
    investigations, cases, and issues, there is no dedicated budget to
    allow Regional Coordinators and ATAC Coordinators to travel for
    Regional Meetings. Funding for CTS Regional Coordinators and other
    Anti-Terrorism personnel to attend quarterly or biannual Regional
    Meetings is needed to ensure the continued success of this vital and
    essential program.

    In addition, many ATACs share common problems associated with
    industries or facilities in their districts that are considered
    vulnerable as potential targets of terrorism. The establishment of
    ATAC Special Focus Groups would enable the ATACs to better serve
    their districts by addressing specific issues common to districts in
    various regions and would allow CTS and ATACs to share information
    pertaining to intelligence, security measures and training on issues
    specific to those industries or facilities. Such Special Focus
    Groups might include Maritime/Ports; Oil & Gas/Petroleum Production;
    Agriculture & Food Production; Northern Border Issues; and Southern
    Border Issues. Funding for information-sharing meetings and training
    of these Special Focus Groups currently does not exist and is needed
    to ensure that the NSD can focus on the Department's number one
    priority.

    **[Terrorist Financing/ITOS Units]{.underline}**

    Terrorist financing and material support cases are a critical
    component of the Department's and the Administration's
    counterterrorism enforcement strategy, and CTS already devotes
    significant resources to the nationwide coordination and prosecution
    of terrorist financing, material support and other antiterrorism
    criminal enforcement efforts.  However, additional resources are
    needed for the United States to realize the full value of these law
    enforcement tools and the legislative changes in information-sharing
    rules and legal authorities. We need additional attorneys and
    support personnel, to work with the FBI's International Terrorism
    Operations Sections and their Terrorist Financing Operations
    Section, as well as our field components, on cutting edge
    investigative strategies and initiatives that fully utilize the
    legislative clarifications and expanded jurisdiction provided by the
    Intelligence Reform and Terrorism Prevention Act of 2004 and the USA
    PATRIOT Improvement and Reauthorization Act. As noted in the DOJ
    Strategic Plan for Terrorist Financing, terrorists and their
    associates exploit charities, as well as regulatory mechanisms
    designed to assure that the government has adequate information
    about the associations and memberships of applicants for tax-exempt
    status and immigration benefits. We are seeking to expand our
    criminal investigations and prosecutions toward fraudulent efforts
    to obtain government benefits - like citizenship and tax-exempt
    status - while concealing terrorist associations, an enforcement
    initiative that would promote the integrity of the benefits programs
    and regulatory regimes while assuring the government receipt of
    terrorism-related intelligence. More important, the availability of
    non-terrorism charges against terrorists and their associates will
    add to the menu of options available to the nation's
    counterterrorism prosecutors and officials, and permit law
    enforcement interdiction at an early stage of terrorist planning
    while minimizing the need to disclose sensitive sources and methods.

    While U.S. Attorneys' Offices are increasingly reviewing
    FBI-generated counterterrorism intelligence with any eye toward
    prosecution, they often require significant guidance and assistance
    from CTS in charging strategy, declassification, discovery, motion
    practice and litigation, as well as computerized litigation support.
    Since 9/11, terrorist financing and material support have been key
    areas of oversight. CTS has conducted significant training of
    prosecutors and investigators nationwide and abroad, requiring
    frequent and extensive travel by Section attorneys. Alternative
    financing mechanisms, including narco-terrorism and hawalas,
    increasingly demand attention, and additional CTS resources are
    required to fully support training, operational, and litigation
    efforts that arise from these counterterrorism-related challenges.

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

    As described above, the NSD request for resources for CTS relate
    directly to the Department's highest priority: Prevent Terrorism and
    Promote the Nation's Security. Additional CTS resources will provide
    additional prosecutors to address the burgeoning workload in this
    critical area.

    **Funding**

    [Base Funding]{.underline}

  --------------------------- -------------------- ------------------- ----------------------- --------------------- -------------------- ------------------- ----------------------- ----------------------- -------------------- ------------------- -----------------------
  [FY 2006                                                                                     [FY 2007 President's                                                                   [FY 2008 Current                                                 
  Availability]{.underline}                                                                    Budget]{.underline}                                                                    Services]{.underline}                                            

  [Pos]{.underline}           [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}   [Pos]{.underline}     [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}   [Pos]{.underline}       [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}

  50                          37                   50                  \$9,116                 59                    41                   55                  \$9,723                 59                      41                   59                  \$10,736
  --------------------------- -------------------- ------------------- ----------------------- --------------------- -------------------- ------------------- ----------------------- ----------------------- -------------------- ------------------- -----------------------

Base availability funding is an estimate based on total Criminal
Division funding transferred to NSD in the FY 2007 budget. Funds are
prorated based on total number of positions transferred.

[Personnel Increase Cost Summary]{.underline}

+---------------------+----------+----------+----------+------------+
| Type of Position    | Modular  | Number   | FY 2008  | FY 2009    |
|                     | Cost     | of       |          |            |
|                     |          |          | Request  | Net        |
|                     | per      | P        |          | Ann        |
|                     | Position | ositions | (\$000)  | ualization |
|                     | (\$000)  |          |          |            |
|                     |          | R        |          | (\$000)    |
|                     |          | equested |          |            |
+---------------------+----------+----------+----------+------------+
| Attorney            | \$121    | 8        | \$969    | \$340      |
+---------------------+----------+----------+----------+------------+
| Intelligence        | \$110    | 1        | 110      | 54         |
| Research Specialist |          |          |          |            |
+---------------------+----------+----------+----------+------------+
| Paralegal           | \$67     | 1        | 67       | 41         |
+---------------------+----------+----------+----------+------------+
| Secretary           | \$56     | 1        | 56       | 21         |
+---------------------+----------+----------+----------+------------+
| Total Personnel     |          | 11       | \$1,203  | \$456      |
+---------------------+----------+----------+----------+------------+

[Non-Personnel Increase Cost Summary]{.underline}

+----------------------+----------+----------+----------+------------+
| Non-Personnel Item   | Unit     | Quantity | FY 2008  | FY 2009    |
|                      | Cost     |          |          | Net        |
|                      |          |          | Request  |            |
|                      |          |          |          | Ann        |
|                      |          |          | (\$000)  | ualization |
|                      |          |          |          |            |
|                      |          |          |          | (\$000)    |
+----------------------+----------+----------+----------+------------+
| Travel for ATACs     |          |          | \$128    | \$0        |
+----------------------+----------+----------+----------+------------+
| Total Non-Personnel  |          |          | \$128    | \$0        |
+----------------------+----------+----------+----------+------------+

Total Request for this Item

+------------+------+------+-----+-----------+----------+----------+
|            | Pos  | Atty | FTE | Personnel | Non-P    | Total    |
|            |      |      |     |           | ersonnel |          |
|            |      |      |     | (\$000)   |          | (\$000)  |
|            |      |      |     |           | (\$000)  |          |
+------------+------+------+-----+-----------+----------+----------+
| Current    | 59   | 41   | 59  |           |          | \$10,736 |
| Services   |      |      |     |           |          |          |
+------------+------+------+-----+-----------+----------+----------+
| Increases  | 11   | 8    | 6   | \$1,203   | \$128    | 1,331    |
+------------+------+------+-----+-----------+----------+----------+
| Grand      | 70   | 49   | 65  |           |          | \$12,067 |
| Total      |      |      |     |           |          |          |
+------------+------+------+-----+-----------+----------+----------+

**Item Name: [Crisis Preparedness and Management]{.underline}**

**Budget Decision Unit:** National Security Division

**Strategic Goal & Objective:** Strategic Goal 1: Prevent Terrorism and
Promote the Nation's Security; Objective 1.2 Investigate and prosecute
those who have committed, or intend to commit, terrorist acts in the
United States.

**Organizational Program:** Crisis Preparedness and Management Office
(new)

**Program Increase**: Positions: [5]{.underline} Atty: [2]{.underline}
FTE: [3]{.underline} Dollars: [\$433,000]{.underline}

[Description of Item]{.underline}

This request establishes NSD's Crisis Preparedness and Management
Office, which will be a new component of the NSD, and which will provide
focused attention on planning for and managing responses to terrorist
and other catastrophic events affecting national security.

[Justification]{.underline}

**Crisis Preparedness and Management Office**

The Department lacks a single component, internal mechanism or structure
to comprehensively and effectively engage in strategic planning to
address preparedness and crisis response issues. Our national security
is directly related to our ability to address acts of terrorism as well
as other national security threats and emergencies. True preparedness
requires an organized, deliberate and focused approach, apart from the
urgency of a particular existing crisis, and with more coordination both
within the Department and with other agencies. Remedies devised in the
midst of crisis may not reflect our best thinking or most desirable
solutions.

The formation of the NSD offers an opportunity to address this
deficiency. Additional Department resources, including a supervisory
attorney, professional staff, and support personnel, must be allocated
to handle these responsibilities in a focused and integrated fashion.
The NSD needs sufficient resources to ensure that this critical function
is properly executed.

The function is currently addressed by the CTS, by a single attorney (an
experienced Assistant United States Attorney on detail to the Section)
serving as the Department's National Crisis Management Coordinator. Due
to the lack of resources and structure in the Department to handle
preparedness and response issues, this attorney is frequently tasked to
represent the Department at interagency meetings, to staff the DHS-led
Interagency Incident Management Group, and to assist with other special
projects. These projects are often time-consuming and labor intensive;
they include, for example, the recent tasking to assist the Homeland
Security Council with the Law Enforcement, Public Safety and Security
portion of the National Implementation Plan for the Pandemic Influenza
Strategy. These assignments have consumed the full time and attention of
the National Crisis Management Coordinator and precluded him from
attending to other important responsibilities--including the oversight
of the Crisis Management Coordinator program and the development of and
participation in exercises to effectively prepare prosecutors to
function in crisis situations--each of which, in turn, would consume the
substantial majority of his time.

The Crisis Preparedness and Management Office will have responsibility
for oversight of the Crisis Management Coordinator program, including
review of crisis response plans for all 94 U.S. Attorneys' Offices and
providing guidance and resources in support thereof. This includes
educating all 94 U.S. Attorneys' Offices on the revised federal
authorities for responding to terrorist and other critical incidents and
on the new all hazards approach reflected in the National Response Plan
and the ongoing revisions and updates to that plan. In addition, the
Office will play a significant role in interagency working groups
addressing revised authorities for resolution of terrorist acts and
other national emergencies, as well as in domestic and international
special events planning and preparedness. A few examples of such matters
handled by the section in recent years include: representing the United
States in the Command Center of the Winter Olympics in Italy; providing
resources to assist in the event of a terrorist or other critical
incident during the Olympics which might impact the United States or its
interests; representing the Department in more than 10 national and
international terrorism preparedness exercises; and participation in the
planning process for several exercises conducted for national leadership
officials, including the Senior Officials Exercise series, the TOPOFF
series, the Eligible Receiver series, continuity of government exercises
sponsored by the White House, and numerous others.

The Katrina Lessons Learned report points to an increasingly important
focus on exercises and other preparedness efforts as well as the
development of a cadre of experienced personnel to handle these
responsibilities. These functions require a permanent, dedicated
National Coordinator with specific expertise dedicated to the management
and oversight of these important functions, as well as professional and
support staff to effectively fulfill these functions. These critical
matters require a cadre charged with strategic thinking about these
issues, a conclusion supported by the Katrina Lessons Learned report.
Lack of sufficient resources to devote to these responsibilities has
limited the Department's ability to operate effectively in the national
preparedness arena.

This function should be housed in a free-standing Office, reporting to
the Assistant Attorney General, rather than in the CTS. This will ensure
that those assigned to the Office can devote their full time and energy
to its mission, and that they will not be pulled away to address
short-term operational demands.

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

Dedicated resources in the Crisis Preparedness and Management Office
will enhance the NSD's ability to promote the nation's security by
ensuring that sufficient, focused attention is devoted to planning for
and managing responses to terrorist and other catastrophic events.
Current capacity, with the planning function assigned to one detailed
attorney assigned to the Counterterrorism Section, has proven
insufficient to meet crisis planning and management needs.

Funding

[Base Funding]{.underline}

  --------------------------- -------------------- ------------------- ----------------------- --------------------- -------------------- ------------------- ----------------------- ----------------------- -------------------- ------------------- -----------------------
  [FY 2006                                                                                     [FY 2007 President's                                                                   [FY 2008 Current                                                 
  Availability]{.underline}                                                                    Budget]{.underline}                                                                    Services]{.underline}                                            

  [Pos]{.underline}           [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}   [Pos]{.underline}     [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}   [Pos]{.underline}       [Atty]{.underline}   [FTE]{.underline}   [\$(000)]{.underline}

  0                           0                    0                   0                       0                     0                    0                   0                       0                       0                    0                   0
  --------------------------- -------------------- ------------------- ----------------------- --------------------- -------------------- ------------------- ----------------------- ----------------------- -------------------- ------------------- -----------------------

[Personnel Increase Cost Summary]{.underline}

+-------------------+----------+----------+-------------+------------+
| Type of Position  | Modular  | Number   | FY 2008     | FY 2009    |
|                   | Cost     | of       |             | Net        |
|                   |          | P        | Request     |            |
|                   | per      | ositions |             | Ann        |
|                   | Position | R        | (\$000)     | ualization |
|                   |          | equested |             |            |
|                   | (\$000)  |          |             | (\$000)    |
+-------------------+----------+----------+-------------+------------+
| Attorney          | \$121    | 2        | \$242       | \$140      |
+-------------------+----------+----------+-------------+------------+
| Program Analyst   | \$67     | 2        | 134         | 81         |
+-------------------+----------+----------+-------------+------------+
| Clerical          | \$56     | 1        | 56          | 41         |
+-------------------+----------+----------+-------------+------------+
| Total Personnel   |          | 5        | \$433       | \$262      |
+-------------------+----------+----------+-------------+------------+

[Non-Personnel Increase Cost Summary]{.underline}

+-------------------+----------+----------+-------------+------------+
| Non-Personnel     | Unit     | Quantity | FY 2008     | FY 2009    |
| Item              | Cost     |          | Request     | Net        |
|                   |          |          |             |            |
|                   |          |          | (\$000)     | Ann        |
|                   |          |          |             | ualization |
|                   |          |          |             |            |
|                   |          |          |             | (\$000)    |
+-------------------+----------+----------+-------------+------------+
|                   |          |          |             |            |
+-------------------+----------+----------+-------------+------------+
| Total             |          |          | 0           | 0          |
| Non-Personnel     |          |          |             |            |
+-------------------+----------+----------+-------------+------------+

[Total Request for this Item]{.underline}

+------------+------+------+-----+-----------+----------+-----------+
|            | Pos  | Atty | FTE | Personnel | Non-P    | Total     |
|            |      |      |     |           | ersonnel |           |
|            |      |      |     | (\$000)   |          | (\$000)   |
|            |      |      |     |           | (\$000)  |           |
+------------+------+------+-----+-----------+----------+-----------+
| Current    | 0    | 0    | 0   |           |          | \$0       |
| Services   |      |      |     |           |          |           |
+------------+------+------+-----+-----------+----------+-----------+
| Increases  | 5    | 2    | 3   | \$433     | \$0      | 433       |
+------------+------+------+-----+-----------+----------+-----------+
| Grand      | 5    | 2    | 3   |           |          | \$433     |
| Total      |      |      |     |           |          |           |
+------------+------+------+-----+-----------+----------+-----------+

**Item Name: Policy and Legal Analysis and Coordination**

**Budget Decision Unit**: National Security Division

**Strategic Goal and Objective**: Strategic Goal 1: Prevent Terrorism
and Promote the Nation's Security; 1.1 Prevent, disrupt, and defeat
terrorist operations before they occur; 1.2 Investigate and prosecute
those who have committed, or intend to commit, terrorist acts in the
United States; 1.3 Combat espionage against the United States by
strengthening counterintelligence capabilities.

**Organizational Program**: National Security Division

**Program Increase**: Positions: [12]{.underline} Atty: [8]{.underline}
FTE: [6]{.underline} Dollars: [\$1,216,000]{.underline}

[Description of Item]{.underline}:

This request establishes NSD's Law and Policy Office, which is a new
component of the NSD that will coordinate with other agencies and
provide policy advice to the Assistant Attorney General for the NSD and
all Department components on national security and related matters.

[Justification]{.underline}

The Law and Policy Office's mission will be to provide legal and policy
guidance and support for investigation and prosecution of those who have
committed or intend to commit terrorist acts or espionage in the United
States and against U.S. interests at home and abroad. In addition, the
Office will propose and implement policy initiatives and provide
thoughtful, innovative and constructive legal guidance that balances the
equities of the intelligence community and law enforcement. These
policies and initiatives will support the overall efforts of the NSD,
the Department and the Administration to:

-   Strengthen counterterrorism investigative capabilities to identify,
    track, and prevent terrorist cells from operating in the United
    States and overseas;

-   Continue to build intelligence gathering capabilities; and

-   Improve information sharing and coordination with federal, State,
    local, and international partners

    Since 9/11, several factors have contributed to the significant
    increase in national security related litigation, including, most
    notably, the fact that the Department has brought more
    counterterrorism-related prosecutions. Many of these cases have
    involved seldom used or new criminal statutes and, consequently,
    scant judicial guidance exists on the scope of the statutes,
    elements of the offenses, and related issues. Other cases have been
    international or extraterritorial in scope and involved seldom
    litigated constitutional and/or statutory issues.

    Finally, many of the cases have involved the Classified Information
    Procedures Act (CIPA) and/or the Foreign Intelligence Surveillance
    Act (FISA) and the complex issues related to those statutes. This
    increase in national security-related litigation will likely
    continue; consequently, the NSD must develop and institutionalize
    expertise within the Division in these cutting-edge areas of the
    law. The NSD must have policy resources it controls which are
    responsive to its established priorities in order to focus
    exclusively on the many novel and complex issues it will confront in
    future matters.

    One important benefit from consolidating the Department's primary
    national security elements under a new Assistant Attorney General
    for National Security is that, in an era when it is increasingly
    important to balance intelligence and law enforcement
    responsibilities, the NSD will be able to provide more thoughtful,
    innovative and constructive legal and policy guidance. The Law and
    Policy Office will provide this focus. Although the Division has
    some resources available to address policy issues,[^1] these
    resources are routinely diverted to meet pressing operational
    demands. Thus, policy takes a back seat to operational demands in
    all NSD components. If the NSD is to fulfill its promise to be the
    focal point for the Department's interface with the Intelligence
    Community on legal and policy issues, it needs a strong and
    independent capacity to shoulder these responsibilities. Specific
    responsibilities and functions to be performed by the Law and Policy
    Office include:

-   Analysis and policy guidance on significant FISA legal issues,
    including jurisdictional issues raised by the FISA Court,
    minimization procedures, questions concerning use and derivative
    use, FISA use in non-criminal proceedings, pen register/trap and
    trace issues, cell site location and metadata, among others;

-   Coordination of criminal law appellate issues with the Criminal
    Division's Appellate Section;

-   Legislative drafting to address national security issues,
    procedures, and investigative tools, as well as terrorism,
    espionage, and related matters, based on the Office's own initiative
    and on suggestions generated by the litigating components, the FISA
    Operations Section, and U.S. Attorneys' Offices;

-   Drafting, revising, reviewing and commenting on pertinent Attorney
    General Guidelines, including national security guidelines for the
    FBI, Departments of Defense, Homeland Security and Energy, U.S.
    Coast Guard, and other agencies; guidelines for undercover
    operations and otherwise illegal activities; and handling of issues
    raised by agency interpretations and applications of their
    guidelines that are inconsistent with AG Guidelines;

-   Drafting of monographs and legal guidance to NSD attorneys and
    prosecutors in U.S. Attorneys' Offices on national security issues,
    tools, procedures and legislation;

-   Representing the NSD and, when appropriate, the Department, on
    interagency working groups, committees and boards addressing
    national security issues and concerns including the drafting of new
    NSPDs on national security issues, designation of terrorist groups
    or individuals, hostage and personnel recovery working groups,
    information sharing working groups, National Combating Terrorism
    Strategy and Regional Strategies, terrorist financing, terrorist use
    of the internet, WMD and chemical, biological, radiological and
    nuclear (CBRN) terrorism and proliferation, maritime and piracy
    issues, Communications Assistance for Law Enforcement Act (CALEA)
    issues, and Committee on Foreign Investment in the United States
    (CFIUS) issues;

-   Guidance and implementation concerning the National Intelligence
    Plan promulgated by the Director of National Intelligence (the CTS
    alone has identified more than 100 separate tasks in which it has a
    role);

-   Overseeing and staffing sensitive projects, including drafting model
    pleadings, strategizing new or novel approaches with global effect
    that require a sea-change in approach, etc.;

```{=html}
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```
-   •Drafting of briefing papers, testimony and responses to questions
    for the record on a wide range of terrorism and national security
    issues as needed, as well as review and comment on legislation,
    testimony and related items from other Department components and
    other agencies, relieving other NSD components of much of this
    burden;[^2] and

```{=html}
<!-- -->
```
-   Development of policy and strategic plans related to crisis response
    and preparedness issues and guidance to Department components and
    U.S. Attorneys' offices on these matters.

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

    Dedicated resources in the Law and Policy Office will provide
    expertise and focus on National security policy issues, freeing the
    operational components to concentrate on the development and use of
    intelligence information, investigations, and prosecutions. In
    consultation with and closely aligned with the interests and
    concerns of the operational components, the Law and Policy Office
    will address broad policy issues and integrated strategy for the NSD
    as a whole, and support the Assistant Attorney General's role
    vis-à-vis the Director of National Intelligence and the Intelligence
    Community. The Law and Policy Office will develop a cadre to
    interact with, consult with, and advise NSD components on national
    security law and policy and its application in investigations and
    cases. The Law and Policy Office will work in close coordination and
    consultation with the Office of Legal Policy and the Office of Legal
    Counsel but will provide specific focus and attention to the initial
    steps in the development of national security policy that these
    existing components are unable to devote because of their broader,
    Department-wide missions.

    **[Funding]{.underline}**

    [Current Services Funding]{.underline}

  --------------------------- ------ ----- --------- --------------------- ------ ----- --------- ----------------------- ------ ----- ---------
  [FY 2006                                           [FY 2007 President's                         [FY 2008 Current                     
  Availability]{.underline}                          Budget]{.underline}                          Services]{.underline}                

  Pos                         Atty   FTE   \$(000)   Pos                   Atty   FTE   \$(000)   Pos                     Atty   FTE   \$(000)

  4                           4      4     \$733     4                     4      4     \$714     4                       4      4     \$752
  --------------------------- ------ ----- --------- --------------------- ------ ----- --------- ----------------------- ------ ----- ---------

Base availability funding is an estimate based on total Criminal
Division funding transferred to NSD in the FY 2007 budget.

Funds are prorated based on total number of positions transferred.

[Personnel Increase Cost Summary]{.underline}

+--------------+------------+------------+------------+--------------+
| Type of      | Modular    | Number of  | FY 2008    | FY 2009      |
| Position     | Cost       |            |            |              |
|              |            | Positions  | Request    | Net          |
|              | per        |            |            | A            |
|              | Position   | Requested  |            | nnualization |
|              |            |            |            |              |
|              |            |            |            | (\$000)      |
+--------------+------------+------------+------------+--------------+
| Attorney     | 121        | 8          | \$969      | \$556        |
+--------------+------------+------------+------------+--------------+
| Program      | 67         | 2          | 134        | 81           |
| Analyst      |            |            |            |              |
+--------------+------------+------------+------------+--------------+
| Clerical     | 56         | 2          | 112        | 41           |
+--------------+------------+------------+------------+--------------+
| Total        | 0          | 0          | \$1,216    | \$678        |
| Personnel    |            |            |            |              |
+--------------+------------+------------+------------+--------------+

[Total Request for this Item]{.underline}

+------------+------+------+-----+-----------+----------+------------+
| Item       | Pos  | Atty | FTE | Personnel | Non-P    | Total      |
|            |      |      |     |           | ersonnel |            |
|            |      |      |     | (\$000)   |          | (\$000)    |
|            |      |      |     |           | (\$000)  |            |
+------------+------+------+-----+-----------+----------+------------+
| Current    | 4    | 4    | 4   |           |          | \$752      |
| Services   |      |      |     |           |          |            |
+------------+------+------+-----+-----------+----------+------------+
| Increases  | 12   | 8    | 6   | \$1,216   | \$0      | 1,216      |
+------------+------+------+-----+-----------+----------+------------+
| Grand      | 16   | 12   | 10  |           |          | \$1,968    |
| Total      |      |      |     |           |          |            |
+------------+------+------+-----+-----------+----------+------------+

**Item Name: [Justice for Victims of Overseas Terrorism]{.underline}**

**Strategic Goal and Objective**: Strategic Goal 1: Prevent Terrorism
and Promote the Nation's Security; 1.1 Prevent, disrupt, and defeat
terrorist operations before they occur; 1.2 Investigate and prosecute
those who have committed, or intend to commit, terrorist acts in the
United States

**Organizational Program**: Office of Justice for Victims of Overseas
Terrorism

**Program Increase**: Positions: [3]{.underline} Atty: [1]{.underline}
FTE: [2]{.underline} Dollars: [\$463,000]{.underline}

[Description of Item]{.underline}

This request provides staffing to the Office of Justice for Victims of
Overseas Terrorism (OJVOT), which was established pursuant to the
Department of Justice FY 2005 Appropriations Act.

[Justification]{.underline}

Section 126 of the Department of Justice Appropriations Act of 2005
required the Department to establish an \"Office of Justice for Victims
of Overseas Terrorism \... to ensure that the investigation and
prosecution of \[terrorist\] deaths of American citizens overseas are a
high priority within the Department of Justice.\" In response, the OJVOT
was established within the Office of the Assistant Attorney General for
the Criminal Division on May 3, 2005. Currently, the Office has 1
Counterterrorism Section attorney (who also works on other
counterterrorism matters) assigned to it. Among other things, the office
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.

Although OJVOT does not have operational responsibility for the
investigation and prosecution of terrorist attacks against Americans
overseas, it has regular and direct interface with the Counterterrorism
Section, which will retain primary responsibility for oversight and
coordination of prosecutions, in conjunction with the United States
Attorneys' Offices, as appropriate. In fact, many of the matters in
which the Office has been involved since its inception have not become
"cases" at all. For example, there are numerous investigations into
murders of American citizens in the Middle East in which no individual
or group has yet been indicted. In each of these matters, OJVOT has
become involved because of issues raised by victims or families of
victims which relate to the obstacles in bringing U.S. criminal charges.
To carry out the Congressional mandate, joint efforts with the
Department of State are required on the interagency task force. Further
responsibilities of the Office, delineated by the Attorney General,
require additional dedicated resources.

The specific responsibilities of the OJVOT are as follows:

-   Work with the Counterterrorism Section and the United States
    Attorneys' Offices to help fulfill obligation under Section 126 of
    the Department of Justice Appropriations Act of 2005 to ensure that
    the investigation and prosecution of terrorist acts resulting in the
    death of American citizens overseas are a high priority within the
    DOJ.

-   Fulfill the obligation under Section 126 of the Department of
    Justice Appropriations Act of 2005 to facilitate the creation and
    coordination of a Department of Justice and Department of State task
    force to be activated in the event of a terrorist incident against
    Americans overseas.

-   Implement an Attorney General directive requiring OJVOT to: (1)
    monitor the investigation and prosecution of terrorist attacks
    against Americans abroad; (2) work with the Criminal Division's
    Victim-Witness Coordinator, the FBI, the United States Attorney's
    Offices, and other pertinent components to ensure that the rights of
    victims and their families are honored and respected; (3) compile
    pertinent data and statistics; (4) respond to Congressional and
    citizen inquiries on the Department's response to such attacks;
    and (5) file necessary reports with Congress.

-   Identify and attempt to resolve major policy issues related to the
    investigation and prosecution of overseas terrorism cases. These
    issues often include questions implicating foreign policy,
    legislation and/or regulatory regimes regarding the treatment of
    victims and the response of the United States government to
    particular terrorist incidents.

    Included in this request are 1 attorney (for total attorney strength
    of 2) and 2 victim coordinators. The attorney will work on the major
    policy and regulatory issues in particular cases as well projects
    related to the broader obstacles to successful overseas terrorism
    prosecutions. Many of these issues are highly sensitive and complex.
    The attorney will also work on incoming correspondence from Congress
    and victims or victims rights groups, and meet with victims and
    victims' families. The victim coordinators will not duplicate the
    efforts of other victim witness coordinators in the FBI and the U.S.
    Attorney's Offices. Rather, the OJVOT victim coordinators will
    coordinate closely with them and will focus their efforts on victim
    outreach where these other entities have not become involved, or
    where additional outreach is necessary. Unfortunately, there are
    enough matters in which Americans have been killed overseas to
    justify additional resource allocation without risking overlap.

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

    Congress has repeatedly sought legislation to ensure that the
    investigation and prosecution of terrorist acts resulting in the
    deaths of American citizens overseas are a high priority within the
    DOJ. Such investigations and prosecutions have long been a high
    priority for the Department, and a critical element of carrying out
    that priority is the manner in which the Department handles the
    needs of victims and their families. American victims of terrorist
    attacks overseas are entitled to the same rights as victims of
    crimes in the United States. 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. The Department must
    be given sufficient resources to carry out these important duties.

    **Funding**

    [Current Services Funding]{.underline}

  --------------------------- ------ ----- --------- --------------------- ------ ----- --------- ----------------------- ------ ----- ---------
  [FY 2006                                           [FY 2007 President's                         [FY 2008 Current                     
  Availability]{.underline}                          Budget]{.underline}                          Services]{.underline}                

  Pos                         Atty   FTE   \$(000)   Pos                   Atty   FTE   \$(000)   Pos                     Atty   FTE   \$(000)

  1                           1      1     \$100     1                     1      1     \$177     1                       1      1     \$181
  --------------------------- ------ ----- --------- --------------------- ------ ----- --------- ----------------------- ------ ----- ---------

Base availability funding is an estimate based on total Criminal
Division funding transferred to NSD in the FY 2007 budget.

Funds are prorated based on total number of positions transferred.

[Personnel Increase Cost Summary]{.underline}

+---------------------+----------+-----------+-----------+------------+
| Type of Position    | Modular  | Number of | FY 2008   | FY 2009    |
|                     | Cost     |           |           |            |
|                     |          | Positions | Request   | Net        |
|                     | per      |           |           | Ann        |
|                     | Position | Requested |           | ualization |
|                     | (\$000)  |           |           | (\$000)    |
+---------------------+----------+-----------+-----------+------------+
| Attorney            | \$179    | 1         | \$179     | \$43       |
+---------------------+----------+-----------+-----------+------------+
| Victim Witness      | \$142    | 2         | 284       | 54         |
| Coordinator         |          |           |           |            |
+---------------------+----------+-----------+-----------+------------+
| Total Personnel     |          | 3         | \$463     | \$97       |
+---------------------+----------+-----------+-----------+------------+

Total Request for this Item

  ------------- ------- -------- -------- ----------- --------------- -----------
  Item          Pos     Atty     FTE      Personnel   Non-Personnel   Total
                                          (\$000)     (\$000)         

  Current       1       1        1                                    \$181
  Services                                                            

  Increases     3       1        2        \$463       \$0             463

  Grand Total   4       2        3                                    \$644
  ------------- ------- -------- -------- ----------- --------------- -----------

Appendix

[^1]: 1The FISA Operations Section (formerly the Office of Intelligence
    Policy and Review) identifies one senior manager devoted primarily
    to policy issues, with the function also embedded in a number of
    attorneys throughout the office. CTS has an 8-person unit
    responsible for policy, only three attorneys of which primarily deal
    with policy issues; the remaining 5 attorneys largely handle
    litigation and litigation-related matters. Thus baseline resources
    devoted primarily to policy in the existing NSD components consist
    of 4 attorneys.

[^2]: 2 In the second quarter of FY 2006, the most recent period in
    which such items were tracked, the Counterterrorism Section alone
    handled over 800 such items.