NATIONAL SECURITY DIVISION U.S. Department of Justice Table of Contents
I. Overview 1 II Summary of Program Changes ……….. 8 III. Appropriations Language and Analysis of Appropriations Language 9
IV. Decision Unit Justification 10
National Security Division 10
1. Program Description 10
2. Performance Tables 12
3. Performance, Resources, and Strategies 15
V. Program Increases by Item 29 A. Intelligence Oversight and Litigation 29
B. Counterterrorism and Investigation Prosecution 34
C. Foreign Investment Review 38
D. Continuity of Operations Relocation Site 45
VI. Program Offsets by Item 49 VII. Exhibits 50
B. Summary of Requirements
C. Program Increases by Decision Unit
Resources by DOJ Strategic Goal/Objective
Justification for Base Adjustments
Crosswalk of 2009 Availability
Crosswalk of 2010 Availability
Summary of Reimbursable Resources (Not Applicable)
Detail of Permanent Positions by Category
Financial Analysis of Program Increases/Offsets
Summary of Requirements by Grade
Summary of Requirements by Object Class
Status of Congressionally Requested Studies, Reports, and Evaluations (Not Applicable)
VIII. Back-up Exhibit: Program Changes by Decision Unit to Strategic Goal
I. Overview for the National Security Division A. Introduction For FY 2011, the National Security Division (NSD) requests a total of 363 permanent positions (including 247 attorneys), 355 FTE, and $99,537,000. This request includes a total program change of $11,599,000 (including $4,027,000 in adjustments-to-base), 17 permanent positions (including 11 attorneys), and 9 FTE. The NSD’s total requested program improvements for FY 2011 will expand the Division=s support of Goal One of the Department of Justice’s Strategic Plan: Prevent Terrorism and Promote the Nation=s Security.
The NSD is requesting $2,495,000, 0 positions, and 0 FTE for information technology enhancements.
Electronic copies of the Department of Justice’s Congressional Budget Justifications and Capital Asset Plan and Business Case exhibits can be viewed or downloaded from the Internet using the Internet address: http://www.usdoj.gov/jmd/2011justification/.
B. Background The mission of the NSD of the Department of Justice (DOJ) is to carry out the Department=s highest priority: to combat terrorism and other threats to national security. The NSD, which consolidates the Department=s primary national security elements within a single Division, currently consists of the Office of Intelligence (OI); the Counterterrorism Section (CTS); the Counterespionage Section (CES); the Office of Justice for Victims of Overseas Terrorism (OVT); and the Law and Policy Office. This organizational structure ensures greater coordination and unity of purpose between prosecutors and law enforcement agencies, on the one hand, and intelligence attorneys and the Intelligence Community, on the other, thus strengthening the effectiveness of the Department=s national security efforts.
The NSD is led by an Assistant Attorney General and supported by three Deputy Assistant Attorneys General, who oversee the NSD=s components. The NSD=s major responsibilities include:
Intelligence Operations and Litigation:
Provide legal representation and counsel to agencies within the Intelligence Community to ensure that they have the legal tools necessary to conduct intelligence operations;
Represent the United States before the Foreign Intelligence Surveillance Court (FISC) to obtain authorization under the Foreign Intelligence Surveillance Act (FISA) for the United States government to conduct intelligence collection activities, such as electronic surveillance and physical searches;
Coordinate and supervise intelligence-related litigation matters, including evaluating and reviewing requests to use information collected under FISA in criminal and non-criminal proceedings and to disseminate FISA information; and
Serve, through the Assistant Attorney General for National Security, as the Department’s primary liaison to the Director of National Intelligence.
Promote and oversee a coordinated national counterterrorism enforcement program, through close collaboration with Department leadership, the National Security Branch of the Federal Bureau of Investigation (FBI), the Intelligence Community, and the 93 United States Attorneys’ Offices;
Oversee and support the Anti-Terrorism Advisory Council (ATAC) program by collaborating with prosecutors nationwide on terrorism matters, cases, and threat information; by maintaining an essential communication network between the Department and United States Attorneys’ Offices for the rapid transmission of information on terrorism threats and investigative activity; and by managing and supporting ATAC activities and initiatives;
Consult, advise, and collaborate with prosecutors nationwide on international and domestic terrorism investigations, prosecutions, and appeals, including the use of classified evidence through the application of the Classified Information Procedures Act (CIPA);
Share information with and provide advice to international prosecutors, agents, and investigating magistrates to assist in addressing international threat information and litigation initiatives; and
Develop training for prosecutors and investigators on cutting-edge tactics, substantive law, and relevant policies and procedures.
Supervise the investigation and prosecution of cases involving espionage and related statutes;
Support and oversee the expansion of investigations and prosecutions into the unlawful export of military and strategic commodities and technology by assisting and providing guidance to United States Attorneys’ Offices in the establishment of Export Control Proliferation Task Forces;
Coordinate and provide advice in connection with cases involving the unauthorized disclosure of classified information and support resulting prosecutions by providing advice and assistance with the application of CIPA; and
Enforce the Foreign Agents Registration Act of 1938 (FARA) and related disclosure statutes.
Oversee foreign intelligence, counterintelligence, and other national security activities to ensure compliance with the Constitution, statutes, and Executive Branch policies to protect individual privacy and civil liberties; and
Monitor the intelligence and counterintelligence activities of the FBI to ensure conformity with applicable laws and regulations, FISC orders, and Department procedures, including the foreign intelligence and national security investigation provisions of the Attorney General’s Guidelines for Domestic FBI Operations.
Law and Policy:
Oversee the development, coordination, and implementation, in conjunction with other components of the Department as appropriate, of legislation and policies concerning intelligence, counterintelligence, counterterrorism, and other national security matters;
Provide legal assistance and advice, in coordination with the Department’s Office of Legal Counsel as appropriate, to the Division, other components of the Department, the Attorney General, the White House, and Government agencies on matters of national security law and policy;
Perform prepublication classification review of materials proposed to be published by present and former Department employees;
Produce guidance on the interpretation and application of new terrorism statutes, regulations, and policies; and
Serve as the Department’s representative on interagency boards, committees, and other groups dealing with issues related to national security.
Perform the Department’s staff-level work on the Committee on Foreign Investment in the United States (CFIUS), which reviews foreign acquisitions of domestic entities that might affect national security and makes recommendations to the President on whether such transactions should be allowed to proceed, or if they have already occurred, should be undone;
Track and monitor certain transactions that have been approved, including those subject to mitigation agreements, and identify unreported transactions that might merit CFIUS review;
Respond to Federal Communication Commission (FCC) requests for the Department’s views relating to the national security implications of certain transactions relating to FCC licenses; and
Track and monitor certain transactions that have been approved, including those subject to mitigation agreements filed with the FCC.
Victims of Terrorism:
Establish and maintain the Office of Justice for Victims of Overseas Terrorism as required by Section 126 of the Department of Justice Appropriations Act of 2005 to ensure that the investigation and prosecution of terrorist attacks that result in the deaths and/or injuries of American citizens overseas remains a high priority within the Department; and
Ensure that the rights of victims and their families are honored and respected, and that victims and their families are supported and informed during the criminal justice process.
Strategic Goals and Accomplishments The NSD supports the Department’s Strategic Goals and Objectives in the areas of intelligence, strengthening partnerships, counterterrorism, and counterespionage.
FY 2011 NSD Request by Strategic Goal
DOJ Strategic Goal 1: Prevent Terrorism and Promote National Security Objectives:
Prevent, disrupt, and defeat terrorist operations before they occur
Strengthen partnerships to prevent, deter, and respond to terrorist incidents
Prosecute those who have committed, or intend to commit, terrorist acts in the United States
Combat espionage against the United States
National Security Division Accomplishments: The NSD’s achievements include:
Improved coordination between prosecutors and law enforcement agencies, on one hand, and intelligence attorneys and the Intelligence Community, on the other, to strengthen the effectiveness of the government’s counterterrorism and counterespionage efforts.
Re-organized the Office of Intelligence Policy and Review into the new Office of Intelligence, with three new sections to handle increased Foreign Intelligence Surveillance Act (FISA) workload, better coordinate FISA litigation and improve national security and intelligence oversight.
Created a new Office of Law and Policy to harmonize national security legal and policy functions for the entire Department.
Enhanced national security oversight to ensure FBI national security investigations comply with the nation’s laws, rules and regulations, including privacy interests and civil liberties.
Launched the National Export Enforcement Initiative to combat the growing threat posed by illegal foreign acquisition of controlled U.S. military and strategic technologies.
Promoted a national counterterrorism enforcement program through collaboration with Department leadership, the FBI, the Intelligence Community and the U.S. Attorneys’ Offices.
Processed record numbers of FISA applications submitted to the FISA Court, including 2,083 FISA applications in 2008 as compared to 932 FISA applications in 2001.
Funded and provided staffing for the Office of Justice for Victims of Overseas Terrorism, and designated 15 international terrorism events to allow for U.S. victim reimbursement.
Detailed positions to the Foreign Investment Review Staff to handle a dramatically increased workload in connection with the Committee on Foreign Investment in the United States.
C. Program Assessment No programs in this budget account have been subject to an OMB program assessment.
D. Full Program Costs The NSD has a single decision unit. Program activities include intelligence, counterterrorism, counterespionage and strengthening partnerships which are related to Strategic Goal 1, Prevent Terrorism and Promote the Nation=s Security, and its four Objectives. The costs by program activity include the base funding plus an allocation of the management and administration and the Law and Policy costs. The methodology used to allocate the overhead costs is based on the percentage of the total cost of the four program activities. These percentages are used to allocate the overhead costs.
E. Performance Challenges The top priority for the Department is to protect the nation from terrorist attacks while ensuring citizens= civil liberties are protected. The NSD has a dedicated Oversight Section to ensure that national security investigations are conducted in a manner consistent with the nation=s laws, regulations, and policies, including those designed to protect the privacy interests and civil liberties of U.S. citizens. This means NSD must broaden the scope of its national security oversight well beyond the Department=s traditional oversight role, which was primarily focused on the FBI=s use of FISA authorities. With NSD’s creation, Justice Department attorneys have the clear mandate to examine all aspects of the FBI=s national security program for compliance with laws, regulations, and policies.
The increased workload in OI's oversight responsibilities is imposed by a number of statutory and other legal authorities and Inspector General investigations, including oversight of FBI use of national security letters, and by the increased use of FISA collection, which in turn creates an enhanced need to ensure compliance with legal requirements. These new, complex and time-consuming missions brought challenges to keep up with adequate oversight attorney staffing and support personnel. To be adequately prepared to staff Department initiatives to fight terror, the Department needs to find ways to streamline and speed up the security clearance process so that new hires can be more quickly brought into the Department and to invest resources in clearing additional attorneys already in the Department who can be drawn on in an emergency to assist in investigative or prosecutorial activity related to terrorism.
F. Environmental Accountability The National Security Division (NSD) is actively involved in a variety of programs and activities that promote environmental responsibility. The NSD has participated in environmental awareness education through two informational sessions conducted by its Executive Office where the coordinator of the Department of Justice (DOJ) recycling program spoke to NSD staff. Educational materials on recyclable items as well as guidelines on how to routinely conserve energy were distributed. This resulted in NSD purchasing additional recycling bins for its staff that is now more active in the recycling program. In addition, NSD has been making significant efforts toward becoming as paperless as possible through automated processes and systems. The Executive Office is in the process of developing several systems that will significantly reduce the amount of paper used for day-to-day transactions, including an automated requisition process tool as well as tools for financial, budgetary, and personnel tracking. Furthermore, the Foreign Agents Registration Act Unit is in the process of developing a fully automated electronic filing system that will allow users to register and pay registration fees online. This will eliminate a significant amount of paper usage. Finally, the NSD participates in DOJ environmental initiatives, including the toner cartridge recycling and transit subsidy programs. The NSD will continue to organize similar informational sessions to further educate the staff, implement systems that support the NSD’s commitment toward environmental wellness, and participate in DOJ’s green programs.
II. Summary of Program Changes
Resources to support increased FISA and intelligence oversight staffing. Resources will support the National Security Review program and FBI’s use of National Security Letters, growing requests for intelligence collection activities and coordination from other parts of the Intelligence Community, other intelligence collection activities through FISA minimization reviews, and oversight of the use of FISA-derived information in criminal, civil and other court proceedings.
Counterterrorism and Investigation Prosecution
Resources to allow CTS to strengthen investigative and prosecutorial 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.
Foreign Investment Review
Resources to allow NSD to meet its increasing responsibilities as the Department=s representative on the CFIUS which reviews foreign acquisitions of domestic entities affecting national security.
Continuity of Operations (COOP) Relocation Site
Resources to fund the NSD catastrophic COOP relocation site, which is the location where essential classified functions will resume should a catastrophic situation occur. It is crucial to ensure continuity of NSD’s essential functions under all circumstances.