National Security Division

NSD Organizational Chart

History

The National Security Division (NSD) was created in March 2006 by the USA PATRIOT Reauthorization and Improvement Act (Pub. L. No. 109-177). The creation of NSD consolidated the Justice Department’s primary national security operations: the former Office of Intelligence Policy and Review and the Counterterrorism and Counterespionage Sections of the Criminal Division. The Office of Law and Policy, the Foreign Investment Review Section, the National Security Cyber Section, and the Executive Office, as well as the Office of Justice for Victims of Overseas Terrorism (which previously operated out of the Criminal Division, complete NSD. The Division commenced operations in September 2006 upon the swearing in of the first Assistant Attorney General for National Security.

Mission

The mission of NSD is to carry out the Department's highest priority: to protect and defend the United States against the full range of national security threats, consistent with the rule of law. NSD is designed to ensure greater coordination and unity of purpose between prosecutors and law enforcement agencies on the one hand, and intelligence attorneys and the Intelligence Community (IC) on the other, thus strengthening the effectiveness of the Federal Government's national security efforts.

NSD is led by an Assistant Attorney General, who is supported by a Principal Deputy Assistant Attorney General, Chief of Staff, four Deputy Assistant Attorneys General who oversee the Division’s components, General Counsel, and Executive Officer.

Major Functions

The major functions of the National Security Division are:

1. Counterintelligence and Export Control.
   • Developing and supervising the investigation and prosecution of espionage and related cases through coordinated efforts and close collaboration with DOJ leadership, the Federal Bureau of Investigation (FBI), the IC, and the 94 United States Attorneys’ Offices (USAOs);
   • Coordinating, developing, and supervising investigations and prosecutions into the unlawful export of military and strategic commodities and technology and violations of sanctions;
   • Coordinating, developing, and supervising investigations and prosecutions involving the unauthorized disclosure of classified information;
   • Providing advice and assistance to prosecutors nationwide regarding the application of the Classified Information Procedures Act (CIPA);
   • Enforcing the Foreign Agents Registration Act of 1938 (FARA) and related disclosure statutes;
   • Coordinating with interagency partners the use of all tools to protect our national assets, including use of law enforcement tools, economic sanctions, and diplomatic solutions; and
   • Conducting corporate and community outreach relating to issues that involve the protection of our national assets, export control and sanctions, and foreign influence.
2. Counterterrorism.
   • Promoting and overseeing a coordinated national counterterrorism enforcement program, through close collaboration with DOJ leadership, the National Security Branch of the FBI, the IC, and the 94 USAOs;
   • Developing national strategies for combating emerging and evolving terrorism threats, including the threat of cyber-based terrorism;
   • Overseeing and supporting the National Security Anti-Terrorism Advisory Council (ATAC) program by:
     1. Collaborating with prosecutors nationwide on terrorism matters, cases, and threat information;
     2. Maintaining an essential communication network between DOJ and USAOs for the rapid transmission of information on terrorism threats and investigative activity; and
     3. Managing and supporting ATAC activities and initiatives.
   • Consulting, advising, training, and collaborating with prosecutors nationwide on international and domestic terrorism investigations, prosecutions, and appeals, including the use and protection of classified information through the application of CIPA;
   • Sharing information with and providing advice to international prosecutors, agents, and investigating magistrates to assist in addressing international threat information and litigation initiatives; and
   • Managing DOJ’s work on counterterrorism financing programs, including supporting the process for designating Foreign Terrorist Organizations and Specially Designated Global Terrorists, as well as staffing United States Government efforts on the Financial Action Task Force.
3. Foreign Investment, Telecommunications, and Technology Supply Chains.
   • Performing DOJ’s staff-level work on the Committee on Foreign Investment in the United States (CFIUS), which reviews foreign acquisitions of domestic entities and certain other transactions that might affect national security, and makes recommendations to the President on whether such transactions pose risk to national security requiring prohibition or divestment;
   • Identifying unreported transactions that might merit CFIUS review;
   • Providing advice and contributing to the interagency development of the Department of Treasury’s (TREAS) implementation of the outbound-investment program under Executive Order 14105 (August 9, 2023), which regulated United States investments in certain technology sectors in countries of concern;
   • Fulfilling the Attorney General’s role as Chair of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (also known as Team Telecom) pursuant to Executive Order 13913 (April 4, 2020), which is the interagency group through which the Executive Branch responds to Federal Communication Commission (FCC) requests for views relating to the national security and law enforcement implications of certain transactions relating to FCC authorizations and licenses issued under the Communications Act of 1934, as amended, the Cable Landing License Act of 1921, and Executive Order 10530 (May 10, 1954), that involve foreign ownership, control, or investment;
   • Negotiating and monitoring transactions approved pursuant to both the CFIUS and Team Telecom processes for compliance with any mitigation agreements, and investigating and undertaking enforcement actions, when appropriate, for breaches of agreements and other violations;
   • Addressing national security threats posed by foreign-sourced technology, software, services, and equipment through the interagency exercise of a range of information and communications technology and services (ICTS) supply-chain authorities and other authorities, including making referrals to the Department of Commerce (DOC)  under Executive Order 13873 (May 15, 2019) and Executive Order 14034 (June 9, 2021), making referrals to the Federal Acquisition Security Council, and contributing to determinations to add equipment and services to the FCC’s Covered List;
   • Providing legal and litigation advice and policy support on broader legislative and policy matters involving issues at the intersection of national security, technology, and business, trade, and investment, including developing and commenting on proposed legislation and regulations, executive orders, National Security Council (NSC) policy committees, congressional briefings, international engagements with foreign partners and allies, and public outreach; and
   • Fulfilling the President’s Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern, which directs the Department of Justice, in consultation with other agencies, to issue regulations that prohibit or otherwise restrict U.S. persons from engaging in certain categories of transactions that involve U.S. Government-related data or bulk sensitive personal data, pose an unacceptable national security risk of access by countries of concern or covered persons subject to their jurisdiction, and meet other criteria specified by the Order.
4. Cyber Threats to National Security.
   • Developing and supervising the investigation, prosecution, and disruption of cyber-enabled attacks, theft, intelligence-gathering, foreign malign influence and related cases that implicate national security through coordinated efforts and close collaboration with DOJ leadership, the FBI, the IC, and the 94 USAOs;
   • Coordinating, developing, and supervising national strategies for combating cyber-enabled attacks, intelligence-gathering, malign influence;
   • Providing advice and assistance to prosecutors nationwide regarding the application of CIPA in cyber-related investigations;
   • Coordinating with interagency and foreign partners the use of all tools to protect United States and allied national assets from state-sponsored and other cyber threats to national security, including use of law enforcement tools, economic sanctions, and diplomatic solutions; and
   • Conducting corporate and community outreach relating to cybersecurity.
5. Intelligence Operations, Oversight, and Litigation.
   • Ensuring that IC agencies have the legal tools necessary to conduct foreign intelligence collection under the Foreign Intelligence Surveillance Act (FISA);
   • Representing the United States before the Foreign Intelligence Surveillance Court (FISC) and Foreign Intelligence Surveillance Court of Review (FISC-R) to obtain authorization under FISA for IC agencies to conduct foreign intelligence collection activities;
   • Providing legal advice to IC agencies on the interpretation of FISA and FISA-related legal procedures;
   • Overseeing certain foreign intelligence and other national security activities of IC components to ensure compliance with the Constitution, statutes, FISC orders, and Executive Branch policies to protect individual privacy and civil liberties;
   • Monitoring certain intelligence and counterintelligence activities of the FBI to ensure conformity with applicable laws and regulations, FISC orders, and DOJ procedures, including the foreign intelligence and national security investigation provisions of the Attorney General's Guidelines for Domestic FBI Operations;
   • Fulfilling statutory, Congressional, and judicial reporting requirements related to FISA and other national security activities;
   • Coordinating and supervising FISA-related litigation matters, including the evaluation and review of requests to use information collected under FISA in criminal and non-criminal proceedings;
   • Providing advice and support on FISA-related legislative matters, including developing and commenting on FISA-related legislation; and
   • Serving as the Department’s Oversight Authority pursuant to CLOUD agreements negotiated between DOJ and foreign governments.
6. Victims of Overseas Terrorism.
   • Supporting United States citizen victims of overseas terrorism by helping them navigate foreign criminal justice systems and advocating for their voices to be heard around the world;
   • Collaborating closely with, and offering training to, interagency, foreign governmental, and private partners to assist United States citizen terrorism victims and help make terrorism prosecutions worldwide more trauma-informed and victim-centered;
   • Participating in the Council of Europe’s 24/7 counterterrorism network for victims of terrorism to provide timely and coordinated communication between designated government points of contact; and
   • Participating in the informal International Network to Support Victims of Terrorism and Mass Violence (INVICTM), which is composed of government and non-government direct service providers to cross border victims of international terrorism attacks worldwide.
7. Policy and Other Legal Issues.
   • Handling appeals in cases involving national security-related prosecutions, and providing views on appellate issues that may impact national security in other civil, criminal, and military commissions cases;
   • Providing legal and policy advice on the national security aspects of cybersecurity policy and cyber-related operational activities;
   • Providing advice and support on national security issues that arise in an international context, including assisting in bilateral and multilateral engagements with foreign governments and working to build counterterrorism capacities of foreign governments and enhancing international cooperation;
   • Providing advice and support on legislative matters involving national security issues, including developing and commenting on legislation, supporting departmental engagements with members of Congress and congressional staff, and preparing testimony for senior NSD and DOJ leadership;
   • Providing legal assistance and advice on matters arising under national security laws and policies and overseeing the development, coordination, and implementation of DOJ-wide policies regarding intelligence, counterintelligence, counterterrorism, and other national security matters;
   • Developing a training curriculum for prosecutors and investigators on cutting-edge tactics, substantive law, and relevant policies and procedures; and
   • Supporting DOJ’s participation in the NSC.