Sec. 506. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS
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## SEC. 506 DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS ###
(a)Assistant Attorney General for National Security ####
(1)In general Chapter 31 of title 28, United States Code, is amended by inserting after section 507 the following new section: > > ## “SEC. 507A Assistant Attorney General for National Security > > > ### “(a) > > Of the Assistant Attorneys General appointed under section 506, one shall serve, upon the designation of the President, as the Assistant Attorney General for National Security. > > > ### “(b) > > The Assistant Attorney General for National Security shall— > > > #### “(1) > > serve as the head of the National Security Division of the Department of Justice under section 509A of this title; > > > #### “(2) > > serve as primary liaison to the Director of National Intelligence for the Department of Justice; and > > > #### “(3) > > perform such other duties as the Attorney General may prescribe.” > . ####
(2)Additional assistant attorney general Section 506 of title 28, United States Code, is amended by striking “ten” and inserting “11”. ####
(3)Executive schedule matters Section 5315 of title 5, United States Code, is amended by striking the matter relating to Assistant Attorneys General and inserting the following:" “Assistant Attorneys General (11).”". ####
(4)Consultation of director of national intelligence in appointment Section 106(c)(2) of the National Security Act of 1947 (50 U.S.C. 403-6(c)(2)) is amended by adding at the end the following new subparagraph: > > ##### “(C) > > The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code.” > . ####
(5)Authority to act for attorney general under foreign intelligence surveillance act of 1978 Section 101(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(g)) is amended by striking “or the Deputy Attorney General” and inserting “, the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code”. ####
(6)Authorization for interception of communications Section 2516(1) of title 18, United States Code, is amended by inserting “or National Security Division” after “the Criminal Division”. ####
(7)Authority to act for attorney general in matters involving witness relocation or protection Section 3521(d)(3) of title 18, United States Code, is amended by striking “to the Assistant Attorney General in charge of the Criminal Division of the Department of Justice” and inserting “to any Assistant Attorney General in charge of the Criminal Division or National Security Division of the Department of Justice”. ####
(8)Prosecution of cases involving classified information Section 9A(a) of the Classified Information Procedures Act (18 U.S.C. App.) is amended by inserting “or the Assistant Attorney General for National Security, as appropriate,” after “Assistant Attorney General for the Criminal Division”. ####
(9)Intelligence and national security aspects of espionage prosecution Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004 (28 U.S.C. 519 note) is amended by striking “acting through the Office of Intelligence Policy and Review of the Department of Justice” and inserting “acting through the Assistant Attorney General for National Security”. ####
(10)Certifications for certain undercover foreign intelligence and counterintelligence investigative operations Section 102(b)(1) of Public Law 102-395 (28 U.S.C. 533 note) is amended by striking “Counsel for Intelligence Policy” and inserting “Assistant Attorney General for National Security”. ####
(11)Inclusion in federal law enforcement community for emergency federal law enforcements assistance purposes Section 609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) is amended— #####
(A)by redesignating subparagraphs
(L)and
(M)as subparagraphs
(M)and (N), respectively; and #####
(B)by inserting after subparagraph
(K)the following new subparagraph (L): > > ##### “(L) > > the National Security Division of the Department of Justice,” > . ###
(b)National Security Division of Department of Justice ####
(1)In general Chapter 31 of title 28, United States Code, is further amended by inserting after section 509 the following new section: > > ## “SEC. 509A National Security Division > > > ### “(a) > > There is a National Security Division of the Department of Justice. > > > ### “(b) > > The National Security Division shall consist of the elements of the Department of Justice (other than the Federal Bureau of Investigation) engaged primarily in support of the intelligence and intelligence-related activities of the United States Government, including the following: > > > #### “(1) > > The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of this title. > > > #### “(2) > > The Office of Intelligence Policy and Review (or any successor organization). > > > #### “(3) > > The counterterrorism section (or any successor organization). > > > #### “(4) > > The counterespionage section (or any successor organization). > > > #### “(5) > > Any other element, component, or office designated by the Attorney General.” > . ####
(2)Prohibition on political activity Section 7323(b)(3) of title 5, United States Code, is amended by inserting “or National Security Division” after “Criminal Division”. ###
(c)Clerical Amendments The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended— ####
(1)by inserting after the item relating to section 507 the following new item:“507A. Assistant Attorney General for National Security.”;and ####
(2)by inserting after the item relating to section 509 the following new item:“509A. National Security Division.”. ###
(d)Procedures for Confirmation of the Assistant Attorney General for National Security ####
(1)Section 17 of Senate Resolution 400 (94th Congress) is amended— #####
(A)in subsection (a), by striking “(a) The” and inserting “(a)(1) Except as otherwise provided in subsection (b), the”; #####
(B)in subsection (b), by striking “(b)” and inserting “(2)”; and #####
(C)by inserting after subsection
(a)the following new subsection: > > ### “(b) > > > ####
(1)> > With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination. > > > #### “(2) > > If, upon the expiration of the period described in paragraph (1), the select Committee has not reported the nomination, such nomination shall be automatically discharged from the select Committee and placed on the Executive Calendar.” > . ####
(2)Paragraph
(1)is enacted— #####
(A)as an exercise of the rulemaking power of the Senate; and #####
(B)with full recognition of the constitutional right of the Senate to change the rules of the Senate at any time and to the same extent as in the case of any other rule of the Senate.
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- Pub. L. 102-395
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Sec. 506
DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS
Pub. L.Pub. L. 102-395
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