Page:United States Statutes at Large Volume 120.djvu/280

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[120 STAT. 249]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 249]

PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 249

‘‘§ 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—

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