TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle D--Changes in Removal of Alien Terrorist Provisions

SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--Section
504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended--
(A) in clause (ii), by inserting before the period at the
end the following: ``unless the judge makes the findings
under clause (iii)'', and
(B) by adding at the end the following new clause:
``(iii) Findings.--The findings described in this clause
are, with respect to an alien, that--

``(I) the continued presence of the alien in the United
States would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person, and
``(II) the provision of the summary would likely cause
serious and irreparable harm to the national security or
death or serious bodily injury to any person.''.

(2) Special challenge procedures.--Section 504(e)(3) (8
U.S.C. 1534(e)(3)) is amended by adding at the end the
following new subparagraphs:
``(E) Continuation of hearing without summary.--If a judge
makes the findings described in subparagraph (D)(iii)--
``(i) if the alien involved is an alien lawfully admitted
for permanent residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in camera
and ex parte may be used pursuant to this paragraph.
``(F) Special procedures for access and challenges to
classified information by special attorneys in case of lawful
permanent aliens.--
``(i) In general.--The procedures described in this
subparagraph are that the judge (under rules of the removal
court) shall designate a special attorney to assist the
alien--

``(I) by reviewing in camera the classified information on
behalf of the alien, and

``(II) by challenging through an in camera proceeding the
veracity of the evidence contained in the classified
information.

``(ii) Restrictions on disclosure.--A special attorney
receiving classified information under clause (i)--

``(I) shall not disclose the information to the alien or to
any other attorney representing the alien, and
``(II) who discloses such information in violation of
subclause (I) shall be subject to a fine under title 18,
United States Code, imprisoned for not less than 10 years nor
more than 25 years, or both.''.

(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The decision'' and
inserting ``Subject to paragraph (2), the decision'';
(B) in paragraph (3)(D), by inserting before the period at
the end the following: ``, except that in the case of a
review under paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a written summary
of classified information under section 504(c)(3), the Court
of Appeals shall review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Automatic appeals in cases of permanent resident
aliens in which no summary provided.--
``(A) In general.--Unless the alien waives the right to a
review under this paragraph, in any case involving an alien
lawfully admitted for permanent residence who is denied a
written summary of classified information under section
504(e)(3) and with respect to which the procedures described
in section 504(e)(3)(F) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for the District of
Columbia Circuit.
``(B) Use of special attorney.--With respect to any issue
relating to classified information that arises in such
review, the alien shall be represented only by the special
attorney designated under section 504(e)(3)(F)(i) on behalf
of the alien.''.
(4) Establishment of panel of special attorneys.--Section
502 (8 U.S.C. 1532) is amended by adding at the end the
following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens
with respect to classified information under section
504(e)(3) in accordance with (and subject to the penalties
under) this title.''.
(5) Definition of special attorney.--Section 501 (8 U.S.C.
1531) is amended--
(A) by striking ``and'' at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6) and
inserting ``; and'', and
(C) by adding at the end the following new paragraph:
``(7) the term `special attorney' means an attorney who is
on the panel established under section 502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--Section 504(e)
(8 U.S.C. 1534(e)) is amended--
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the following: ``the
Government is authorized to use in a removal proceedings the
fruits of electronic surveillance and unconsented physical
searches authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without
regard to subsections (c), (e), (f), (g), and (h) of section
106 of that Act and'', and
(ii) by striking ``the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.)'' and inserting ``such
Act''; and
(B) by striking the period at the end of paragraph (3)(A)
and inserting the following: ``and neither the alien nor the
public shall be informed of such evidence or its sources
other than through reference to the summary provided pursuant
to this paragraph. Notwithstanding

[[Page H11813]]

the previous sentence, the Department of Justice may, in its
discretion and, in the case of classified information, after
coordination with the originating agency, elect to introduce
such evidence in open session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C. 1534(f))
is amended by adding at the end the following: ``The judge
may allow any part of the argument that refers to evidence
received in camera and ex parte to be heard in camera and ex
parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C. 1534(j)) is
amended by adding at the end the following: ``Any portion of
the order that would reveal the substance or source of
information received in camera and ex parte pursuant to
subsection (e) shall not be made available to the alien or
the public.''.

SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS
ORGANIZATIONS.

Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization''
after ``219,''.

SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST
ORGANIZATION DESIGNATIONS.

Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the administrative
record taken as a whole or in classified information
submitted to the court under paragraph (2), or
``(E) not in accord with the procedures required by law.''.

SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY
DEPARTURE.

Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) voluntary departure under section 244(e);''.

SEC. 358. EFFECTIVE DATE.

The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).