TREATMENT OF CLASSIFIED INFORMATION.

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 110 STAT. 3009–642security 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.— 110 STAT. 3009–643 “(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 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.”. 110 STAT. 3009–644 (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.”.