110 STAT. 3009-643 PUBLIC LAW 104-208—SEPT. 30, 1996
"(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 INFORMA-
TION.—
(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.".
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