164
uralization Amendments of 1991 (Public Law
102–232) is amended by striking ‘‘244(b)(2)’’
and inserting ‘‘240A(b)(2)’’.
(C) Section 364(a)(2) of this Act is
amended by striking ‘‘244(a)(3)’’ and inserting
‘‘240A(a)(3)’’.
(9) REFERENCES TO CHAPTER 5.—
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each
amended by striking ‘‘chapter 5’’ and inserting
‘‘chapter 4’’.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by strik-
ing ‘‘chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)’’ and inserting
‘‘chapter 4 of title II of the Immigration and
Nationality Act’’.
(10) MISCELLANEOUS CROSS-REFERENCE COR-
RECTIONS FOR NEWLY ADDED PROVISIONS.—
(A) Section 245(c)(6), as amended by sec-
tion 
332(d), 
is 
amended 
by 
striking
‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.
(B) Section 249(d), as amended by section
332(e), is amended by striking ‘‘241(a)(4)(B)’’
and inserting ‘‘237(a)(4)(B)’’.
165
(C) Section 276(b)(3), as inserted by sec-
tion 321(b), is amended by striking ‘‘excluded’’
and ‘‘excludable’’ and inserting ‘‘removed’’ and
‘‘inadmissible’’, respectively.
(D) Section 505(c)(7), as added by section
321(a)(1), is amended by amending subpara-
graphs (B) through (D) to read as follows:
‘‘(B) Withholding of removal under section
241(b)(3).
‘‘(C) Cancellation of removal under section
240A.
‘‘(D) Voluntary departure under section
240B.’’.
(E) Section 506(b)(2)(B), as added by sec-
tion 321(a)(1), is amended by striking ‘‘depor-
tation’’ and inserting ‘‘removal’’.
(F) Section 508(c)(2)(D), as added by sec-
tion 321(a)(1), is amended by striking ‘‘exclu-
sion because such alien is excludable’’ and in-
serting ‘‘removal because such alien is inadmis-
sible’’.
(G) Section 130007(a) of the Violent
Crime Control and Law Enforcement Act of
1994 (Public Law 103–322), as amended by
166
section 851(a)(6), is amended by striking
‘‘242A(a)(3)’’ and inserting ‘‘238(a)(3)’’.
(H) Section 212(h), as amended by section
301(h), is amended by striking ‘‘section 212(c)’’
and inserting ‘‘paragraphs (1) and (2) of sec-
tion 240A(a)’’.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) IN GENERAL.—Except as provided in this section
and sections 301(f), 301(h), or 306(c), this subtitle and
the amendments made by this subtitle shall take effect on
the first day of the first month beginning more than 180
days after the date of the enactment of this Act (in this
title referred to as the ‘‘title III–A effective date’’).
(b) PROMULGATION OF REGULATIONS.—The Attor-
ney General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title III–
A effective date.
(c) TRANSITION FOR ALIENS IN PROCEEDINGS.—
(1) GENERAL RULE THAT NEW RULES DO NOT
APPLY.—Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclu-
sion or deportation proceedings as of the title III–
A effective date—
(A) the amendments made by this subtitle
shall not apply, and
167
(B) the proceedings (including judicial re-
view thereof) shall continue to be conducted
without regard to such amendments.
(2) ATTORNEY GENERAL OPTION TO ELECT TO
APPLY NEW PROCEDURES.—In a case described in
paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration
and Nationality Act has not commenced as of the
title III–A effective date, the Attorney General may
elect to proceed under chapter 4 of title II of such
Act (as amended by this subtitle). The Attorney
General shall provide notice of such election to the
alien involved not later than 30 days before the date
any evidentiary hearing is commenced. If the Attor-
ney General makes such election, the notice of hear-
ing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided
under section 239 of such Act (as amended by this
subtitle) to confer jurisdiction on the immigration
judge.
(3) ATTORNEY
GENERAL
OPTION
TO
TERMI-
NATE AND REINITIATE PROCEEDINGS.—In the case
described in paragraph (1), the Attorney General
may elect to terminate proceedings in which there
has not been a final administrative decision and to
168
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by
this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated
proceeding.
(4) TRANSITIONAL CHANGES IN JUDICIAL RE-
VIEW.—In the case described in paragraph (1) in
which a final order of exclusion or deportation is en-
tered more than 30 days after the date of the enact-
ment of this Act, notwithstanding any provision of
section 106 of the Immigration and Nationality Act
(as in effect as of the date of the enactment of this
Act) to the contrary—
(A) in the case of judicial review of a final
order of exclusion, subsection (b) of such sec-
tion shall not apply and the action for judicial
review shall be governed by the provisions of
subsections (a) and (c) of such in the same
manner as they apply to judicial review of or-
ders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
170
than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous
sentence shall apply regardless of when an alien ap-
plied for such suspension and adjustment.
(d) TRANSITIONAL REFERENCES.—For purposes of
carrying out the Immigration and Nationality Act, as
amended by this subtitle—
(1) any reference in section 212(a)(1)(A) of
such Act to the term ‘‘inadmissible’’ is deemed to in-
clude a reference to the term ‘‘excludable’’, and
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order
of exclusion and deportation or an order of deporta-
tion.
(e) TRANSITION.—No period of time before the date
of the enactment of this Act shall be included in the period
of 1 year described in section 212(a)(6)(B)(i) of the Immi-
gration and Nationality Act (as amended by section
301(c)).
171
Subtitle B—Removal of Alien
Terrorists
PART 1—REMOVAL PROCEDURES FOR ALIEN
TERRORISTS
SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended—
(1) by adding at the end of the table of con-
tents the following:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist
with classified information.
‘‘Sec. 503. Application for initiation of special removal proceeding.
‘‘Sec. 504. Consideration of application.
‘‘Sec. 505. Requiring Congressional review of world-wide levels every 5 years.
‘‘Sec. 506. Consideration of classified information.
‘‘Sec. 507. Appeals.
‘‘Sec. 508. Detention and custody.’’,
and
(2) by adding at the end the following new title:
‘‘TITLE V—SPECIAL REMOVAL PROCEDURES
FOR ALIEN TERRORISTS
‘‘DEFINITIONS
‘‘SEC. 501. In this title:
‘‘(1) The term ‘alien terrorist’ means an alien
described in section 241(a)(4)(B).
‘‘(2) The term ‘classified information’ has the
meaning given such term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.).
172
‘‘(3) The term ‘national security’ has the mean-
ing given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
‘‘(4) The term ‘special attorney’ means an at-
torney who is on the panel established under section
502(e).
‘‘(5) The term ‘special removal court’ means
the court established under section 502(a).
‘‘(6) The term ‘special removal hearing’ means
a hearing under section 505.
‘‘(7) The term ‘special removal proceeding’
means a proceeding under this title.
‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL
OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR-
MATION
‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of
the United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
‘‘(b) TERMS.—Each judge designated under sub-
section (a) shall serve for a term of 5 years and shall be
eligible for redesignation, except that the four associate
judges first so designated shall be designated for terms
of one, two, three, and four years so that the term of one
judge shall expire each year.
173
‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly
designate one of the judges of the special removal court
to be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration
of cases to the various judges.
‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF
PROCEEDINGS.—The provisions of section 103(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(c)) shall apply to proceedings under this title in the
same manner as they apply to proceedings under such Act.
‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT-
TORNEYS.—The special 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 resi-
dent aliens with respect to classified information
under section 506 in accordance with (and subject to
the penalties under) this title.
‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL
PROCEEDING
‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor-
ney General has classified information that an alien is an
alien terrorist, the Attorney General, in the Attorney Gen-
eral’s discretion, may seek removal of the alien under this
174
title through the filing of a written application described
in subsection (b) with the special removal court seeking
an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera
and ex parte and shall be filed under seal with the court.
‘‘(b) CONTENTS OF APPLICATION.—Each application
for a special removal proceeding shall include all of the
following:
‘‘(1) The identity of the Department of Justice
attorney making the application.
‘‘(2) The approval of the Attorney General or
the Deputy Attorney General for the filing of the ap-
plication based upon a finding by that individual
that the application satisfies the criteria and re-
quirements of this title.
‘‘(3) The identity of the alien for whom author-
ization for the special removal proceedings is sought.
‘‘(4) A statement of the facts and cir-
cumstances relied on by the Department of Justice
to establish that—
‘‘(A) the alien is an alien terrorist and is
physically present in the United States, and
‘‘(B) with respect to such alien, adherence
to the provisions of title II regarding the re-
175
moval of aliens would pose a risk to the na-
tional security of the United States.
‘‘(5) An oath or affirmation respecting each of
the facts and statements described in the previous
paragraphs.
‘‘(c) RIGHT TO DISMISS.—The Department of Jus-
tice retains the right to dismiss a removal action under
this title at any stage of the proceeding.
‘‘CONSIDERATION OF APPLICATION
‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap-
plication under section 503 to the special removal court,
a single judge of the court shall be assigned to consider
the application. The judge, in accordance with the rules
of the court, shall consider the application and may con-
sider other information, including classified information,
presented under oath or affirmation. The judge shall con-
sider the application (and any hearing thereof) in camera
and ex parte. A verbatim record shall be maintained of
any such hearing.
‘‘(b) APPROVAL OF ORDER.—The judge shall enter
ex parte the order requested in the application if the judge
finds, on the basis of such application and such other in-
formation (if any), that there is probable cause to believe
that—
177
against the alien and a general account of the basis for
the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which
the hearing will be held. The hearing shall be held as expe-
ditiously as possible.
‘‘(b) USE OF SAME JUDGE.—The special removal
hearing shall be held before the same judge who granted
the order pursuant to section 504 unless that judge is
deemed unavailable due to illness or disability by the chief
judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct
the special removal hearing. A decision by the chief judge
pursuant to the preceding sentence shall not be subject
to review by either the alien or the Department of Justice.
‘‘(c) RIGHTS IN HEARING.—
‘‘(1) PUBLIC
HEARING.—The special removal
hearing shall be open to the public.
‘‘(2) RIGHT OF COUNSEL.—The alien shall have
a right to be present at such hearing and to be rep-
resented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel as-
signed to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for fur-
nishing representation for any person financially un-
able to obtain adequate representation for the dis-