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‘‘(4) EXAMINATION OF WITNESSES.—Except as
provided in section 506, the alien shall have a reason-
able opportunity to examine the evidence against the
alien and to cross-examine any witness.
‘‘(5) RECORD.—A verbatim record of the pro-
ceedings and of all testimony and evidence offered or
produced at such a hearing shall be kept.
‘‘(6) DECISION BASED ON EVIDENCE AT HEAR-
ING.—The decision of the judge in the hearing shall
be based only on the evidence introduced at the hear-
ing, including evidence introduced under subsection
(e).
‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the
hearing, the judge is not authorized to consider or
provide for relief from removal based on any of the
following:
‘‘(A) Asylum under section 208.
‘‘(B) Withholding of deportation under sec-
tion 243(h).
‘‘(C) Suspension of deportation under sec-
tion 244(a).
‘‘(D) Voluntary departure under section
244(e).
‘‘(E) Adjustment of status under section
245.
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‘‘(F) Registry under section 249.
‘‘(d) SUBPOENAS.—
‘‘(1) REQUEST.—At any time prior to the con-
clusion of the special removal hearing, either the alien
or the Department of Justice may request the judge
to issue a subpoena for the presence of a named wit-
ness (which subpoena may also command the person
to whom it is directed to produce books, papers, docu-
ments, or other objects designated therein) upon a sat-
isfactory showing that the presence of the witness is
necessary for the determination of any material mat-
ter. Such a request may be made ex parte except that
the judge shall inform the Department of Justice of
any request for a subpoena by the alien for a witness
or material if compliance with such a subpoena
would reveal evidence or the source of evidence which
has been introduced, or which the Department of Jus-
tice has received permission to introduce, in camera
and ex parte pursuant to subsection (e) and section
506, and the Department of Justice shall be given a
reasonable opportunity to oppose the issuance of such
a subpoena.
‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli-
cation for a subpoena by the alien also makes a show-
ing that the alien is financially unable to pay for the
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attendance of a witness so requested, the court may
order the costs incurred by the process and the fees of
the witness so subpoenaed to be paid from funds ap-
propriated for the enforcement of title II.
‘‘(3) NATIONWIDE SERVICE.—A subpoena under
this subsection may be served anywhere in the United
States.
‘‘(4) WITNESS
FEES.—A witness subpoenaed
under this subsection shall receive the same fees and
expenses as a witness subpoenaed in connection with
a civil proceeding in a court of the United States.
‘‘(5) NO ACCESS TO CLASSIFIED INFORMATION.—
Nothing in this subsection is intended to allow an
alien to have access to classified information.
‘‘(e) INTRODUCTION OF CLASSIFIED INFORMATION.—
‘‘(1) IN GENERAL.—When classified information
has been summarized pursuant to section 506(b) or
where a finding has been made under section
506(b)(5) that no summary is possible, classified in-
formation shall be introduced (either in writing or
through testimony) in camera and ex parte and nei-
ther the alien nor the public shall be informed of such
evidence or its sources other than through reference to
the summary provided pursuant to such section. Not-
withstanding the previous sentence, the Department of
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Justice may, in its discretion and, in the case of clas-
sified information, after coordination with the origi-
nating agency, elect to introduce such evidence in
open session.
‘‘(2) TREATMENT OF ELECTRONIC SURVEILLANCE
INFORMATION.—
‘‘(A) 
USE
OF
ELECTRONIC
SURVEIL-
LANCE.—The Government is authorized to use in
a special removal proceedings the fruits of elec-
tronic surveillance and unconsented physical
searches authorized under the Foreign Intel-
ligence 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.
‘‘(B) NO DISCOVERY OF ELECTRONIC SUR-
VEILLANCE INFORMATION.—An alien subject to
removal under this title shall have no right of
discovery of information derived from electronic
surveillance authorized under the Foreign Intel-
ligence Surveillance Act of 1978 or otherwise for
national security purposes. Nor shall such alien
have the right to seek suppression of evidence.
‘‘(C) CERTAIN PROCEDURES NOT APPLICA-
BLE.—The provisions and requirements of sec-
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tion 3504 of title 18, United States Code, shall
not apply to procedures under this title.
‘‘(3) RIGHTS OF UNITED STATES.—Nothing in
this section shall prevent the United States from seek-
ing protective orders and from asserting privileges or-
dinarily available to the United States to protect
against the disclosure of classified information, in-
cluding the invocation of the military and state se-
crets privileges.
‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Federal
Rules of Evidence shall not apply to hearings under this
section. Evidence introduced at the special removal hearing,
either in open session or in camera and ex parte, may, in
the discretion of the Department of Justice, include all or
part of the information presented under section 504 used
to obtain the order for the hearing under this section.
‘‘(g) ARGUMENTS.—Following the receipt of evidence,
the attorneys for the Department of Justice and for the alien
shall be given fair opportunity to present argument as to
whether the evidence is sufficient to justify the removal of
the alien. The attorney for the Department of Justice shall
open the argument. The attorney for the alien shall be per-
mitted to reply. The attorney for the Department of Justice
shall then be permitted to reply in rebuttal. The judge may
allow any part of the argument that refers to evidence re-
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ceived in camera and ex parte to be heard in camera and
ex parte.
‘‘(h) BURDEN OF PROOF.—In the hearing the Depart-
ment of Justice has the burden of showing by clear and con-
vincing evidence that the alien is subject to removal because
the alien is an alien terrorist. If the judge finds that the
Department of Justice has met this burden, the judge shall
order the alien removed and detained pending removal from
the United States. If the alien was released pending the spe-
cial removal hearing, the judge shall order the Attorney
General to take the alien into custody.
‘‘(i) WRITTEN ORDER.—At the time of rendering a de-
cision as to whether the alien shall be removed, the judge
shall prepare a written order containing a statement of
facts found and conclusions of law. 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.
‘‘CONSIDERATION OF CLASSIFIED INFORMATION
‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX
PARTE.—In any case in which the application for the order
authorizing the special procedures of this title is approved,
the judge who granted the order shall consider each item
of classified information the Department of Justice proposes
to introduce in camera and ex parte at the special removal
hearing and shall order the introduction of such informa-
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tion pursuant to section 505(e) if the judge determines the
information to be relevant.
‘‘(b) PREPARATION AND PROVISION OF WRITTEN SUM-
MARY.—
‘‘(1) PREPARATION.—The Department of Justice
shall prepare a written summary of such classified
information which does not pose a risk to national se-
curity.
‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE AND
PROVISION TO ALIEN.—The judge shall approve the
summary so long as the judge finds that the summary
is sufficient—
‘‘(A) to inform the alien of the general na-
ture of the evidence that the alien is an alien ter-
rorist, and
‘‘(B) to permit the alien to prepare a de-
fense against deportation.
The Department of Justice shall cause to be delivered
to the alien a copy of the summary.
‘‘(3) 
OPPORTUNITY
FOR
CORRECTION
AND
RESUBMITTAL.—If the judge does not approve the
summary, the judge shall provide the Department a
reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised sum-
mary.
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‘‘(4) CONDITIONS
FOR
TERMINATION
OF
PRO-
CEEDINGS IF SUMMARY NOT APPROVED.—
‘‘(A) IN GENERAL.—If, subsequent to the op-
portunity described in paragraph (3), the judge
does not approve the summary, the judge shall
terminate the special removal hearing unless the
judge makes the findings described in subpara-
graph (B).
‘‘(B) FINDINGS.—The findings described in
this subparagraph are, with respect to an alien,
that—
‘‘(i) the continued presence of the alien
in the United States would likely cause seri-
ous and irreparable harm to the national
security or death or serious bodily injury to
any person, and
‘‘(ii) the provision of the required sum-
mary would likely cause serious and irrep-
arable harm to the national security or
death or serious bodily injury to any per-
son.
‘‘(5) CONTINUATION OF HEARING WITHOUT SUM-
MARY.—If a judge makes the findings described in
paragraph (4)(B)—
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‘‘(A) if the alien involved is an alien law-
fully admitted for permanent residence, the pro-
cedures described in subsection (c) shall apply;
and
‘‘(B) in all cases the special removal hear-
ing shall continue, the Department of Justice
shall cause to be delivered to the alien a state-
ment that no summary is possible, and the clas-
sified information submitted in camera and ex
parte may be used pursuant to section 505(e).
‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL-
LENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTOR-
NEYS IN CASE OF LAWFUL PERMANENT ALIENS.—
‘‘(1) IN GENERAL.—The procedures described in
this subsection are that the judge (under rules of the
special removal court) shall designate a special attor-
ney to assist the alien—
‘‘(A) by reviewing in camera the classified
information on behalf of the alien, and
‘‘(B) by challenging through an in camera
proceeding the veracity of the evidence contained
in the classified information.
‘‘(2) RESTRICTIONS ON DISCLOSURE.—A special
attorney receiving classified information under para-
graph (1)—
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‘‘(A) shall not disclose the information to
the alien or to any other attorney representing
the alien, and
‘‘(B) who discloses such information in vio-
lation of subparagraph (A) shall be subject to a
fine under title 18, United States Code, impris-
oned for not less than 10 years nor more than
25 years, or both.
‘‘APPEALS
‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA-
TIONS FOR ORDERS.—The Department of Justice may seek
a review of the denial of an order sought in an application
by the United States Court of Appeals for the District of
Columbia Circuit by notice of appeal which must be filed
within 20 days after the date of such denial. In such a case
the entire record of the proceeding shall be transmitted to
the Court of Appeals under seal and the Court of Appeals
shall hear the matter ex parte. In such a case the Court
of Appeals shall review questions of law de novo, but a prior
finding on any question of fact shall not be set aside unless
such finding was clearly erroneous.
‘‘(b) APPEALS
OF DETERMINATIONS ABOUT SUM-
MARIES OF CLASSIFIED INFORMATION.—Either party may
take an interlocutory appeal to the United States Court of
Appeals for the District of Columbia Circuit of—
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‘‘(1) any determination by the judge pursuant to
section 506(a)—
‘‘(A) concerning whether an item of evidence
may be introduced in camera and ex parte, or
‘‘(B) concerning the contents of any sum-
mary of evidence to be introduced in camera and
ex parte prepared pursuant to section 506(b); or
‘‘(2) the refusal of the court to make the findings
permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this sub-
section, the entire record, including any proposed order of
the judge or summary of evidence, shall be transmitted to
the Court of Appeals under seal and the matter shall be
heard ex parte.
‘‘(c) APPEALS OF DECISION IN HEARING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
decision of the judge after a special removal hearing
may be appealed by either the alien or the Depart-
ment of Justice to the United States Court of Appeals
for the District of Columbia Circuit by notice of ap-
peal.
‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA-
NENT RESIDENT ALIENS IN WHICH NO SUMMARY PRO-
VIDED.—
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‘‘(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
506(b)(4) and with respect to which the proce-
dures described in section 506(c) 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 re-
spect to any issue relating to classified informa-
tion that arises in such review, the alien shall be
represented only by the special attorney des-
ignated under section 506(c)(1) on behalf of the
alien.
‘‘(d) GENERAL PROVISIONS RELATING TO APPEALS.—
‘‘(1) NOTICE.—A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date of
the order with respect to which the appeal is sought,
during which time the order shall not be executed.
‘‘(2) TRANSMITTAL OF RECORD.—In an appeal
or review to the Court of Appeals pursuant to sub-
section (b) or (c)—
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‘‘(A) the entire record shall be transmitted
to the Court of Appeals, and
‘‘(B) information received pursuant to sec-
tion 505(e), and any portion of the judge’s order
that would reveal the substance or source of such
information, shall be transmitted under seal.
‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In
an appeal or review to the Court of Appeals pursuant
to subsection (b) or (c):
‘‘(A) REVIEW.—The appeal or review shall
be heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of the
special removal court and on such briefs or mo-
tions as the Court may require to be filed by the
parties.
‘‘(B) DISPOSITION.—The Court shall uphold
or reverse the judge’s order within 60 days after
the date of the issuance of the judge’s final order.
‘‘(4) STANDARD FOR REVIEW.—In an appeal or
review to the Court of Appeals pursuant to subsection
(b) or (c):
‘‘(A) QUESTIONS
OF
LAW.—The Court of
Appeals shall review all questions of law de novo.