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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Secret Evidence Against Lawful
Aliens Repeal Act of 2001''.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) No person physically present in the United States who
is a lawful permanent resident alien or other alien with an
unexpired visa should be deprived of liberty based on evidence
kept secret from that person, including information classified
for national security reasons.
(2) Use of secret evidence in immigration proceedings
against lawful aliens deprives such aliens of due process
rights guaranteed under the United States Constitution and
undermines our adversarial system, which relies on cross-
examination as an engine of truth-seeking.

SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION
PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS.

(a) Application of Procedures Used Under Classified Information
Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title
II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is
amended by adding at the end the following new section:

''application of procedures used under classified information
procedures act to certain immigration proceedings

''Sec. 295. (a) Notice of Intended Use of Classified Information.--
''(1) In general.--In any immigration proceeding respecting
an alien who is lawfully admitted for permanent residence or
otherwise present in the United States with an unexpired visa
in which the Attorney General seeks to use classified
information, the Attorney General shall inform the alien and
the presiding officer in advance. To the maximum extent
practicable, if the Attorney General is initiating such
proceeding, the Attorney General shall provide such notice
within 15 days after initiating the proceeding.
''(2) Limitation.--The Attorney General may seek to use
classified information only in an immigration proceeding
described in paragraph (1) in which the alien is alleged to be
deportable under section 237(a)(4)(B) or to oppose an
application for admission or an application for discretionary
relief from removal and only after issuing the following
certification:
''(A) Substantially the same information could not
reasonably be developed from open sources.
''(B) The Attorney General has informed the
classifying agency of its intent to use the classified
information in connection with immigration proceedings
and has requested such agency to declassify such
information as is permitted to be declassified under
the President's Executive Order on classification.
''(b) Referral of Classified Matters to District Court.--
''(1) In general.--In the case of an immigration proceeding
described in subsection (a)(1) in which the Attorney General or
the alien moves for a referral under this section to consider
matters relating to classified information that may arise in
connection with the proceeding, the presiding officer shall
forward the petition for review to a Federal district court for
the district in which the alien resides or the place where the
immigration proceedings are pending, of the use of such
information in such proceeding under subsection (c). Any
evidence which is the subject of a petition shall not be
considered in the immigration proceeding and shall not be
examined by the presiding officer, except as provided in
paragraph (3).
''(2) Suspension of immigration proceeding.--In the case of
an order or review provided for under paragraph (1), the
immigration proceeding may be suspended by the presiding
officer pending the disposition of such matter by the district
court involved (and any appeals related to such matter).
''(3) Submission of summary.--In the case of a referral
under paragraph (1)(A), after the application of subsection
(c), the district court shall issue an order to the presiding
officer at the proceeding indicating any unclassified summary
of classified information, and admissions in lieu of disclosure
of classified information, that may be used and the conditions
of its use at the proceeding. The presiding officer shall
determine whether any information approved by the order may be
offered at the immigration proceeding.
''(c) Application of CIPA.--
''(1) In general.--Subject to the succeeding provisions of
this section, in the cases described in subsection (b)(1)
involving review by a Federal district court of the use of
classified information in an immigration proceeding, the
provisions of the Classified Information Procedures Act (18 U.S.C.
Appendix III) (in this section referred to as 'CIPA') shall apply to an
alien who is a subject of the immigration proceeding in the same manner
as it applies to a defendant in a criminal proceeding subject to CIPA.
''(2) General rules of application.--In applying subsection
(a), the following general rules apply:
''(A) Any reference in CIPA to--
''(i) a criminal defendant or a trial (or
pre-trial) proceeding is deemed to be a
reference to the alien who is the subject of
the immigration proceeding and to the
immigration proceeding;
''(ii) an indictment or information at
issue is deemed to be a reference to a notice
to appear;
''(iii) a dismissal of an indictment or
information is deemed a reference to
termination of the immigration proceeding
against an alien; and
''(iv) a trial court is deemed a reference
(in the case of an administrative immigration
proceeding) to the presiding officer in such
proceeding.
''(B) The provisions of section 2 of CIPA (other
than the last sentence) shall not be applied.
''(C) The Attorney General shall prescribe rules
establishing procedures for the protection against
unauthorized disclosure of classified information in
the custody of the Federal non-judicial officials in
immigration proceedings. Such rules shall apply instead
of the rules described in section 9 of CIPA.
''(D) Section 12 of CIPA shall not be applied to
immigration proceedings.
''(E) In lieu of the reports described in section
13 of CIPA, the Attorney General shall report annually
and in writing to the chairmen and ranking minority
members of the Committees on the Judiciary of the
Senate and the House of Representatives on the
implementation of this section. Such reports shall
include the following information about each case
brought under this section:
''(i) The alien's country of citizenship
or, if the alien was stateless, the country in
which the alien last habitually resided outside
of the United States.
''(ii) The alien's immigration status.
''(iii) Whether the Federal district court
approved the summary of classified information
and the deletions or admissions proffered by
the Attorney General.
''(iv) Whether the alien was ultimately
ordered removed under section 237(a)(4)(B) or
was granted or denied admission.
''(d) Disclosure of Exculpatory Evidence.--In any immigration
proceeding under this section, the Attorney General shall disclose to
the alien information that it would be required to disclose to a
defendant in an analogous criminal proceeding under CIPA.
''(e) Appointment of Counsel.--In any immigration proceeding
described in subsection (a)(1), any alien financially unable to obtain
counsel shall be entitled to have counsel assigned to represent such
alien. Counsel may be appointed as described in section 3006A of title
18, United States Code.
''(f) Construction Concerning Declassification of Information.--
Nothing in this section shall be construed as preventing an alien who
is lawfully admitted for permanent residence or otherwise present in
the United States with an unexpired visa in an immigration proceeding
from seeking access to classified information under section 552 of
title 5, United States Code, or, in the case of information which is
not disclosed based on section 552(b)(1) of such title, from initiating
an action to seek to declassify some or all of the information
involved.
''(g) Expedited Proceedings.--To the extent practicable and in the
interests of justice, proceedings under this section shall be conducted
on an expedited basis.
''(h) Definitions.--For purposes of this section:
''(1) Immigration proceeding.--The term 'immigration
proceeding' means any administrative proceeding under this Act.
''(2) Presiding officer.--The term 'presiding officer'
means, with respect to an immigration proceeding, the
administrative or judicial official who is presiding over the
immigration proceeding.''.
(b) Conforming Amendments.--
(1) Alien terrorist removal.--Title V of the Immigration
and Nationality Act is amended by adding at the end the
following new section:

''SEC. 508. LIMITATION ON APPLICATION OF TITLE.

''This title shall not apply to any alien who is lawfully admitted
for permanent residence or who is otherwise present in the United
States with an unexpired visa.''.
(2) Aliens' rights in proceedings.--Section 240(b)(4)(B) of
the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B))
is amended by inserting ''(subject to section 295)'' after
''but''.
(3) Burden on alien.--The last sentence of section
240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by
inserting ''and for which disclosure is not provided under
section 295'' after ''not considered by the Attorney General to
be confidential''
(c) Clerical Amendments.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting after the item relating to section 294 the
following new item:

''Sec. 295. Application of procedures used under Classified Information
Procedures Act to certain immigration
proceedings.''; and
(2) by adding after the item relating to section 507 the
following new item:

''Sec. 508. Limitation on application of title.''.

SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS AND
JUDICIAL REVIEW OF BOND DETERMINATIONS.

(a) Aliens' Rights in Bond Proceedings.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at
the end the following:
''(f) Aliens' Rights in Bond Proceedings.--Subject to section 295,
in proceedings under this section in the case of an alien who is
lawfully admitted for permanent residence or otherwise present in the
United States with an unexpired visa--
''(1) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of the
alien's choosing who is authorized to practice in such
proceedings;
''(2) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence on
the alien's own behalf, and to cross-examine all witnesses
presented by the Government; and
''(3) a complete record shall be kept of all testimony and
evidence produced at the proceeding.''.
(b) Judicial Review.--Section 236(e) of the Immigration and
Nationality Act (8 U.S.C. 1226(e)) is amended--
(1) in the first sentence, by inserting ''to an alien who
is not a lawful permanent resident or who otherwise has an
unexpired visa'' after ''application of this section'';
(2) in the second sentence, by inserting ''who is not a
lawful permanent resident or who otherwise has an unexpired
visa'' after ''of any alien''; and
(3) by adding at the end the following: ''Notwithstanding
any other provision of law, any alien who is a lawful permanent
resident or who otherwise has an unexpired visa and against
whom an order concerning detention, release on bond or parole
pending or subsequent to an order of deportability,
excludability, or removability shall be entitled to judicial
review thereof in habeas corpus proceedings to determine
whether the Attorney General is acting in violation of the laws
or Constitution of the United States, or is not proceeding with
such reasonable dispatch as may be warranted by the particular
facts and circumstances of the case.''.

SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL ALIENS.

Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1225(c)(1)) is amended to read as follows:
''(1) Removal without further hearing.--
''(A) In general.--Except in the case of an alien
described in subparagraph (B), if an immigration
officer or an immigration judge suspects that an
arriving alien may be inadmissible under subparagraph
(A) (other than clause (ii)), (B), or (C) of section
212(a)(3), the officer or judge shall--
''(i) order the alien removed, subject to
review under paragraph (2);
''(ii) report the order of removal to the
Attorney General; and
''(iii) not conduct any further inquiry or
hearing until ordered by the Attorney General.
''(B) Excepted aliens described.--An alien
described in this subparagraph is an alien who--
''(i) is a lawful permanent resident; or
''(ii) has an unexpired visa.''.

SEC. 6. TRANSITION.

(a) Application to Detainees.--Not more than 30 days after the
effective date of this Act, the Attorney General shall, with respect to
any alien who is lawfully admitted for permanent residence or otherwise
present in the United States with an unexpired visa then detained or
whose liberty is otherwise restricted by the Attorney General, on the
basis in whole or in part of information submitted by the Government ex
parte and in camera to an immigration judge, to the Board of
Immigration Appeals or to any court--
(1) provide such alien a copy or transcript of such
information, and provide the alien with a redetermination of
bond (or a reconsideration of the terms of custody, as the case
may be) based on evidence disclosed to the alien and the
alien's response to such evidence;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and--
(A) release such alien if such alien is detained;
and
(B) cease all restrictions on the liberty of such
alien if such restrictions exist,
unless detention is warranted solely on the basis of evidence
disclosed to the alien;
(3) initiate proceedings under section 295, if applicable;
or
(4) release such alien.
(b) Termination of Proceedings.--In the case of an alien who is
lawfully admitted for permanent residence or otherwise in the United
States with an unexpired visa and who is in immigration proceedings as
of the effective date of this Act conducted under title V of the
Immigration and Nationality Act--
(1) such proceedings are terminated as of the effective
date of this Act without prejudice to the Attorney General or
the alien; and
(2) the Attorney General may, in his or her discretion,
commence de novo removal proceedings within 10 days thereafter
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) and proceedings under section 295, if applicable.

SEC. 7. REGULATIONS.

The Attorney General shall promulgate regulations, including
regulations governing applications for withholding of deportation or
removal and relief from deportation, exclusion, or removal to implement
this Act not more than 90 days after the effective date of this Act.

SEC. 8. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to all aliens who are lawful
permanent residents or who otherwise have an unexpired visa without
regard to the date of arrival, admission, or entry into the United
States.
Secret Evidence Against Lawful Aliens Repeal Act of 2001 - Amends the Immigration and Nationality Act to require the Attorney General to provide advance notice to an alien who is a lawful permanent resident or is otherwise in the United States with an unexpired visa and the presiding officer in any immigration proceeding in which classified information is intended to be used.Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act. Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; (3) have a complete record of the proceeding kept; and (4) judicial review. Exempts an alien who is a lawful permanent resident or has an unexpired visa from related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) Provides for transitional application of information access provisions to such aliens.