Page:United States Statutes at Large Volume 110 Part 2.djvu/88

 110 STAT. 1262 PUBLIC LAW 104-132—APR. 24, 1996 "(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) DISCOVERY.— " (1) IN GENERAL.—For purposes of this title— "(A) discovery of information derived pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States; "(B) an alien subject to removal under this title shall not be entitled to suppress evidence that the alien alleges was unlawfully obtained; and "(C) section 3504 of title 18, United States Code, and section 1806(c) of title 50, United States Code, shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation. "(2) PROTECTIVE ORDERS. — Nothing in this title shall prevent the United States from seeking protective orders and from asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privileges. "(3) TREATMENT OF CLASSIFIED INFORMATION.— "(A) USE.—The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information. "(B) SUBMISSION. —With respect to such information, the Government shall submit to the removal court an unclassified summary of the specific evidence that does not pose that risk. "(C) APPROVAL.—Not later than 15 days after submission, the judge shall approve the summary if the judge finds that it is sufficient to enable the alien to prepare a defense. The Government shall deliver to the alien a copy of the unclassified summary approved under this subparagraph. "(D) DISAPPROVAL.— "(i) IN GENERAL. — If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary. "(ii) REVISED SUMMARY. —If the revised unclassified summary is not approved by the court within 15 days

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