[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 55 Agreed to Senate (ATS)]







104th CONGRESS
  2d Session
S. CON. RES. 55

  To correct the enrollment of the bill S. 735, to prevent and punish 
               acts of terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1996

  Mr. Hatch submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  To correct the enrollment of the bill S. 735, to prevent and punish 
               acts of terrorism, and for other purposes.

    Resolved by the Senate (the House of Representatives concurring), 
That the Secretary of the Senate, in the enrollment of the bill (S. 
735) shall make the following corrections:
    In the table of contents of the bill, strike the item relating to 
section 431 and redesignate the items relating to sections 432 through 
444 as relating to sections 431 through 443, respectively.
    Strike section 1605(g) of title 28, United States Code, proposed to 
be added by section 221 of the bill, and insert the following:
    ``(g) Limitation on Discovery.--
            ``(1) In general.--(A) Subject to paragraph (2), if an 
        action is filed that would otherwise be barred by section 1604, 
        but for subsection (a)(7), the court, upon request of the 
        Attorney General, shall stay any request, demand, or order for 
        discovery on the United States that the Attorney General 
        certifies would significantly interfere with a criminal 
        investigation or prosecution, or a national security operation, 
        related to the incident that gave rise to the cause of action, 
        until such time as the Attorney General advises the court that 
        such request, demand, or order will no longer so interfere.
            ``(B) A stay under this paragraph shall be in effect during 
        the 12-month period beginning on the date on which the court 
        issues the order to stay discovery. The court shall renew the 
        order to stay discovery for additional 12-month periods upon 
        motion by the United States if the Attorney General certifies 
        that discovery would significantly interfere with a criminal 
        investigation or prosecution, or a national security operation, 
        related to the incident that gave rise to the cause of action.
            ``(2) Sunset.--(A) Subject to subparagraph (B), no stay 
        shall be granted or continued in effect under paragraph (1) 
        after the date that is 10 years after the date on which the 
        incident that gave rise to the cause of action occurred.
            ``(B) After the period referred to in subparagraph (A), the 
        court, upon request of the Attorney General, may stay any 
        request, demand, or order for discovery on the United States 
        that the court finds a substantial likelihood would--
                    ``(i) create a serious threat of death or serious 
                bodily injury to any person;
                    ``(ii) adversely affect the ability of the United 
                States to work in cooperation with foreign and 
                international law enforcement agencies in investigating 
                violations of United States law; or
                    ``(iii) obstruct the criminal case related to the 
                incident that gave rise to the cause of action or 
                undermine the potential for a conviction in such case.
            ``(3) Evaluation of evidence.--The court's evaluation of 
        any request for a stay under this subsection filed by the 
        Attorney General shall be conducted ex parte and in camera.
            ``(4) Bar on motions to dismiss.--A stay of discovery under 
        this subsection shall constitute a bar to the granting of a 
        motion to dismiss under rules 12(b)(6) and 56 of the Federal 
        Rules of Civil Procedure.
            ``(5) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective orders or 
        asserting privileges ordinarily available to the United 
        States.''.
    In section 620G(a), proposed to be inserted after section 620F of 
the Foreign Assistance Act of 1961, by section 325 of the bill, strike 
``may'' and insert ``shall''.
    In section 620H(a), proposed to be inserted after section 620G of 
the Foreign Assistance Act of 1961, by section 326 of the bill--
            (1) strike ``may'' and insert ``shall'';
            (2) strike ``shall be provided''; and
            (3) insert ``section'' before ``6(j)''.
    In section 219, proposed to be inserted in title II of the 
Immigration and Nationality Act, by section 302 of the bill--
            (1) in subsection (a)(1), insert ``foreign'' before 
        ``terrorist organization'';
            (2) in subsection (a)(2)(A)(i), strike ``an'' before 
        ``organization under'' and insert ``a foreign'';
            (3) in subsection (a)(2)(C), insert ``foreign'' before 
        ``organization''; and
            (4) in subsection (a)(4)(B), insert ``foreign'' before 
        ``terrorist organization''.
    In section 2339B(g), proposed to be added at the end of chapter 
113B of title 18, United States Code, by section 303 of the bill, 
strike paragraph (5) and redesignate paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively.
    In section 2332d(a), proposed to be added to chapter 113B of title 
18, United States Code, by section 321(a) of the bill--
            (1) strike ``by the Secretary of State'' and insert ``by 
        the Secretary of the Treasury'';
            (2) strike ``with the Secretary of the Treasury'' and 
        insert ``with the Secretary of State''; and
            (3) add the words ``the government of'' after ``engages in 
        a financial transaction with''.
    At the end of section 321 of the bill, add the following:
    ``(c) Effective Date.--The amendments made by this section shall 
become effective 120 days after the date of enactment of this Act.''.
    In section 414(b) and 422(c) of the bill, strike ``90'' and insert 
``180''.
    In section 40A(b), proposed to be added to chapter 3 of the Arms 
Export Control Act, by section 330 of the bill strike ``essential'' and 
insert ``important''.
    In section 40A(b), proposed to be added to chapter 3 of the Arms 
Export Control Act, by section 330 of the bill, strike ``security''.
    Strike section 431 of the bill and redesignate sections 432 through 
444 as sections 431 through 443, respectively.
    In section 511(c) of the bill, strike ``amended--'' and all that 
follows through ``(2)'' and insert ``amended''.
    In section 801 of the bill, strike ``subject to the concurrence 
of'' and insert ``in consultation with''.
    In section 443, by striking subsection (d) in its entirety and 
inserting:
    ``(d) Effective Date.--The amendments made by this section shall 
become effective no later than 60 days after the publication by the 
Attorney General of implementing regulations that shall be published on 
or before January 1, 1997.''.
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