[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[House]
[Pages H3744-H3745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CORRECTING TECHNICAL ERRORS IN THE ENROLLMENT OF S. 735, ANTITERRORISM 
                AND EFFECTIVE DEATH PENALTY ACT OF 1996

  Mr. LUCAS of Oklahoma. Mr. Speaker, I ask unanimous consent to take 
from the Speaker's table the Senate concurrent resolution (S. Con. Res. 
55) to correct the enrollment of the bill S. 735, to prevent and punish 
acts of terrorism, and for other purposes, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate concurrent resolution.
  The SPEAKER pro tempore (Mr. Radanovich). Is there is objection to 
the request of the gentleman from Oklahoma?
  Mr. MOAKLEY. Mr. Speaker, reserving the right to object, although we 
do not object to the substance of this concurrrent resolution, the 
gentleman from Michigan [Mr. Conyers], the ranking member of the 
Committee on the Judiciary, who could not be here because of a 
Committee on the Judiciary markup, would like to note the deficiencies 
in the process leading up to this unanimous-consent request. The 
ranking member of the Committee on the Judiciary was not informed of 
the problems in this bill, nor was he included in the discussions as to 
how to fix this bill.
  The support of the gentleman from Michigan [Mr. Conyers] was enlisted 
only after the text of the resolution was agreed to. So, in the future, 
if the majority seeks a unanimous-consent request, we expect the 
Democrats to be consulted at the beginning of the process, and not at 
the end.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is their objection to the request of the 
gentleman from Oklahoma?
  There was no objection.
  The Clerk read the Senate concurrent resolution, as follows:

                            S. Con. Res. 55

       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:
       (a) 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.
       (b) 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 requst 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.''.
       (c) 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''.
       (d) 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)''.
       (e) 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''.
       (f) In section 2339B(g), proposed to be added at the end of 
     chapter 113B of tile 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.
       (g) 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 ``engaged in 
     a financial transaction with''.
       (h) 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.''.
       (i) In sections 414(b) and 422(c) of the bill, strike 
     ``90'' and insert ``180''.
       (j) 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''.
       (k) 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''.

[[Page H3745]]

       (l) Strike section 431 of the bill and redesignate sections 
     432 through 444 as sections 431 through 443, respectively.
       (m) In section 511(c) of the bill, strike ``amended--'' and 
     all that follows through ``(2)'' and insert ``amended''.
       (n) In section 801 of the bill, strike ``subject to the 
     concurrence of'' and insert ``in consultation with''.
       (o) 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.''.

  The Senate concurrent resolution was concurred in.
  A motion to reconsider was laid on the table.

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