[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4073-S4074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE CONCURRENT RESOLUTION 55--TO CORRECT THE ENROLLMENT OF THE BILL 
                                 S. 735

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

                            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.
       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) of 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'';
       (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:

[[Page S4074]]

       ``(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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