[Congressional Record Volume 142, Number 140 (Wednesday, October 2, 1996)]
[Extensions of Remarks]
[Page E1903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PROVIDING FOR CONSIDERATION OF CONFERENCE REPORT ON H.R. 3610, 
  DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997, AND PASSAGE OF H.R. 
           4278, OMNIBUS CONSOLIDATED APPROPRIATION ACT, 1997

                                 ______
                                 

                               speech of

                          HON. SUSAN MOLINARI

                              of new york

                    in the house of representatives

                      Saturday, September 28, 1996

  Ms. MOLINARI. Mr. Speaker, section 120 of the omnibus funding bill, 
H.R. 3610, contains an amendment to the effective date provision for 
rules 413 through 415 of the Federal Rules of Evidence. This amendment 
will overcome the harmful effects of the Tenth Circuit Court of 
Appeals' restrictive interpretation of the effective date language in 
United States versus Hollis Earl Roberts.
  My explanation of this amendment was printed on page H12104 of the 
September 28 daily edition of the Congressional Record, but with a 
number of typographic errors. To provide an accurate text, the 
following corrections are required to the text of my statement as 
printed on page H12104 of the September 28 daily edition:
  In the first paragraph of the statement, in the second sentence, 
``supervision'' should be ``suppression''.
  In the second paragraph of the statement, in the second sentence, the 
word ``the'' should not appear before ``other occasions''. Also, in the 
penultimate sentence of the second paragraph, ``3000'' should be 
``300''.
  In the third paragraph of the statement, in the first sentence, ``the 
date'' should be ``that date''. Also, the second sentence in the third 
paragraph should actually be two sentences reading as follows: ``Some 
judges have properly interpreted the effective date provision to make 
the rules apply in all cases in which the relevant proceeding--the 
trial--commences on or after the effective date of July 10, 1995. Other 
judges, however, have refused to apply the rules in cases where the 
indictment was filed before July 10, 1995, even though the case would 
be tried after that date.''
  In the penultimate paragraph of the statement, in the first sentence, 
``indicated'' should be ``indicted''.

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