III

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.

1 Resolved by the Senate (the House of Representatives

2 concurring), That the Secretary of the Senate, in the en3 rollment of the bill (S. 735) shall make the following cor4 rections:

5 In the table of contents of the bill, strike the item

6 relating to section 431 and redesignate the items relating

7 to sections 432 through 444 as relating to sections 431

8 through 443, respectively.
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1 Strike section 1605(g) of title 28, United States

2 Code, proposed to be added by section 221 of the bill, and

3 insert the following:

4 ‘‘(g) LIMITATION ON DISCOVERY.—

5 ‘‘(1) IN GENERAL.—(A) Subject to paragraph

6 (2), if an action is filed that would otherwise be

7 barred by section 1604, but for subsection (a)(7),

8 the court, upon request of the Attorney General,

9 shall stay any request, demand, or order for discov10 ery on the United States that the Attorney General

11 certifies would significantly interfere with a criminal

12 investigation or prosecution, or a national security

13 operation, related to the incident that gave rise to

14 the cause of action, until such time as the Attorney

15 General advises the court that such request, de16 mand, or order will no longer so interfere.

17 ‘‘(B) A stay under this paragraph shall be in

18 effect during the 12-month period beginning on the

19 date on which the court issues the order to stay dis20 covery. The court shall renew the order to stay dis21 covery for additional 12-month periods upon motion

22 by the United States if the Attorney General cer23 tifies that discovery would significantly interfere

24 with a criminal investigation or prosecution, or a na-
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1 tional security operation, related to the incident that

2 gave rise to the cause of action.

3 ‘‘(2) SUNSET.—(A) Subject to subparagraph

4 (B), no stay shall be granted or continued in effect

5 under paragraph (1) after the date that is 10 years

6 after the date on which the incident that gave rise

7 to the cause of action occurred.

8 ‘‘(B) After the period referred to in subpara9 graph (A), the court, upon request of the Attorney

10 General, may stay any request, demand, or order for

11 discovery on the United States that the court finds

12 a substantial likelihood would—

13 ‘‘(i) create a serious threat of death or se14 rious bodily injury to any person;

15 ‘‘(ii) adversely affect the ability of the

16 United States to work in cooperation with for17 eign and international law enforcement agencies

18 in investigating violations of United States law;

19 or

20 ‘‘(iii) obstruct the criminal case related to

21 the incident that gave rise to the cause of ac22 tion or undermine the potential for a conviction

23 in such case.

24 ‘‘(3) EVALUATION OF EVIDENCE.—The court’s

25 evaluation of any request for a stay under this sub-
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1 section filed by the Attorney General shall be con2 ducted ex parte and in camera.

3 ‘‘(4) BAR ON MOTIONS TO DISMISS.—A stay of

4 discovery under this subsection shall constitute a bar

5 to the granting of a motion to dismiss under rules

6 12(b)(6) and 56 of the Federal Rules of Civil Proce7 dure.

8 ‘‘(5) CONSTRUCTION.—Nothing in this sub9 section shall prevent the United States from seeking

10 protective orders or asserting privileges ordinarily

11 available to the United States.’’.

12 In section 620G(a), proposed to be inserted after sec13 tion 620F of the Foreign Assistance Act of 1961, by sec14 tion 325 of the bill, strike ‘‘may’’ and insert ‘‘shall’’.

15 In section 620H(a), proposed to be inserted after sec16 tion 620G of the Foreign Assistance Act of 1961, by sec17 tion 326 of the bill—

18 (1) strike ‘‘may’’ and insert ‘‘shall’’;

19 (2) strike ‘‘shall be provided’’; and

20 (3) insert ‘‘section’’ before ‘‘6(j)’’.

21 In section 219, proposed to be inserted in title II of

22 the Immigration and Nationality Act, by section 302 of

23 the bill—

24 (1) in subsection (a)(1), insert ‘‘foreign’’ before

25 ‘‘terrorist organization’’;
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1 (2) in subsection (a)(2)(A)(i), strike ‘‘an’’

2 before ‘‘organization under’’ and insert ‘‘a foreign’’;

3 (3) in subsection (a)(2)(C), insert ‘‘foreign’’

4 before ‘‘organization’’; and

5 (4) in subsection (a)(4)(B), insert ‘‘foreign’’

6 before ‘‘terrorist organization’’.

7 In section 2339B(g), proposed to be added at the end

8 of chapter 113B of title 18, United States Code, by section

9 303 of the bill, strike paragraph (5) and redesignate para10 graphs (6) and (7) as paragraphs (5) and (6), respectively.

11 In section 2332d(a), proposed to be added to chapter

12 113B of title 18, United States Code, by section 321(a)

13 of the bill—

14 (1) strike ‘‘by the Secretary of State’’ and in15 sert ‘‘by the Secretary of the Treasury’’;

16 (2) strike ‘‘with the Secretary of the Treasury’’

17 and insert ‘‘with the Secretary of State’’; and

18 (3) add the words ‘‘the government of’’ after

19 ‘‘engages in a financial transaction with’’.

20 At the end of section 321 of the bill, add the

21 following:

22 ‘‘(c) EFFECTIVE DATE.—The amendments made by

23 this section shall become effective 120 days after the date

24 of enactment of this Act.’’.
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1 In section 414(b) and 422(c) of the bill, strike ‘‘90’’

2 and insert ‘‘180’’.

3 In section 40A(b), proposed to be added to chapter

4 3 of the Arms Export Control Act, by section 330 of the

5 bill strike ‘‘essential’’ and insert ‘‘important’’.

6 In section 40A(b), proposed to be added to chapter

7 3 of the Arms Export Control Act, by section 330 of the

8 bill, strike ‘‘security’’.

9 Strike section 431 of the bill and redesignate sections

10 432 through 444 as sections 431 through 443, respec11 tively.

12 In section 511(c) of the bill, strike ‘‘amended—’’ and

13 all that follows through ‘‘(2)’’ and insert ‘‘amended’’.

14 In section 801 of the bill, strike ‘‘subject to the con15 currence of’’ and insert ‘‘in consultation with’’.

16 In section 443, by striking subsection (d) in its en17 tirety and inserting:

18 ‘‘(d) EFFECTIVE DATE.—The amendments made by

19 this section shall become effective no later than 60 days

20 after the publication by the Attorney General of imple21 menting regulations that shall be published on or before

22 January 1, 1997.’’.

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