S. Con. Res. 55 Agreed to April 24, 1996

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

Concurrent Resolution

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.
S. Con. Res. 55—2

‘‘(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.’’.

(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 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. (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 ‘‘engages 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’’.

(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’’.
S. Con. Res. 55—3

(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.’’.

Attest:

Secretary of the Senate.

Attest:

Clerk of the House of Representatives.