104TH CONGRESS

2D SESSION S. CON. RES. 55

CONCURRENT RESOLUTION

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 (a) 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.

9 (b) Strike section 1605(g) of title 28, United States

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

11 insert the following:

12 ‘‘(g) LIMITATION ON DISCOVERY.—

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

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

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

16 the court, upon request of the Attorney General,

17 shall stay any request, demand, or order for discov18 ery on the United States that the Attorney General

19 certifies would significantly interfere with a criminal
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1 investigation or prosecution, or a national security

2 operation, related to the incident that gave rise to

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

4 General advises the court that such request, de5 mand, or order will no longer so interfere.

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

7 effect during the 12-month period beginning on the

8 date on which the court issues the order to stay dis9 covery. The court shall renew the order to stay dis10 covery for additional 12-month periods upon motion

11 by the United States if the Attorney General cer12 tifies that discovery would significantly interfere

13 with a criminal investigation or prosecution, or a na14 tional security operation, related to the incident that

15 gave rise to the cause of action.

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

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

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

19 after the date on which the incident that gave rise

20 to the cause of action occurred.

21 ‘‘(B) After the period referred to in subpara22 graph (A), the court, upon request of the Attorney

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

24 discovery on the United States that the court finds

25 a substantial likelihood would—
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1 ‘‘(i) create a serious threat of death or se2 rious bodily injury to any person;

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

4 United States to work in cooperation with for5 eign and international law enforcement agencies

6 in investigating violations of United States law;

7 or

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

9 the incident that gave rise to the cause of ac10 tion or undermine the potential for a conviction

11 in such case.

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

13 evaluation of any request for a stay under this sub14 section filed by the Attorney General shall be con15 ducted ex parte and in camera.

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

17 discovery under this subsection shall constitute a bar

18 to the granting of a motion to dismiss under rules

19 12(b)(6) and 56 of the Federal Rules of Civil Proce20 dure.

21 ‘‘(5) CONSTRUCTION.—Nothing in this sub22 section shall prevent the United States from seeking

23 protective orders or asserting privileges ordinarily

24 available to the United States.’’.
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1 (c) In section 620G(a), proposed to be inserted after

2 section 620F of the Foreign Assistance Act of 1961, by

3 section 325 of the bill, strike ‘‘may’’ and insert ‘‘shall’’.

4 (d) In section 620H(a), proposed to be inserted after

5 section 620G of the Foreign Assistance Act of 1961, by

6 section 326 of the bill—

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

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

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

10 (e) In section 219, proposed to be inserted in title

11 II of the Immigration and Nationality Act, by section 302

12 of the bill—

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

14 ‘‘terrorist organization’’;

15 (2) in subsection (a)(2)(A)(i), strike ‘‘an’’

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

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

18 before ‘‘organization’’; and

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

20 before ‘‘terrorist organization’’.

21 (f) In section 2339B(g), proposed to be added at the

22 end of chapter 113B of title 18, United States Code, by

23 section 303 of the bill, strike paragraph (5) and redesig24 nate paragraphs (6) and (7) as paragraphs (5) and (6),

25 respectively.
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1 (g) In section 2332d(a), proposed to be added to

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

3 321(a) of the bill—

4 (1) strike ‘‘by the Secretary of State’’ and in5 sert ‘‘by the Secretary of the Treasury’’;

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

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

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

9 ‘‘engaged in a financial transaction with’’.

10 (h) At the end of section 321 of the bill, add the fol11 lowing:

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

13 this section shall become effective 120 days after the date

14 of enactment of this Act.’’.

15 (i) In sections 414(b) and 422(c) of the bill, strike

16 ‘‘90’’ and insert ‘‘180’’.

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

18 3 of the Arms Export Control Act, by section 330 of the

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

20 (k) In section 40A(b), proposed to be added to chap21 ter 3 of the Arms Export Control Act, by section 330 of

22 the bill, strike ‘‘security’’.

23 (l) Strike section 431 of the bill and redesignate sec24 tions 432 through 444 as sections 431 through 443, re25 spectively.
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1 (m) In section 511(c) of the bill, strike ‘‘amended—

2 ’’ and all that follows through ‘‘(2)’’ and insert ‘‘amend3 ed’’.

4 (n) In section 801 of the bill, strike ‘‘subject to the

5 concurrence of’’ and insert ‘‘in consultation with’’.

6 (o) In section 443, by striking subsection (d) in its

7 entirety and inserting:

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

9 this section shall become effective no later than 60 days

10 after the publication by the Attorney General of imple11 menting regulations that shall be published on or before

12 January 1, 1997.’’.

Passed the Senate April 24, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. CON. RES. 55

CONCURRENT RESOLUTION

To correct the enrollment of the bill S. 735, to prepurposes. vent and punish acts of terrorism, and for other