110 STAT. 4430 CONCURRENT RESOLUTIONS—APR. 24, 1996 Apr. 24, 1996 ENROLLMENT CORRECTIONS—S. 735 [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: (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. "(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.".
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