104TH CONGRESS

1ST SESSION S. 219

AN ACT

To ensure economy and efficiency of Federal Government

operations by establishing a moratorium on regulatory

rulemaking actions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—REGULATORY

2 TRANSITION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Regulatory Transition

5 Act of 1995’’.

6 SEC. 102. FINDING.

7 The Congress finds that effective steps for improving

8 the efficiency and proper management of Government op9 erations will be promoted if a moratorium on the effective10 ness of certain significant final rules is imposed in order

11 to provide Congress an opportunity for review.

12 SEC. 103. MORATORIUM ON REGULATIONS; CONGRES13 SIONAL REVIEW.

14 (a) REPORTING AND REVIEW OF REGULATIONS.—

15 (1) REPORTING TO CONGRESS AND THE COMP16 TROLLER GENERAL.—

17 (A) Before a rule can take effect as a final

18 rule, the Federal agency promulgating such rule

19 shall submit to each House of the Congress and

20 to the Comptroller General a report contain21 ing—

22 (i) a copy of the rule;

23 (ii) a concise general statement relat24 ing to the rule; and
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1 (iii) the proposed effective date of the

2 rule.

3 (B) The Federal agency promulgating the

4 rule shall make available to each House of Con5 gress and the Comptroller General, upon re6 quest—

7 (i) a complete copy of the cost-benefit

8 analysis of the rule, if any;

9 (ii) the agency’s actions relevant to

10 section 603, section 604, section 605, sec11 tion 607, and section 609 of Public Law

12 96–354;

13 (iii) the agency’s actions relevant to

14 title II, section 202, section 203, section

15 204, and section 205 of Public Law 104–

16 4; and

17 (iv) any other relevant information or

18 requirements under any other Act and any

19 relevant Executive Orders, such as Execu20 tive Order 12866.

21 (C) Upon receipt, each House shall provide

22 copies to the Chairman and Ranking Member of

23 each committee with jurisdiction.

24 (2) REPORTING BY THE COMPTROLLER GEN25 ERAL.—
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1 (A) The Comptroller General shall provide

2 a report on each significant rule to the commit3 tees of jurisdiction to each House of the Con4 gress by the end of 12 calendar days after the

5 submission or publication date as provided in

6 section 104(b)(2). The report of the Comptrol7 ler General shall include an assessment of the

8 agency’s compliance with procedural steps re9 quired by subparagraph (B) (i) through (iv).

10 (B) Federal agencies shall cooperate with

11 the Comptroller General by providing informa12 tion relevant to the Comptroller General’s re13 port under paragraph (2)(A) of this section.

14 (3) EFFECTIVE DATE OF SIGNIFICANT

15 RULES.—A significant rule relating to a report sub16 mitted under paragraph (1) shall take effect as a

17 final rule, the latest of—

18 (A) the later of the date occurring 45 days

19 after the date on which—

20 (i) the Congress receives the report

21 submitted under paragraph (1); or

22 (ii) the rule is published in the Fed23 eral Register;

24 (B) if the Congress passes a joint resolu25 tion of disapproval described under section 104
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1 relating to the rule, and the President signs a

2 veto of such resolution, the earlier date—

3 (i) on which either House of Congress

4 votes and fails to override the veto of the

5 President; or

6 (ii) occurring 30 session days after

7 the date on which the Congress received

8 the veto and objections of the President; or

9 (C) the date the rule would have otherwise

10 taken effect, if not for this section (unless a

11 joint resolution of disapproval under section

12 104 is enacted).

13 (4) EFFECTIVE DATE FOR OTHER RULES.—Ex14 cept for a significant rule, a rule shall take effect as

15 otherwise provided by law after submission to Con16 gress under paragraph (1).

17 (5) FAILURE OF JOINT RESOLUTION OF DIS18 APPROVAL.—Notwithstanding the provisions of para19 graph (3), the effective date of a rule shall not be

20 delayed by operation of this title beyond the date on

21 which either House of Congress votes to reject a

22 joint resolution of disapproval under section 104.

23 (b) TERMINATION OF DISAPPROVED RULEMAKING.—

24 A rule shall not take effect (or continue) as a final rule,
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1 if the Congress passes a joint resolution of disapproval de2 scribed under section 104.

3 (c) PRESIDENTIAL WAIVER AUTHORITY.—

4 (1) PRESIDENTIAL DETERMINATIONS.—Not5 withstanding any other provision of this section (ex6 cept subject to paragraph (3)), a rule that would not

7 take effect by reason of this title may take effect, if

8 the President makes a determination under para9 graph (2) and submits written notice of such deter10 mination to the Congress.

11 (2) GROUNDS FOR DETERMINATIONS.—Para12 graph (1) applies to a determination made by the

13 President by Executive order that the rule should

14 take effect because such rule is—

15 (A) necessary because of an imminent

16 threat to health or safety or other emergency;

17 (B) necessary for the enforcement of crimi18 nal laws; or

19 (C) necessary for national security.

20 (3) WAIVER NOT TO AFFECT CONGRESSIONAL

21 DISAPPROVALS.—An exercise by the President of the

22 authority under this subsection shall have no effect

23 on the procedures under section 104 or the effect of

24 a joint resolution of disapproval under this section.
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1 (d) TREATMENT OF RULES ISSUED AT END OF CON2 GRESS.—

3 (1) ADDITIONAL OPPORTUNITY FOR REVIEW.—

4 In addition to the opportunity for review otherwise

5 provided under this title, in the case of any rule that

6 is published in the Federal Register (as a rule that

7 shall take effect as a final rule) during the period

8 beginning on the date occurring 60 days before the

9 date the Congress adjourns sine die through the

10 date on which the succeeding Congress first con11 venes, section 104 shall apply to such rule in the

12 succeeding Congress.

13 (2) TREATMENT UNDER SECTION 104.—

14 (A) In applying section 104 for purposes of

15 such additional review, a rule described under

16 paragraph (1) shall be treated as though—

17 (i) such rule were published in the

18 Federal Register (as a rule that shall take

19 effect as a final rule) on the 15th session

20 day after the succeeding Congress first

21 convenes; and

22 (ii) a report on such rule were submit23 ted to Congress under subsection (a)(1) on

24 such date.
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1 (B) Nothing in this paragraph shall be

2 construed to affect the requirement under sub3 section (a)(1) that a report must be submitted

4 to Congress before a final rule can take effect.

5 (3) ACTUAL EFFECTIVE DATE NOT AF6 FECTED.—A rule described under paragraph (1)

7 shall take effect as a final rule as otherwise provided

8 by law (including other subsections of this section).

9 (e) TREATMENT OF RULES ISSUED BEFORE THIS

10 ACT.—

11 (1) OPPORTUNITY FOR CONGRESSIONAL RE12 VIEW.—The provisions of section 104 shall apply to

13 any significant rule that is published in the Federal

14 Register (as a rule that shall take effect as a final

15 rule) during the period beginning on November 20,

16 1994, through the date on which this Act takes ef17 fect.

18 (2) TREATMENT UNDER SECTION 104.—In ap19 plying section 104 for purposes of Congressional re20 view, a rule described under paragraph (1) shall be

21 treated as though—

22 (A) such rule were published in the Fed23 eral Register (as a rule that shall take effect as

24 a final rule) on the date of the enactment of

25 this Act; and
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1 (B) a report on such rule were submitted

2 to Congress under subsection (a)(1) on such

3 date.

4 (3) ACTUAL EFFECTIVE DATE NOT AF5 FECTED.—The effectiveness of a rule described

6 under paragraph (1) shall be as otherwise provided

7 by law, unless the rule is made of no force or effect

8 under section 104.

9 (f) NULLIFICATION OF RULES DISAPPROVED BY

10 CONGRESS.—Any rule that takes effect and later is made

11 of no force or effect by the enactment of a joint resolution

12 under section 104 shall be treated as though such rule

13 had never taken effect.

14 (g) NO INFERENCE TO BE DRAWN WHERE RULES

15 NOT DISAPPROVED.—If the Congress does not enact a

16 joint resolution of disapproval under section 104, no court

17 or agency may infer any intent of the Congress from any

18 action or inaction of the Congress with regard to such

19 rule, related statute, or joint resolution of disapproval.

20 SEC. 104. CONGRESSIONAL DISAPPROVAL PROCEDURE.

21 (a) JOINT RESOLUTION DEFINED.—For purposes of

22 this section, the term ‘‘joint resolution’’ means only a joint

23 resolution introduced during the period beginning on the

24 date on which the report referred to in section 103(a) is

25 received by Congress and ending 45 days thereafter, the
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1 matter after the resolving clause of which is as follows:

2 ‘‘That Congress disapproves the rule submitted by the

3 ll relating to ll, and such rule shall have no force

4 or effect.’’. (The blank spaces being appropriately filled

5 in.)

6 (b) REFERRAL.—

7 (1) IN GENERAL.—A resolution described in

8 paragraph (1) shall be referred to the committees in

9 each House of Congress with jurisdiction. Such a

10 resolution may not be reported before the eighth day

11 after its submission or publication date.

12 (2) SUBMISSION DATE.—For purposes of this

13 subsection the term ‘‘submission or publication

14 date’’ means the later of the date on which—

15 (A) the Congress receives the report sub16 mitted under section 103(a)(1); or

17 (B) the rule is published in the Federal

18 Register.

19 (c) DISCHARGE.—If the committee to which is re20 ferred a resolution described in subsection (a) has not re21 ported such resolution (or an identical resolution) at the

22 end of 20 calendar days after the submission or publica23 tion date defined under subsection (b)(2), such committee

24 may be discharged from further consideration of such res25 olution in the Senate upon a petition supported in writing
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1 by 30 Members of the Senate and in the House upon a

2 petition supported in writing by one-fourth of the Mem3 bers duly sworn and chosen or by motion of the Speaker

4 supported by the Minority Leader, and such resolution

5 shall be placed on the appropriate calendar of the House

6 involved.

7 (d) FLOOR CONSIDERATION.—

8 (1) IN GENERAL.—When the committee to

9 which a resolution is referred has reported, or when

10 a committee is discharged (under subsection (c))

11 from further consideration of, a resolution described

12 in subsection (a), it is at any time thereafter in

13 order (even though a previous motion to the same

14 effect has been disagreed to) for a motion to proceed

15 to the consideration of the resolution, and all points

16 of order against the resolution (and against consid17 eration of resolution) are waived. The motion is not

18 subject to amendment, or to a motion to postpone,

19 or to a motion to proceed to the consideration of

20 other business. A motion to reconsider the vote by

21 which the motion is agreed to or disagreed to shall

22 not be in order. If a motion to proceed to the consid23 eration of the resolution is agreed to, the resolution

24 shall remain the unfinished business of the respec25 tive House until disposed of.
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1 (2) DEBATE.—Debate on the resolution, and on

2 all debatable motions and appeals in connection

3 therewith, shall be limited to not more than 10

4 hours, which shall be divided equally between those

5 favoring and those opposing the resolution. A motion

6 further to limit debate is in order and not debatable.

7 An amendment to, or a motion to postpone, or a mo8 tion to proceed to the consideration of other busi9 ness, or a motion to recommit the resolution is not

10 in order.

11 (3) FINAL PASSAGE.—Immediately following

12 the conclusion of the debate on a resolution de13 scribed in subsection (a), and a single quorum call

14 at the conclusion of the debate if requested in ac15 cordance with the rules of the appropriate House,

16 the vote on final passage of the resolution shall

17 occur.

18 (4) APPEALS.—Appeals from the decisions of

19 the Chair relating to the application of the rules of

20 the Senate or the House of Representatives, as the

21 case may be, to the procedure relating to a resolu22 tion described in subsection (a) shall be decided

23 without debate.

24 (e) TREATMENT IF OTHER HOUSE HAS ACTED.—If,

25 before the passage by one House of a resolution of that
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1 House described in subsection (a), that House receives

2 from the other House a resolution described in subsection

3 (a), then the following procedures shall apply:

4 (1) NONREFERRAL.—The resolution of the

5 other House shall not be referred to a committee.

6 (2) FINAL PASSAGE.—With respect to a resolu7 tion described in subsection (a) of the House receiv8 ing the resolution—

9 (A) the procedure in that House shall be

10 the same as if no resolution had been received

11 from the other House; but

12 (B) the vote on final passage shall be on

13 the resolution of the other House.

14 (f) CONSTITUTIONAL AUTHORITY.—This section is

15 enacted by Congress—

16 (1) as an exercise of the rulemaking power of

17 the Senate and House of Representatives, respec18 tively, and as such it is deemed a part of the rules

19 of each House, respectively, but applicable only with

20 respect to the procedure to be followed in that

21 House in the case of a resolution described in sub22 section (a), and it supersedes other rules only to the

23 extent that it is inconsistent with such rules; and

24 (2) with full recognition of the constitutional

25 right of either House to change the rules (so far as
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1 relating to the procedure of that House) at any time,

2 in the same manner, and to the same extent as in

3 the case of any other rule of that House.

4 SEC. 105. SPECIAL RULE ON STATUTORY, REGULATORY

5 AND JUDICIAL DEADLINES.

6 (a) IN GENERAL.—In the case of any deadline for,

7 relating to, or involving any rule which does not take effect

8 (or the effectiveness of which is terminated) because of

9 the enactment of a joint resolution under section 104, that

10 deadline is extended until the date 12 months after the

11 date of the joint resolution. Nothing in this subsection

12 shall be construed to affect a deadline merely by reason

13 of the postponement of a rule’s effective date under sec14 tion 103(a).

15 (b) DEADLINE DEFINED.—The term ‘‘deadline’’

16 means any date certain for fulfilling any obligation or ex17 ercising any authority established by or under any Federal

18 statute or regulation, or by or under any court order im19 plementing any Federal statute or regulation.

20 SEC. 106. DEFINITIONS.

21 For purposes of this title—

22 (1) FEDERAL AGENCY.—The term ‘‘Federal

23 agency’’ means any ‘‘agency’’ as that term is defined

24 in section 551(1) of title 5, United States Code (re25 lating to administrative procedure).
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1 (2) SIGNIFICANT RULE.—The term ‘‘significant

2 rule’’—

3 (A) means any final rule that the Adminis4 trator of the Office of Information and Regu5 latory Affairs within the Office of Management

6 and Budget finds—

7 (i) has an annual effect on the econ8 omy of $100,000,000 or more or adversely

9 affects in a material way the economy, a

10 sector of the economy, productivity, com11 petition, jobs, the environment, public

12 health or safety, or State, local, or tribal

13 governments or communities;

14 (ii) creates a serious inconsistency or

15 otherwise interferes with an action taken

16 or planned by another agency;

17 (iii) materially alters the budgetary

18 impact of entitlement, grants, user fees, or

19 loan programs or the rights and obliga20 tions of recipients thereof; or

21 (iv) raises novel legal or policy issues

22 arising out of legal mandates, the Presi23 dent’s priorities, or the principles set forth

24 in Executive Order 12866.
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1 (B) does not include any agency action

2 that establishes, modifies, opens, closes, or con3 ducts a regulatory program for a commercial,

4 recreational, or subsistence activity relating to

5 hunting, fishing, or camping.

6 (3) FINAL RULE.—The term ‘‘final rule’’ means

7 any final rule or interim final rule. As used in this

8 paragraph, ‘‘rule’’ has the meaning given such term

9 by section 551 of title 5, United States Code, except

10 that such term does not include any rule of particu11 lar applicability including a rule that approves or

12 prescribes for the future rates, wages, prices, serv13 ices, or allowances therefor, corporate or financial

14 structures, reorganizations, mergers, or acquisitions

15 thereof, or accounting practices or disclosures bear16 ing on any of the foregoing or any rule of agency or17 ganization, personnel, procedure, practice or any

18 routine matter.

19 SEC. 107. JUDICIAL REVIEW.

20 No determination, finding, action, or omission under

21 this title shall be subject to judicial review.

22 SEC. 108. APPLICABILITY; SEVERABILITY.

23 (a) APPLICABILITY.—This title shall apply notwith24 standing any other provision of law.
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1 (b) SEVERABILITY.—If any provision of this title, or

2 the application of any provision of this title to any person

3 or circumstance, is held invalid, the application of such

4 provision to other persons or circumstances, and the re5 mainder of this title, shall not be affected thereby.

6 SEC. 109. EXEMPTION FOR MONETARY POLICY.

7 Nothing in this title shall apply to rules that concern

8 monetary policy proposed or implemented by the Board

9 of Governors of the Federal Reserve System or the Fed10 eral Open Market Committee.

11 SEC. 110. EFFECTIVE DATE.

12 This title shall take effect on the date of the enact13 ment of this Act and shall apply to any rule that takes

14 effect as a final rule on or after such effective date.

15 TITLE II—TERM GRAZING

16 PERMITS

17 SEC. 201. FINDINGS AND PURPOSE.

18 (a) FINDINGS.—Congress finds that—

19 (1) the Secretary of Agriculture (referred to in

20 this title as the ‘‘Secretary’’) administers the

21 191,000,000-acre National Forest System for mul22 tiple uses in accordance with Federal law;

23 (2) where suitable, one of the recognized mul24 tiple uses for National Forest System land is graz25 ing by livestock;
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1 (3) the Secretary authorizes grazing through

2 the issuance of term grazing permits that have

3 terms of not to exceed 10 years and that include

4 terms and conditions necessary for the proper ad5 ministration of National Forest System land and re6 sources;

7 (4) as of the date of enactment of this Act, the

8 Secretary has issued approximately 9,000 term graz9 ing permits authorizing grazing on approximately

10 90,000,000 acres of National Forest System land;

11 (5) of the approximately 9,000 term grazing

12 permits issued by the Secretary, approximately one13 half have expired or will expire by the end of 1996;

14 (6) if the holder of an expiring term grazing

15 permit has complied with the terms and conditions

16 of the permit and remains eligible and qualified, that

17 individual is considered to be a preferred applicant

18 for a new term grazing permit in the event that the

19 Secretary determines that grazing remains an appro20 priate use of the affected National Forest System

21 land;

22 (7) in addition to the approximately 9,000 term

23 grazing permits issued by the Secretary, it is esti24 mated that as many as 1,600 term grazing permits

25 may be waived by permit holders to the Secretary in
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1 favor of a purchaser of the permit holder’s permitted

2 livestock or base property by the end of 1996;

3 (8) to issue new term grazing permits, the Sec4 retary must comply with the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

6 and other laws;

7 (9) for a large percentage of the grazing per8 mits that will expire or be waived to the Secretary

9 by the end of 1996, the Secretary has devised a

10 strategy that will result in compliance with the Na11 tional Environmental Policy Act of 1969 and other

12 applicable laws (including regulations) in a timely

13 and efficient manner and enable the Secretary to

14 issue new term grazing permits, where appropriate;

15 (10) for a small percentage of the grazing per16 mits that will expire or be waived to the Secretary

17 by the end of 1996, the strategy will not provide for

18 the timely issuance of new term grazing permits;

19 and

20 (11) in cases in which ranching operations in21 volve the use of a term grazing permit issued by the

22 Secretary, it is essential for new term grazing per23 mits to be issued in a timely manner for financial

24 and other reasons.
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1 (b) PURPOSE.—The purpose of this title is to ensure

2 that grazing continues without interruption on National

3 Forest System land in a manner that provides long-term

4 protection of the environment and improvement of Na5 tional Forest System rangeland resources while also pro6 viding short-term certainty to holders of expiring term

7 grazing permits and purchasers of a permit holder’s per8 mitted livestock or base property.

9 SEC. 202. DEFINITIONS.

10 In this title:

11 (1) EXPIRING TERM GRAZING PERMIT.—The

12 term ‘‘expiring term grazing permit’’ means a term

13 grazing permit—

14 (A) that expires in 1995 or 1996; or

15 (B) that expired in 1994 and was not re16 placed with a new term grazing permit solely

17 because the analysis required by the National

18 Environmental Policy Act of 1969 (42 U.S.C.

19 4321 et seq.) and other applicable laws has not

20 been completed.

21 (2) FINAL AGENCY ACTION.—The term ‘‘final

22 agency action’’ means agency action with respect to

23 which all available administrative remedies have

24 been exhausted.
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1 (3) TERM GRAZING PERMIT.—The term ‘‘term

2 grazing permit means a term grazing permit or

3 grazing agreement issued by the Secretary under

4 section 402 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1752), section 19 of

6 the Act entitled ‘‘An Act to facilitate and simplify

7 the work of the Forest Service, and for other pur8 poses’’, approved April 24, 1950 (commonly known

9 as the ‘‘Granger-Thye Act’’) (16 U.S.C. 580l), or

10 other law.

11 SEC. 203. ISSUANCE OF NEW TERM GRAZING PERMITS.

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, regulation, policy, court order, or court sanc14 tioned settlement agreement, the Secretary shall issue a

15 new term grazing permit without regard to whether the

16 analysis required by the National Environmental Policy

17 Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable

18 laws has been completed, or final agency action respecting

19 the analysis has been taken—

20 (1) to the holder of an expiring term grazing

21 permit; or

22 (2) to the purchaser of a term grazing permit

23 holder’s permitted livestock or base property if—

24 (A) between January 1, 1995, and Decem25 ber 1, 1996, the holder has waived the term
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1 grazing permit to the Secretary pursuant to

2 section 222.3(c)(1)(iv) of title 36, Code of Fed3 eral Regulations; and

4 (B) the purchaser of the term grazing per5 mit holder’s permitted livestock or base prop6 erty is eligible and qualified to hold a term

7 grazing permit.

8 (b) TERMS AND CONDITIONS.—Except as provided in

9 subsection (c)—

10 (1) a new term grazing permit under subsection

11 (a)(1) shall contain the same terms and conditions

12 as the expired term grazing permit; and

13 (2) a new term grazing permit under subsection

14 (a)(2) shall contain the same terms and conditions

15 as the waived permit.

16 (c) DURATION.—

17 (1) IN GENERAL.—A new term grazing permit

18 under subsection (a) shall expire on the earlier of—

19 (A) the date that is 3 years after the date

20 on which it is issued; or

21 (B) the date on which final agency action

22 is taken with respect to the analysis required by

23 the National Environmental Policy Act of 1969

24 (42 U.S.C. 4321 et seq.) and other applicable

25 laws.
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1 (2) FINAL ACTION IN LESS THAN 3 YEARS.—If

2 final agency action is taken with respect to the anal3 ysis required by the National Environmental Policy

4 Act of 1969 (42 U.S.C. 4321 et seq.) and other ap5 plicable laws before the date that is 3 years after the

6 date on which a new term grazing permit is issued

7 under subsection (a), the Secretary shall—

8 (A) cancel the new term grazing permit;

9 and

10 (B) if appropriate, issue a term grazing

11 permit for a term not to exceed 10 years under

12 terms and conditions as are necessary for the

13 proper administration of National Forest Sys14 tem rangeland resources.

15 (d) DATE OF ISSUANCE.—

16 (1) EXPIRATION ON OR BEFORE DATE OF EN17 ACTMENT.—In the case of an expiring term grazing

18 permit that has expired on or before the date of en19 actment of this Act, the Secretary shall issue a new

20 term grazing permit under subsection (a)(1) not

21 later than 15 days after the date of enactment of

22 this Act.

23 (2) EXPIRATION AFTER DATE OF ENACT24 MENT.—In the case of an expiring term grazing per25 mit that expires after the date of enactment of this
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1 Act, the Secretary shall issue a new term grazing

2 permit under subsection (a)(1) on expiration of the

3 expiring term grazing permit.

4 (3) WAIVED PERMITS.—In the case of a term

5 grazing permit waived to the Secretary pursuant to

6 section 222.3(c)(1)(iv) of title 36, Code of Federal

7 Regulations, between January 1, 1995, and Decem8 ber 31, 1996, the Secretary shall issue a new term

9 grazing permit under subsection (a)(2) not later

10 than 60 days after the date on which the holder

11 waives a term grazing permit to the Secretary.

12 SEC. 204. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

13 The issuance of a new term grazing permit under sec14 tion 203(a) shall not be subject to administrative appeal

15 or judicial review.

16 SEC. 205. REPEAL.

17 This title is repealed effective as of January 1, 2001.

18 TITLE III—GENERAL PROVISION

19 SEC. 301. SENSE OF SENATE REGARDING AMERICAN CITI20 ZENS HELD IN IRAQ.

21 (a) FINDINGS.—The Senate makes the following

22 findings:

23 (1) On Saturday, March 25, 1995, an Iraqi

24 court sentenced two Americans, William Barloon
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1 and David Daliberti, to eight years imprisonment for

2 allegedly entering Iraq without permission.

3 (2) The two men were tried, convicted, and sen4 tenced in what was reported to be a very brief period

5 during that day with no other Americans present

6 and with their only legal counsel having been ap7 pointed by the Government of Iraq.

8 (3) The Department of State has stated that

9 the two Americans have committed no offense justi10 fying imprisonment and has demanded that they be

11 released immediately.

12 (4) This injustice worsens already strained rela13 tions between the United States and Iraq and makes

14 resolution of differences with Iraq more difficult.

15 (b) SENSE OF SENATE.—The Senate strongly con16 demns the unjustified actions taken by the Government

17 of Iraq against American citizens William Barloon and

18 David Daliberti and urges their immediate release from

19 prison and safe exit from Iraq. Further, the Senate urges

20 the President of the United States to take all appropriate
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1 action to assure their prompt release and safe exit from

2 Iraq.

Passed the Senate March 29 (legislative day, March

27), 1995.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION S. 219

AN ACT

To ensure economy and efficiency of Federal Govpurposes. on regulatory rulemaking actions, and for other ernment operations by establishing a moratorium