[Congressional Record Volume 141, Number 58 (Wednesday, March 29, 1995)]
[Senate]
[Pages S4758-S4761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       REGULATORY TRANSITION ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
resume consideration of S. 219, the Regulatory Transition Act of 1995, 
which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 219) to ensure economy and efficiency of Federal 
     Government operations by establishing a moratorium on 
     regulatory rulemaking actions, and for other purposes.

  The PRESIDING OFFICER. Under the previous order, the question now 
occurs on final passage of S. 219, as amended.
  The yeas and nays have been ordered and the clerk will call the roll.
  The legislative clerk called the roll.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced--yeas 100, nays 0, as follows:
                      [Rollcall Vote No. 117 Leg.]

                               YEAS--100

     Abraham
     Akaka
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Exon
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Shelby
     Simon
     Simpson
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner
     Wellstone
  So, the bill (S. 219) as amended, was passed as follows:
                                 S. 219
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
                     TITLE I--REGULATORY TRANSITION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Regulatory Transition Act 
     of 1995''.

     SEC. 102. FINDING.

       The Congress finds that effective steps for improving the 
     efficiency and proper management of Government operations 
     will be promoted if a moratorium on the effectiveness of 
     certain significant final rules is imposed in order to 
     provide Congress an opportunity for review.

     SEC. 103. MORATORIUM ON REGULATIONS; CONGRESSIONAL REVIEW.

       (a) Reporting and Review of Regulations.--
       (1) Reporting to congress and the comptroller general.--
       (A) Before a rule can take effect as a final rule, the 
     Federal agency promulgating such rule shall submit to each 
     House of the Congress and to the Comptroller General a report 
     containing--
       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule; and
       (iii) the proposed effective date of the rule.
       (B) The Federal agency promulgating the rule shall make 
     available to each House of Congress and the Comptroller 
     General, upon request--
       (i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       (ii) the agency's actions relevant to section 603, section 
     604, section 605, section 607, and section 609 of Public Law 
     96-354;
       (iii) the agency's actions relevant to title II, section 
     202, section 203, section 204, and section 205 of Public Law 
     104-4; and
       (iv) any other relevant information or requirements under 
     any other Act and any relevant Executive Orders, such as 
     Executive Order 12866.
       (C) Upon receipt, each House shall provide copies to the 
     Chairman and Ranking Member of each committee with 
     jurisdiction.
       (2) Reporting by the comptroller general.--
       (A) The Comptroller General shall provide a report on each 
     significant rule to the committees of jurisdiction to each 
     House of the Congress by the end of 12 calendar days after 
     the submission or publication date as provided in section 
     104(b)(2). The report of the Comptroller General shall 
     include an assessment of the agency's compliance with 
     procedural steps required by subparagraph (B) (i) through 
     (iv).
       (B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under paragraph (2)(A) of this section.
       (3) Effective date of significant rules.--A significant 
     rule relating to a report submitted under paragraph (1) shall 
     take effect as a final rule, the latest of--
       (A) the later of the date occurring 45 days after the date 
     on which--
       (i) the Congress receives the report submitted under 
     paragraph (1); or
       (ii) the rule is published in the Federal Register;
       (B) if the Congress passes a joint resolution of 
     disapproval described under section 104 relating to the rule, 
     and the President signs a veto of such resolution, the 
     earlier date--
       (i) on which either House of Congress votes and fails to 
     override the veto of the President; or
       (ii) occurring 30 session days after the date on which the 
     Congress received the veto and objections of the President; 
     or
       (C) the date the rule would have otherwise taken effect, if 
     not for this section (unless a joint resolution of 
     disapproval under section 104 is enacted).
       (4) Effective date for other rules.--Except for a 
     significant rule, a rule shall take effect as otherwise 
     provided by law after submission to Congress under paragraph 
     (1).
       (5) Failure of joint resolution of disapproval.--
     Notwithstanding the provisions of paragraph (3), the 
     effective date of a rule shall not be delayed by operation of 
     this title beyond the date on which either House of Congress 
     votes to reject a joint resolution of disapproval under 
     section 104.
       (b) Termination of Disapproved Rulemaking.--A rule shall 
     not take effect (or continue) as a final rule, if the 
     Congress passes a joint resolution of disapproval described 
     under section 104.
       (c) Presidential Waiver Authority.--
       (1) Presidential determinations.--Notwithstanding any other 
     provision of this section (except subject to paragraph (3)), 
     a rule that would not take effect by reason of this title may 
     take effect, if the President makes a determination under 
     paragraph (2) and submits written notice of such 
     determination to the Congress.
       (2) Grounds for determinations.--Paragraph (1) applies to a 
     determination made by the President by Executive order that 
     the rule should take effect because such rule is--
       (A) necessary because of an imminent threat to health or 
     safety or other emergency;
       (B) necessary for the enforcement of criminal laws; or
       (C) necessary for national security.
       (3) Waiver not to affect congressional disapprovals.--An 
     exercise by the President of the authority under this 
     subsection shall have no effect on the procedures under 
     section 104 or the effect of a joint resolution of 
     disapproval under this section.
       (d) Treatment of Rules Issued at End of Congress.--
       (1) Additional opportunity for review.--In addition to the 
     opportunity for review otherwise provided under this title, 
     in the case of any rule that is published in the Federal 
     Register (as a rule that shall take effect as a final rule) 
     during the period beginning on the date occurring 60 days 
     before the date the Congress adjourns sine die through the 
     date on which the succeeding Congress first convenes, section 
     104 shall apply to such rule in the succeeding Congress.
       (2) Treatment under section 104.--
       (A) In applying section 104 for purposes of such additional 
     review, a rule described under paragraph (1) shall be treated 
     as though--
       (i) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the 15th 
     session day after the succeeding Congress first convenes; and
       (ii) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (B) Nothing in this paragraph shall be construed to affect 
     the requirement under subsection (a)(1) that a report must be 
     submitted to Congress before a final rule can take effect.
       (3) Actual effective date not affected.--A rule described 
     under paragraph 
     [[Page S4759]] (1) shall take effect as a final rule as 
     otherwise provided by law (including other subsections of 
     this section).
       (e) Treatment of Rules Issued Before This Act.--
       (1) Opportunity for congressional review.--The provisions 
     of section 104 shall apply to any significant rule that is 
     published in the Federal Register (as a rule that shall take 
     effect as a final rule) during the period beginning on 
     November 20, 1994, through the date on which this Act takes 
     effect.
       (2) Treatment under section 104.--In applying section 104 
     for purposes of Congressional review, a rule described under 
     paragraph (1) shall be treated as though--
       (A) such rule were published in the Federal Register (as a 
     rule that shall take effect as a final rule) on the date of 
     the enactment of this Act; and
       (B) a report on such rule were submitted to Congress under 
     subsection (a)(1) on such date.
       (3) Actual effective date not affected.--The effectiveness 
     of a rule described under paragraph (1) shall be as otherwise 
     provided by law, unless the rule is made of no force or 
     effect under section 104.
       (f) Nullification of Rules Disapproved by Congress.--Any 
     rule that takes effect and later is made of no force or 
     effect by the enactment of a joint resolution under section 
     104 shall be treated as though such rule had never taken 
     effect.
       (g) No Inference to be Drawn Where Rules Not Disapproved.--
     If the Congress does not enact a joint resolution of 
     disapproval under section 104, no court or agency may infer 
     any intent of the Congress from any action or inaction of the 
     Congress with regard to such rule, related statute, or joint 
     resolution of disapproval.

     SEC. 104. CONGRESSIONAL DISAPPROVAL PROCEDURE.

       (a) Joint Resolution Defined.--For purposes of this 
     section, the term ``joint resolution'' means only a joint 
     resolution introduced during the period beginning on the date 
     on which the report referred to in section 103(a) is received 
     by Congress and ending 45 days thereafter, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     disapproves the rule submitted by the ____ relating to ____, 
     and such rule shall have no force or effect.''. (The blank 
     spaces being appropriately filled in.)
       (b) Referral.--
       (1) In general.--A resolution described in paragraph (1) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction. Such a resolution may not be reported 
     before the eighth day after its submission or publication 
     date.
       (2) Submission date.--For purposes of this subsection the 
     term ``submission or publication date'' means the later of 
     the date on which--
       (A) the Congress receives the report submitted under 
     section 103(a)(1); or
       (B) the rule is published in the Federal Register.
       (c) Discharge.--If the committee to which is referred a 
     resolution described in subsection (a) has not reported such 
     resolution (or an identical resolution) at the end of 20 
     calendar days after the submission or publication date 
     defined under subsection (b)(2), such committee may be 
     discharged from further consideration of such resolution in 
     the Senate upon a petition supported in writing by 30 Members 
     of the Senate and in the House upon a petition supported in 
     writing by one-fourth of the Members duly sworn and chosen or 
     by motion of the Speaker supported by the Minority Leader, 
     and such resolution shall be placed on the appropriate 
     calendar of the House involved.
       (d) Floor Consideration.--
       (1) In general.--When the committee to which a resolution 
     is referred has reported, or when a committee is discharged 
     (under subsection (c)) from further consideration of, a 
     resolution described in subsection (a), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for a motion to proceed to 
     the consideration of the resolution, and all points of order 
     against the resolution (and against consideration of 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the resolution is agreed to, the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. A 
     motion further to limit debate is in order and not debatable. 
     An amendment to, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the resolution is not in order.
       (3) Final passage.--Immediately following the conclusion of 
     the debate on a resolution described in subsection (a), and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the resolution shall 
     occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Treatment if Other House Has Acted.--If, before the 
     passage by one House of a resolution of that House described 
     in subsection (a), that House receives from the other House a 
     resolution described in subsection (a), then the following 
     procedures shall apply:
       (1) Nonreferral.--The resolution of the other House shall 
     not be referred to a committee.
       (2) Final passage.--With respect to a resolution described 
     in subsection (a) of the House receiving the resolution--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
       (f) Constitutional Authority.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 105. SPECIAL RULE ON STATUTORY, REGULATORY AND JUDICIAL 
                   DEADLINES.

       (a) In General.--In the case of any deadline for, relating 
     to, or involving any rule which does not take effect (or the 
     effectiveness of which is terminated) because of the 
     enactment of a joint resolution under section 104, that 
     deadline is extended until the date 12 months after the date 
     of the joint resolution. Nothing in this subsection shall be 
     construed to affect a deadline merely by reason of the 
     postponement of a rule's effective date under section 103(a).
       (b) Deadline Defined.--The term ``deadline'' means any date 
     certain for fulfilling any obligation or exercising any 
     authority established by or under any Federal statute or 
     regulation, or by or under any court order implementing any 
     Federal statute or regulation.

     SEC. 106. DEFINITIONS.

       For purposes of this title--
       (1) Federal agency.--The term ``Federal agency'' means any 
     ``agency'' as that term is defined in section 551(1) of title 
     5, United States Code (relating to administrative procedure).
       (2) Significant rule.--The term ``significant rule''--
       (A) means any final rule that the Administrator of the 
     Office of Information and Regulatory Affairs within the 
     Office of Management and Budget finds--
       (i) has an annual effect on the economy of $100,000,000 or 
     more or adversely affects in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (ii) creates a serious inconsistency or otherwise 
     interferes with an action taken or planned by another agency;
       (iii) materially alters the budgetary impact of 
     entitlement, grants, user fees, or loan programs or the 
     rights and obligations of recipients thereof; or
       (iv) raises novel legal or policy issues arising out of 
     legal mandates, the President's priorities, or the principles 
     set forth in Executive Order 12866.
       (B) does not include any agency action that establishes, 
     modifies, opens, closes, or conducts a regulatory program for 
     a commercial, recreational, or subsistence activity relating 
     to hunting, fishing, or camping.
       (3) Final rule.--The term ``final rule'' means any final 
     rule or interim final rule. As used in this paragraph, 
     ``rule'' has the meaning given such term by section 551 of 
     title 5, United States Code, except that such term does not 
     include any rule of particular applicability including a rule 
     that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefor, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing or any rule of agency 
     organization, personnel, procedure, practice or any routine 
     matter.

     SEC. 107. JUDICIAL REVIEW.

       No determination, finding, action, or omission under this 
     title shall be subject to judicial review.

     SEC. 108. APPLICABILITY; SEVERABILITY.

       (a) Applicability.--This title shall apply notwithstanding 
     any other provision of law.
       (b) Severability.--If any provision of this title, or the 
     application of any provision of this title to any person or 
     circumstance, is held invalid, the application of such 
     provision to other persons or circumstances, and the 
     remainder of this title, shall not be affected thereby.

     SEC. 109. EXEMPTION FOR MONETARY POLICY.

       Nothing in this title shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.
     [[Page S4760]] SEC. 110. EFFECTIVE DATE.

       This title shall take effect on the date of the enactment 
     of this Act and shall apply to any rule that takes effect as 
     a final rule on or after such effective date.
                     TITLE II--TERM GRAZING PERMITS

     SEC. 201. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Secretary of Agriculture (referred to in this title 
     as the ``Secretary'') administers the 191,000,000-acre 
     National Forest System for multiple uses in accordance with 
     Federal law;
       (2) where suitable, one of the recognized multiple uses for 
     National Forest System land is grazing by livestock;
       (3) the Secretary authorizes grazing through the issuance 
     of term grazing permits that have terms of not to exceed 10 
     years and that include terms and conditions necessary for the 
     proper administration of National Forest System land and 
     resources;
       (4) as of the date of enactment of this Act, the Secretary 
     has issued approximately 9,000 term grazing permits 
     authorizing grazing on approximately 90,000,000 acres of 
     National Forest System land;
       (5) of the approximately 9,000 term grazing permits issued 
     by the Secretary, approximately one-half have expired or will 
     expire by the end of 1996;
       (6) if the holder of an expiring term grazing permit has 
     complied with the terms and conditions of the permit and 
     remains eligible and qualified, that individual is considered 
     to be a preferred applicant for a new term grazing permit in 
     the event that the Secretary determines that grazing remains 
     an appropriate use of the affected National Forest System 
     land;
       (7) in addition to the approximately 9,000 term grazing 
     permits issued by the Secretary, it is estimated that as many 
     as 1,600 term grazing permits may be waived by permit holders 
     to the Secretary in favor of a purchaser of the permit 
     holder's permitted livestock or base property by the end of 
     1996;
       (8) to issue new term grazing permits, the Secretary must 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other laws;
       (9) for a large percentage of the grazing permits that will 
     expire or be waived to the Secretary by the end of 1996, the 
     Secretary has devised a strategy that will result in 
     compliance with the National Environmental Policy Act of 1969 
     and other applicable laws (including regulations) in a timely 
     and efficient manner and enable the Secretary to issue new 
     term grazing permits, where appropriate;
       (10) for a small percentage of the grazing permits that 
     will expire or be waived to the Secretary by the end of 1996, 
     the strategy will not provide for the timely issuance of new 
     term grazing permits; and
       (11) in cases in which ranching operations involve the use 
     of a term grazing permit issued by the Secretary, it is 
     essential for new term grazing permits to be issued in a 
     timely manner for financial and other reasons.
       (b) Purpose.--The purpose of this title is to ensure that 
     grazing continues without interruption on National Forest 
     System land in a manner that provides long-term protection of 
     the environment and improvement of National Forest System 
     rangeland resources while also providing short-term certainty 
     to holders of expiring term grazing permits and purchasers of 
     a permit holder's permitted livestock or base property.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Expiring term grazing permit.--The term ``expiring term 
     grazing permit'' means a term grazing permit--
       (A) that expires in 1995 or 1996; or
       (B) that expired in 1994 and was not replaced with a new 
     term grazing permit solely because the analysis required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and other applicable laws has not been completed.
       (2) Final agency action.--The term ``final agency action'' 
     means agency action with respect to which all available 
     administrative remedies have been exhausted.
       (3) Term grazing permit.--The term ``term grazing permit 
     means a term grazing permit or grazing agreement issued by 
     the Secretary under section 402 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1752), section 19 of 
     the Act entitled ``An Act to facilitate and simplify the work 
     of the Forest Service, and for other purposes'', approved 
     April 24, 1950 (commonly known as the ``Granger-Thye Act'') 
     (16 U.S.C. 580l), or other law.

     SEC. 203. ISSUANCE OF NEW TERM GRAZING PERMITS.

       (a) In General.--Notwithstanding any other provision of 
     law, regulation, policy, court order, or court sanctioned 
     settlement agreement, the Secretary shall issue a new term 
     grazing permit without regard to whether the analysis 
     required by the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other applicable laws has been 
     completed, or final agency action respecting the analysis has 
     been taken--
       (1) to the holder of an expiring term grazing permit; or
       (2) to the purchaser of a term grazing permit holder's 
     permitted livestock or base property if--
       (A) between January 1, 1995, and December 1, 1996, the 
     holder has waived the term grazing permit to the Secretary 
     pursuant to section 222.3(c)(1)(iv) of title 36, Code of 
     Federal Regulations; and
       (B) the purchaser of the term grazing permit holder's 
     permitted livestock or base property is eligible and 
     qualified to hold a term grazing permit.
       (b) Terms and Conditions.--Except as provided in subsection 
     (c)--
       (1) a new term grazing permit under subsection (a)(1) shall 
     contain the same terms and conditions as the expired term 
     grazing permit; and
       (2) a new term grazing permit under subsection (a)(2) shall 
     contain the same terms and conditions as the waived permit.
       (c) Duration.--
       (1) In general.--A new term grazing permit under subsection 
     (a) shall expire on the earlier of--
       (A) the date that is 3 years after the date on which it is 
     issued; or
       (B) the date on which final agency action is taken with 
     respect to the analysis required by the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable laws.
       (2) Final action in less than 3 years.--If final agency 
     action is taken with respect to the analysis required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and other applicable laws before the date that is 3 
     years after the date on which a new term grazing permit is 
     issued under subsection (a), the Secretary shall--
       (A) cancel the new term grazing permit; and
       (B) if appropriate, issue a term grazing permit for a term 
     not to exceed 10 years under terms and conditions as are 
     necessary for the proper administration of National Forest 
     System rangeland resources.
       (d) Date of Issuance.--
       (1) Expiration on or before date of enactment.--In the case 
     of an expiring term grazing permit that has expired on or 
     before the date of enactment of this Act, the Secretary shall 
     issue a new term grazing permit under subsection (a)(1) not 
     later than 15 days after the date of enactment of this Act.
       (2) Expiration after date of enactment.--In the case of an 
     expiring term grazing permit that expires after the date of 
     enactment of this Act, the Secretary shall issue a new term 
     grazing permit under subsection (a)(1) on expiration of the 
     expiring term grazing permit.
       (3) Waived permits.--In the case of a term grazing permit 
     waived to the Secretary pursuant to section 222.3(c)(1)(iv) 
     of title 36, Code of Federal Regulations, between January 1, 
     1995, and December 31, 1996, the Secretary shall issue a new 
     term grazing permit under subsection (a)(2) not later than 60 
     days after the date on which the holder waives a term grazing 
     permit to the Secretary.

     SEC. 204. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW.

       The issuance of a new term grazing permit under section 
     203(a) shall not be subject to administrative appeal or 
     judicial review.

     SEC. 205. REPEAL.

       This title is repealed effective as of January 1, 2001.
                      TITLE III--GENERAL PROVISION

     SEC. 301. SENSE OF SENATE REGARDING AMERICAN CITIZENS HELD IN 
                   IRAQ.

       (a) Findings.--The Senate makes the following findings:
       (1) On Saturday, March 25, 1995, an Iraqi court sentenced 
     two Americans, William Barloon and David Daliberti, to eight 
     years imprisonment for allegedly entering Iraq without 
     permission.
       (2) The two men were tried, convicted, and sentenced in 
     what was reported to be a very brief period during that day 
     with no other Americans present and with their only legal 
     counsel having been appointed by the Government of Iraq.
       (3) The Department of State has stated that the two 
     Americans have committed no offense justifying imprisonment 
     and has demanded that they be released immediately.
       (4) This injustice worsens already strained relations 
     between the United States and Iraq and makes resolution of 
     differences with Iraq more difficult.
       (b) Sense of Senate.--The Senate strongly condemns the 
     unjustified actions taken by the Government of Iraq against 
     American citizens William Barloon and David Daliberti and 
     urges their immediate release from prison and safe exit from 
     Iraq. Further, the Senate urges the President of the United 
     States to take all appropriate action to assure their prompt 
     release and safe exit from Iraq.

  Mr. NICKLES. Mr. President, I move to reconsider the vote.
  Mrs. HUTCHISON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. NICKLES addressed the Chair.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, again I wish to thank my colleague, 
Senator Reid, but also I wish to thank Senator Hutchison and Senator 
Bond, Senator Levin, and particularly, on Senator Levin's staff, Linda 
Gustitus, and Senator Glenn.
  In addition, I wish to thank several of my staff members who have 
worked on this for the last couple of months--Diane Moery, Mark 
Whitenton, Les Brorsen, and Bret Bernhardt--for their tireless efforts.
  Mr. President, I think this is a good bill, one that in my opinion is 
a significant improvement over the House, and 
[[Page S4761]] I will be urging our House colleagues to adopt the 
Senate approach.
  Mr. REID. Mr. President, I wanted to make sure that those people who 
worked on this side of the aisle on the last piece of legislation, 
which I believe is some of the best work we have done this year in the 
Senate, have proper recognition.
  We spent most of the last 2 days working out problems that developed 
in the legislation. It could not have been accomplished without my 
personal staff representative, Paul Henry, and especially the former 
chief of staff of the Governmental Affairs Committee, Len Weiss, who 
was instrumental in our being able to develop and craft various 
amendments, and also the person who had as much to do as anyone with 
our being able to pass this important legislation, Linda Gustitus, who 
has been with Senator Levin since he has been in the Senate. Her help 
on this matter was vital.
  I wish to make sure the Record reflects again that this was a 
bipartisan piece of legislation, not only as the vote indicates but 
also as indicated in the statement made by Senator Nickles and me. The 
staff was also bipartisan.
  Mr. GLENN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. GLENN. If the Senator will yield, I just wanted to associate 
myself with the remarks of the Senator from Nevada about the staff 
members on both sides. On something like this, there are a lot of 
controversial items. I see Senator Nickles still in the Chamber. The 
staff of the Senator from Oklahoma and all of our staff members--we get 
credit for a lot of things done around here, but the staffs are the 
ones who put these things together and spend the long hours back and 
forth working out all the details.
  There has not been anything pass through the Senate in some time that 
required more negotiating back and forth, I think, than we did in this 
legislation--all done in good faith by staff. We trust them. I am glad 
the Senator from Nevada chose to honor them. They deserve it.
  Mr. LEVIN. Mr. President, if the Senator will yield, let me also 
thank him and Senator Nickles and their staffs for the work that they 
put in on this bill and for taking the time, both of them, to thank the 
staffs for the tremendous work that they have done. We thank them for 
their own work and for recognizing the importance of our staffs.

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