[Congressional Record Volume 141, Number 61 (Monday, April 3, 1995)]
[House]
[Pages H4045-H4048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             GENERAL LEAVE

  Mr. SAXTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their 
remarks, and submit extraneous material in the Record, on the bill, 
H.R. 716.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
 [[Page H4046]] SENSE OF THE HOUSE REGARDING AMERICAN CITIZENS HELD IN 
                                  IRAQ

  Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 120) expressing the sense of the House of 
Representatives regarding the American citizens held in Iraq, as 
amended.
  The Clerk read as follows:

                              H. Res. 120

       Whereas on Saturday, March 25, 1995, an Iraqi court 
     sentenced 2 Americans, William Barloon and David Daliberti, 
     to 8 years imprisonment for allegedly entering Iraq without 
     permission;
       Whereas the 2 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;
       Whereas the Department of State has stated that the 2 
     Americans have committed no offense justifying imprisonment 
     and has demanded that they be released immediately; and
       Whereas this harsh sentence is unjustified and further 
     distances Iraq from the international community: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) strongly condemns the unjustified actions taken by the 
     Government of Iraq against American citizens William Barloon 
     and David Daliberti and demands their immediate release from 
     prison and safe exit from Iraq; and
       (2) urges the President to take all appropriate action to 
     assure their prompt release and safe exit from Iraq.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York [Mr. Gilman] will be recognized for 20 minutes, and the gentleman 
from Indiana [Mr. Hamilton] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New York [Mr. Gilman].
  Mr. GILMAN. Mr. Speaker, I yield such time as he may consume to the 
principal sponsor of this measure, the distinguished gentleman from 
Florida [Mr. Stearns].
  Mr. STEARNS. I thank the gentleman for yielding this time to me.
  Mr. Speaker, let me begin by thanking Senator Harkin, who sponsored a 
similar resolution in the Senate last week, as well as the chairman of 
the International Relations Committee, my good friend and distinguished 
colleague from New York, Ben Gilman; I want to thank his committee 
staff, and the majority leader's office for their very prompt attention 
to this matter.
  Mr. Speaker, the resolution we are considering today is important to 
let the world know that the United States House of Representatives 
unequivocally expresses disapproval for the nation of Iraq for 
wrongfully imprisoning two American citizens, David Daliberti and 
William Barloon. The resolution urges the immediate release of these 
two Americans and calls on the President to take all appropriate 
actions to secure their safe exit from Iraq. Moreover, the resolution 
makes perfectly clear that Iraq has absolutely nothing to gain and much 
to lose by continuing to hold these two men.
  For 21 days now David Daliberti and William Barloon have languished 
behind bars in an Iraqi prison for what Iraqi authorities allege was an 
illegal crossing of their border. On March 13, on their way to visit a 
friend at a U.N. post along the Kuwait-Iraq border, the two men strayed 
into an area they say contained U.N. markings, but which the Iraqis 
claim was on their soil. On March 25, after what was reportedly a quick 
trial in which the only representation the Americans had was an 
attorney appointed by the Iraqi Government, the two men were sentenced 
to 8 years in prison--8 years in prison for taking a wrong turn.
  My colleagues, their trial and harsh sentence are wrong. David 
Daliberti and William Barloon are innocent United States citizens who 
were taken against their will and now are being held in an Iraqi prison 
living off a weak diet of rice. Iraq's actions are indefensible on any 
grounds, but especially so in this case since the facts show so clearly 
that the men are completely innocent. We must go on record condemning 
this injustice and calling on the White House to take every conceivable 
measure to secure the release of these men.
  To bring my colleagues up to date on this case, the latest news out 
of Iraq gives us hope that these Americans can expect an early release. 
The news is contradictory and confusing. On Saturday, a representative 
from the Iraqi Parliament's foreign-relations department hinted that 
the two men could be released in the coming few days--an encouraging 
sign. But yesterday the Iraqi Defense Ministry's newspaper said the 
Americans are no different from Mexicans trying to enter the United 
States illegally, an absurd charge that makes us wonder what the Iraqis 
are up to. But yesterday also saw Iraq extend to 1 month from the usual 
2 weeks the amount of time the two men have to appeal their sentence, 
which Iraqi law experts interpret as a positive sign.
  These crossed signals do nothing to help Iraq's position and only 
torment the families of Daliberti and Barloon, who simply want to see 
their loved ones returned to them as soon a possible. Surely Iraq knows 
that holding these men serves no purpose whatsoever. Just last week the 
head of the Iraqi Parliament admitted as much when he said, and I 
quote, ``We don't think that we are going to facilitate the question of 
the sanctions through detaining these two Americans.''
  While continuing to hold these men does nothing to benefit Iraq, 
releasing them would. Iraq is already alienated from the community of 
civilized nations. Releasing Daliberti and Barloon can only improve 
their standing in the eyes of the world. Let me repeat as Secretary of 
State Warren Christopher said yesterday, releasing these men ``would be 
a good thing for the international reputation of Iraq. It would be an 
adverse thing to hold them.''
  Lest anyone has any doubt as to the innocence of Daliberti and 
Barloon, let me assure you that every fact in this case indicates they 
were nothing more than what they claim to be--innocent victims who made 
a wrong turn. But it was not even a wrong turn due to their own error. 
As the two men were headed to the U.N. compound to visit a friend, the 
United Nations Iraq-Kuwait observer mission positioned along the border 
misdirected them, as even they admit. What happened next, according to 
Daliberti and Barloon, is that they found themselves driving past two 
unmanned Kuwaiti checkpoints into an area posted with U.N. markings. It 
was at this point they were apprehended by the Iraqis and whisked away.
  Iraqi suggestions that these men were in any way spies or saboteurs 
are ludicrous. At the trial of the men in Baghdad, even their Iraqi-
appointed attorney said they were carrying no weapons, no maps, no 
cameras, no compasses--nothing, in other words, that could indicate 
these men were anything other than victims of an unfortunate mistake. 
And according to the Polish diplomat who attended the trial as a 
representative of the United States, even the judge in the case seemed 
sympathetic to the plight of Daliberti and Barloon. But Iraqi law on 
such matters is ironclad and says any crossing whatsoever of their 
border must be punished, in this case with an 8-year sentence.
  As it stands now, Daliberti and Barloon have begun to appeal their 
sentence with the assistance of an Iraqi lawyer--the same lawyer who 
has helped other Westerners appeal their sentences for crossing Iraq's 
border. Unfortunately, that lawyer has never successfully overturned 
the verdict in such a case, which has led some to suggest that only a 
pardon from Saddam Hussein himself can effect their release.
  My colleagues, the families of Daliberti and Barloon need to know 
that we are with them, that we support them during this trying time. It 
is the least we can do to stand up and condemn Iraq for this outrageous 
action and demand that these two citizens be released immediately. I 
know that Kathy Daliberti, with whom I have
 spoken, is on an emotional roller-coaster ride as she follows this 
situation. Let us let her know that her Government is doing everything 
within its power to secure the prompt release of her husband and to 
bring him safely home. Those of you who have been following this story 
know that Kathy Daliberti has even set up a home page on the Internet 
so people from around the country can express their support. I 
encourage my colleagues to send her a message letting her know that she 
is not alone, that her Government does care.
  [[Page H4047]] When I met with officials from the State Department 
last Friday they assured me that everything is being done that can be 
done to secure the release of these two men. As you know, we have no 
diplomatic relations with Iraq. But Polish diplomats, who have an 
Embassy in Iraq, are working tirelessly on behalf of the United States 
in this matter. We were all encouraged last week when the head of the 
Polish Embassy visited with Daliberti and Barloon and said they 
appeared to be in good health.
  In the meantime, we as the elected Representatives of the American 
people need to unite and speak with one voice in condemnation of Iraq. 
We need to express our sympathy and support for the families of 
Daliberti and Barloon. And we need to urge the administration to do 
everything within its power to bring these men safely home.
  I know all of my colleagues will support House Resolution 120 as an 
expression of our commitment to the safety of all of our citizens, 
whether at home or abroad.

                              {time}  1445

  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HAMILTON asked and was given permission to revise and extend his 
remarks.)
  Mr. HAMILTON. Mr. Speaker, I rise in support of this resolution, as 
amended. I want to extend my appreciation and accommodation to the 
chairman of the committee, the gentleman from New York [Mr. Gilman], 
and, likewise, to the gentleman from Florida [Mr. Stearns], my 
colleague, for bringing this resolution to the floor of the House.
  Mr. Speaker, on March 13 two Americans, William Barloon and David 
Daliberti, as has been described, accidentally crossed the Iraqi-
Kuwaiti border while on their way to visit a U.N. compound in Kuwait. 
Mr. Barloon and Mr. Daliberti were detained by Iraqi authorities, 
imprisoned, convicted, and sentenced on March 25 to 8 years in prison 
for illegally entering Iraq. The treatment of these two Americans is an 
outrageous abuse by the Government of Iraq. These Americans were denied 
any semblance of due process. Mr. Barloon and Mr. Daliberti were 
sentenced after only a little over 1 hour of deliberation. They were 
denied adequate counsel. They were represented by an Iraqi-appointed 
legal counsel, and no other Americans were present. The International 
Red Cross was denied access to them.
  It is apparent that the Government of Iraq is manipulating these two 
Americans to force the United States to change its policy toward Iraq. 
We should send a very clear message to the Government of Iraq that this 
time of blackmail simply will not work. The administration is working 
hard, I believe, to secure the release of these two Americans, and I 
believe that this resolution will strengthen the administration's hands 
in those efforts. The resolution shows the clear unity of purpose 
between the President and the Congress in demanding the immediate 
release from prison of these two Americans and their safe exit from 
Iraq.
  Mr. Speaker, I urge my colleagues to support the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILMAN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Nebraska [Mr. Bereuter], a senior member of our Committee on 
International Relations.
  Mr. BEREUTER. Mr. Speaker, this Member rises in the strongest 
possible support for House Resolution 120, legislation condemning the 
recent outrageous behavior of Iraq in seizing and incarcerating two 
American citizens.
  It has been over 4 years since the end of the Persian Gulf conflict, 
but Saddam Hussein and his band of thugs continue to flaunt basic 
international norms, seemingly at every opportunity. For example, 
Saddam Hussein continues to let his people starve because he refuses to 
pump oil and provide the proceeds into international humanitarian 
organizations. People are starving, the economy is in a shambles, but 
Saddam's military remains intact. Iraq has waged a vicious war against 
the Marsh Arabs in the south, and with the Kurds in the north. Iraq has 
waged a clever campaign to lift the sanctions that the United Nations 
imposed, but it continues in every way to behave as an outlaw.
  The most recent outrage is the seizure of William Barloon and David 
Daliberti, two civilian Americans who were seized as they went to visit 
a friend at a U.N. compound just south of the Iraq-Kuwait border. Lost 
and having strayed across the border, Iraqi military forces seized 
these two Americans, charged them with sabotage, and sentenced them to 
8 years in prison in what was patently a kangaroo court.
  Mr. Speaker, civilized societies do not behave in this manner. 
Responsible governments do not impose trumped up charges against 
innocent civilians in an effort to achieve foreign policy objectives.
  This Member must note that, if the Government of Iraq hopes to 
enhance its international image, this is not the way to accomplish this 
goal. The wholly unwarranted imprisonment of William Barloon and David 
Daliberti only serve to reinforce the consensus that Iraq is not ready 
to behave responsibly.
  In the face of this outrage, this body needs to speak in a clear and 
unequivocal voice and urge the immediate release of Mr. Barloon and Mr. 
Daliberti. This Member commends the distinguished gentleman from 
Florida [Mr. Sterns] for bringing House Resolution 120 before this 
body, and the distinguished gentleman from New York, the chairman of 
the International Relations Committee [Mr. Gilman], for his cooperation 
in bringing this resolution to the floor.
  Mr. Speaker, this Member urges adoption of House Resolution 120.
  Mr. GILMAN. Mr. Speaker, I yield 1 minute4 to the gentleman from Iowa 
[Mr. Nussle].
  (Mr. NUSSLE asked and was given permission to revise and extend his 
remarks.)
  Mr. NUSSLE. Mr. Speaker, I rise in support of House Resolution 120--a 
resolution regarding the American citizens held in Iraq. I commend the 
gentleman from Florida [Mr. Stearns] and the gentleman from New York 
[Mr. Gilman] for their leadership on this issue.
  It is a tragedy that William Barloon, of New Hampton, IA, and another 
American, David Daliberti, who mistakenly strayed across Kuwait's 
border and into Iraq, have received the extremely harsh sentence of 8 
years in prison. I am encouraged by recent statements by Iraqi 
officials that the two men could be released in the near future, and I 
urge President Clinton and Secretary of State Christopher to continue 
their work to secure the release and safe return from Iraq of Mr. 
Barloon and Mr. Daliberti.
  Mr. Speaker, I support these two Americans, and I stand with their 
families and all Americans when I urge for their safe, speedy return 
and pray for that to happen as soon as possible.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I am pleased to rise in strong support of 
the resolution before us, House Resolution 120, introduced by our 
colleague, the gentleman from Florida [Mr. Stearns], expressing the 
sense of Congress condemning the outrageous actions taken by Saddam 
Hussein's rogue regime in sentencing two American citizens, William 
Barloon and David Daliberti, to lengthy prison terms for having 
inadvertently crossed the Kuwaiti border into Iraq.
  These two Americans were denied access to due process, with their 
legal counsel having been appointed by the Iraqi regime. It is only 
through the good offices of the Polish Embassy, which represents United 
States interest in Iraq, that the two men have received any sympathetic 
assistance or counsel.
  Saddam Hussein's regime has been apprised repeatedly of the mishap in 
which the two men inadvertently crossed the border in a white van 
presumably a U.N. vehicle, but this honest error has been dismissed in 
favor of a purposeful miscarriage of justice.
  In the best tradition of Congress, Mr. Stearns has introduced this 
measure on behalf of his constituent, David Daliberti. House Resolution 
120 condemns the Government of Iraq for its punitive actions against 
these two men, and urges the President to take 
[[Page H4048]] all appropriate action to secure their prompt release 
and safe exit from Iraq.
  This incident, which has captured worldwide headlines, is yet another 
example of the unyielding position assumed by Saddam Hussein which 
compels the international community to maintain sanctions against Iraq. 
Such activity by the Iraqi Government further distances it from the 
community of civilized nations.
  Mr. Speaker, I commend Representative Stearns' commitment to his 
constituents through the introduction and consideration of House 
Resolution 120. We all hope that a swift resolution of this 
international incident will soon free Mr. Daliberti and Mr. Barloon. 
Accordingly, I urge my colleagues to adopt this resolution.
  Ms. BROWN of Florida. Mr. Speaker, it saddens and angers me that 
Jacksonville resident, Mr. David Daliberti, and another American, Mr. 
Bill Barloon, have been detained in Iraq.
  All indications are that the incident was a result of innocent 
mistakes. Mr. Daliberti, without hesitation, authorized the release of 
information about his case. The United Nations Iraq Kuwait Observer 
Mission [UNIKOM] has admitted that the Americans' crossing into Iraq 
was their error. During the recent trial, Mr. Daliberti and Mr. Barloon 
had a court appointed attorney who argued on their behalf but the judge 
found them in violation of an Iraqi residency law and sentenced them to 
8 years in prison. I am outraged by the imprisonment of innocent 
Americans and join with my colleagues in condemning this action. Saddam 
Hussein should immediately pardon and release these two Americans.
  I have urged President Clinton to use all necessary measures to bring 
this situation to a swift, negotiated and peaceful conclusion. I am 
continuing to monitor this international situation through daily 
contact with White House advisors and with the State Department. I am 
hopeful that the Americans will soon be returned to their awaiting 
friends and family.
  Currently, the Clinton administration is working with Polish 
authorities who are our protecting power in Baghdad and through other 
diplomatic channels to obtain the release of these Americans. I 
strongly support the President's efforts to resolve this grave 
obstruction of justice and believe that these Americans should be 
released by Iraq immediately.
  I pledge to do all that I can to work with the administration to 
resolve this situation quickly and peacefully.
  In closing, I wish to express my concern and very strong support for 
Mr. Daliberti's wife, other relatives, and friends.
  Mrs. FOWLER. Mr. Speaker, I rise today to express my strong support 
for House Resolution 120, a resolution that our colleague Cliff Stearns 
has introduced on behalf of two Americans who are currently being 
detained in Iraq.
  David Daliberti of Jacksonville, FL, and William Barloon of New 
Hampton, IA, were taken into custody, tried, convicted, and sentenced 
to 8 years in prison by Iraqi authorities because they took a wrong 
turn at an unmarked intersection, were erroneously allowed to proceed 
by U.N. troops, and inadvertently found themselves in territory 
controlled by Iraqi forces. United Nations officials have conceded that 
the United Nations was in error in allowing them to proceed.
  In virtually any other nation, these individuals would have been 
allowed to go on their way after a cursory evaluation of the situation 
by the local authorities.
  It is plainly apparent, however, that Saddam Hussein is attempting to 
use this inadvertent entry in an effort to exert pressure on the United 
States to lift current U.N. sanctions against Iraq. This strategy is 
misguided. Iraq would do better to divorce the sanctions matters from 
the case of the two Americans, because efforts to connect the two 
situations will only lead the American people to conclude that the 
Iraqi leadership is attempting to manipulate our Nation and will 
encourage further resolve against any normalization of our relations.
  Mr. Speaker, the prompt resolution of this strictly non-political 
matter is in Iraq's best interest. I urge all of my colleagues to 
support this measure and hope that Saddam Hussein and other parties 
interested in a safe and stable Middle East will take heed of the 
strong sentiments of the American people in this regard.
  Mr. GILMAN. Mr. Speaker, I yield back the balance of my time.
  Mr. HAMILTON. Mr. Speaker, I, too, yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from New York [Mr. Gilman] that the 
House suspend the rules and agree to the resolution (H. Res. 120), as 
amended.
  The question was taken.
  Mr. STEARNS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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