103D CONGRESS

1ST SESSION H. R. 20

AMENDMENT
In the Senate of the United States,

July 20 (legislative day, June 30), 1993.

Resolved, That the bill from the House of Representatives (H.R. 20) entitled ‘‘An Act to amend title 5, United

States Code, to restore to Federal civilian employees their

right to participate voluntarily, as private citizens, in the political processes of the Nation, to protect such employees

from improper political solicitations, and for other purposes’’,

do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That this Act may be cited as the ‘‘Hatch Act Reform

2 Amendments of 1993’’.

3 SEC. 2. POLITICAL ACTIVITIES.

4 (a) Subchapter III of chapter 73 of title 5, United

5 States Code, is amended to read as follows:

6 ‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

7 ‘‘§ 7321. Political participation

8 ‘‘It is the policy of the Congress that employees should

9 be encouraged to exercise fully, freely, and without fear of
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1 penalty or reprisal, and to the extent not expressly prohib2 ited by law, their right to participate or to refrain from

3 participating in the political processes of the Nation.

4 ‘‘§ 7322. Definitions

5 ‘‘For the purpose of this subchapter—

6 ‘‘(1) ‘employee’ means any individual, other

7 than the President and the Vice President, employed

8 or holding office in—

9 ‘‘(A) an Executive agency other than the

10 General Accounting Office;

11 ‘‘(B) a position within the competitive serv12 ice which is not in an Executive agency; or

13 ‘‘(C) the government of the District of Co14 lumbia, other than the Mayor or a member of the

15 City Council or the Recorder of Deeds;

16 but does not include a member of the uniformed

17 services;

18 ‘‘(2) ‘partisan political office’ means any office

19 for which any candidate is nominated or elected as

20 representing a party any of whose candidates for

21 Presidential elector received votes in the last preced22 ing election at which Presidential electors were se23 lected, but shall exclude any office or position within

24 a political party or affiliated organization; and

25 ‘‘(3) ‘political contribution’—
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1 ‘‘(A) means any gift, subscription, loan, ad2 vance, or deposit of money or anything of value,

3 made for any political purpose;

4 ‘‘(B) includes any contract, promise, or

5 agreement, express or implied, whether or not le6 gally enforceable, to make a contribution for any

7 political purpose;

8 ‘‘(C) includes any payment by any person,

9 other than a candidate or a political party or af10 filiated organization, of compensation for the

11 personal services of another person which are

12 rendered to any candidate or political party or

13 affiliated organization without charge for any

14 political purpose; and

15 ‘‘(D) includes the provision of personal serv16 ices for any political purpose.

17 ‘‘§ 7323. Political activity authorized; prohibitions

18 ‘‘(a) Subject to the provisions of subsection (b), an em19 ployee may take an active part in political management

20 or in political campaigns, except an employee may not—

21 ‘‘(1) use his official authority or influence for the

22 purpose of interfering with or affecting the result of

23 an election;
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1 ‘‘(2) knowingly solicit, accept, or receive a politi2 cal contribution from any person, unless such person

3 is—

4 ‘‘(A) a member of the same Federal labor

5 organization as defined under section 7103(4) of

6 this title or a Federal employee organization

7 which as of the date of enactment of the Hatch

8 Act Reform Amendments of 1993 had a

9 multicandidate political committee (as defined

10 under section 315(a)(4) of the Federal Election

11 Campaign Act of 1971 (2 U.S.C. 441a(a)(4)));

12 ‘‘(B) not a subordinate employee; and

13 ‘‘(C) the solicitation is for a contribution to

14 the multicandidate political committee (as de15 fined under section 315(a)(4) of the Federal

16 Election Campaign Act of 1971 (2 U.S.C.

17 441a(a)(4))) of such Federal labor organization

18 as defined under section 7103(4) of this title or

19 a Federal employee organization which as of the

20 date of the enactment of the Hatch Act Reform

21 Amendments of 1993 had a multicandidate polit22 ical committee (as defined under section

23 315(a)(4) of the Federal Election Campaign Act

24 of 1971 (2 U.S.C. 441a(a)(4))); or
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1 ‘‘(3) run for the nomination or as a candidate

2 for election to a partisan political office; or

3 ‘‘(4) knowingly solicit or discourage the partici4 pation in any political activity of any person who—

5 ‘‘(A) has an application for any compensa6 tion, grant, contract, ruling, license, permit, or

7 certificate pending before the employing office of

8 such employee; or

9 ‘‘(B) is the subject of or a participant in an

10 ongoing audit, investigation, or enforcement ac11 tion being carried out by the employing office of

12 such employee.

13 ‘‘(b)(1) An employee of the Federal Election Commis14 sion (except one appointed by the President, by and with

15 the advice and consent of the Senate), may not request or

16 receive from, or give to, an employee, a Member of Congress,

17 or an officer of a uniformed service a political contribution.

18 ‘‘(2)(A) No employee described under subparagraph

19 (B) (except one appointed by the President, by and with

20 the advice and consent of the Senate), may take an active

21 part in political management or political campaigns.

22 ‘‘(B) The provisions of subparagraph (A) shall apply

23 to—

24 ‘‘(i) an employee of—

25 ‘‘(I) the Federal Election Commission;
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1 ‘‘(II) the Federal Bureau of Investigation;

2 ‘‘(III) the Secret Service;

3 ‘‘(IV) the Central Intelligence Agency;

4 ‘‘(V) the National Security Council;

5 ‘‘(VI) the National Security Agency;

6 ‘‘(VII) the Defense Intelligence Agency;

7 ‘‘(VIII) the Merit Systems Protection

8 Board;

9 ‘‘(IX) the Office of Special Counsel;

10 ‘‘(X) the Office of Criminal Investigation of

11 the Internal Revenue Service;

12 ‘‘(XI) the Office of Investigative Programs

13 of the United States Customs Service; or

14 ‘‘(XII) the Office of Law Enforcement of the

15 Bureau of Alcohol, Tobacco, and Firearms; or

16 ‘‘(ii) a person employed in a position described

17 under section 3132(a)(4), 5372, or 5372a of title 5,

18 United States Code.

19 ‘‘(3) No employee of the Criminal Division of the De20 partment of Justice (except one appointed by the President,

21 by and with the advice and consent of the Senate), may

22 take an active part in political management or political

23 campaigns.

24 ‘‘(4) For purposes of this subsection, the term ‘active

25 part in political management or in a political campaign’
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1 means those acts of political management or political cam2 paigning which were prohibited for employees of the com3 petitive service before July 19, 1940, by determinations of

4 the Civil Service Commission under the rules prescribed by

5 the President.

6 ‘‘(c) An employee retains the right to vote as he chooses

7 and to express his opinion on political subjects and can8 didates.

9 ‘‘§ 7324. Political activities on duty; prohibition

10 ‘‘(a) An employee may not engage in political

11 activity—

12 ‘‘(1) while the employee is on duty;

13 ‘‘(2) in any room or building occupied in the

14 discharge of official duties by an individual employed

15 or holding office in the Government of the United

16 States or any agency or instrumentality thereof;

17 ‘‘(3) while wearing a uniform or official insignia

18 identifying the office or position of the employee; or

19 ‘‘(4) using any vehicle owned or leased by the

20 Government of the United States or any agency or in21 strumentality thereof.

22 ‘‘(b)(1) An employee described in paragraph (2) of this

23 subsection may engage in political activity otherwise pro24 hibited by subsection (a) if the costs associated with that
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1 political activity are not paid for by money derived from

2 the Treasury of the United States.

3 ‘‘(2) Paragraph (1) applies to an employee—

4 ‘‘(A) the duties and responsibilities of whose po5 sition continue outside normal duty hours and while

6 away from the normal duty post; and

7 ‘‘(B) who is—

8 ‘‘(i) an employee paid from an appropria9 tion for the Executive Office of the President; or

10 ‘‘(ii) an employee appointed by the Presi11 dent, by and with the advice and consent of the

12 Senate, whose position is located within the

13 United States, who determines policies to be pur14 sued by the United States in relations with for15 eign powers or in the nationwide administration

16 of Federal laws.

17 ‘‘§ 7325. Political activity permitted; employees resid18 ing in certain municipalities

19 ‘‘The Office of Personnel Management may prescribe

20 regulations permitting employees, without regard to the

21 prohibitions in paragraphs (2) and (3) of section 7323(a)

22 of this title, to take an active part in political management

23 and political campaigns involving the municipality or

24 other political subdivision in which they reside, to the ex-
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1 tent the Office considers it to be in their domestic interest,

2 when—

3 ‘‘(1) the municipality or political subdivision is

4 in Maryland or Virginia and in the immediate vicin5 ity of the District of Columbia, or is a municipality

6 in which the majority of voters are employed by the

7 Government of the United States; and

8 ‘‘(2) the Office determines that because of special

9 or unusual circumstances which exist in the munici10 pality or political subdivision it is in the domestic

11 interest of the employees and individuals to permit

12 that political participation.

13 ‘‘§ 7326. Penalties

14 ‘‘An employee or individual who violates section 7323

15 or 7324 of this title shall be removed from his position, and

16 funds appropriated for the position from which removed

17 thereafter may not be used to pay the employee or individ18 ual. However, if the Merit System Protection Board finds

19 by unanimous vote that the violation does not warrant re20 moval, a penalty of not less than 30 days’ suspension with21 out pay shall be imposed by direction of the Board.’’.

22 (b)(1) Section 3302(2) of title 5, United States Code,

23 is amended by striking out ‘‘7203, 7321, and 7322’’ and

24 inserting in lieu thereof ‘‘and 7203’’.
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1 (2) The table of sections for subchapter III of chapter

2 73 of title 5, United States Code, is amended to read as

3 follows:

‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

‘‘7321. Political participation.

‘‘7322. Definitions.

‘‘7323. Political activity authorized; prohibitions.

‘‘7324. Political activities on duty; prohibition.

‘‘7325. Political activity permitted; employees residing in certain municipalities.

‘‘7326. Penalties.’’.

4 SEC. 3. AMENDMENT TO CHAPTER 12 OF TITLE 5, UNITED

5 STATES CODE.

6 Section 1216(c) of title 5, United States Code, is

7 amended to read as follows:

8 ‘‘(c) If the Special Counsel receives an allegation con9 cerning any matter under paragraph (1), (3), (4), or (5)

10 of subsection (a), the Special Counsel may investigate and

11 seek corrective action under section 1214 and disciplinary

12 action under section 1215 in the same way as if a prohib13 ited personnel practice were involved.’’.

14 SEC. 4. AMENDMENTS TO TITLE 18, UNITED STATES CODE.

15 (a) Section 602 of title 18, United States Code, relat16 ing to solicitation of political contributions, is amended—

17 (1) by inserting ‘‘(a)’’ before ‘‘It’’;

18 (2) in paragraph (4) by striking out all that fol19 lows ‘‘Treasury of the United States’’ and inserting

20 in lieu thereof a semicolon and ‘‘to knowingly solicit

21 any contribution within the meaning of section

22 301(8) of the Federal Election Campaign Act of 1971
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1 from any other such officer, employee, or person. Any

2 person who violates this section shall be fined under

3 this title or imprisoned not more than 3 years, or

4 both.’’; and

5 (3) by adding at the end thereof the following

6 new subsection:

7 ‘‘(b) The prohibition in subsection (a) shall not apply

8 to any activity of an employee (as defined in section

9 7322(1) of title 5) or any individual employed in or under

10 the United States Postal Service or the Postal Rate Com11 mission, unless that activity is prohibited by section 7323

12 or 7324 of such title.’’.

13 (b) Section 603 of title 18, United States Code, relating

14 to making political contributions, is amended by adding

15 at the end thereof the following new subsection:

16 ‘‘(c) The prohibition in subsection (a) shall not apply

17 to any activity of an employee (as defined in section

18 7322(1) of title 5) or any individual employed in or under

19 the United States Postal Service or the Postal Rate Com20 mission, unless that activity is prohibited by section 7323

21 or 7324 of such title.’’.

22 (c)(1) Chapter 29 of title 18, United States Code, relat23 ing to elections and political activities is amended by add24 ing at the end thereof the following new section:
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1 ‘‘§ 610. Coercion of political activity

2 ‘‘It shall be unlawful for any person to intimidate,

3 threaten, command, or coerce, or attempt to intimidate,

4 threaten, command, or coerce, any employee of the Federal

5 Government as defined in section 7322(1) of title 5, United

6 States Code, to engage in, or not to engage in, any political

7 activity, including, but not limited to, voting or refusing

8 to vote for any candidate or measure in any election, mak9 ing or refusing to make any political contribution, or work10 ing or refusing to work on behalf of any candidate. Any

11 person who violates this section shall be fined not more than

12 $5,000 or imprisoned not more than three years, or both.’’.

13 (2) The table of sections for chapter 29 of title 18,

14 United States Code, is amended by adding at the end there15 of the following:

‘‘610. Coercion of political activity.’’.

16 SEC. 5. AMENDMENTS TO THE VOTING RIGHTS ACT OF 1965.

17 Section 6 of the Voting Rights Act of 1965 (42 U.S.C.

18 1973d) is amended by striking out ‘‘the provisions of section

19 9 of the Act of August 2, 1939, as amended (5 U.S.C. 118i),

20 prohibiting partisan political activity’’ and by inserting in

21 lieu thereof ‘‘the provisions of subchapter III of chapter 73

22 of title 5, United States Code, relating to political

23 activities’’.
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1 SEC. 6. AMENDMENTS RELATING TO APPLICATION OF

2 CHAPTER 15 OF TITLE 5, UNITED STATES

3 CODE.

4 Section 675(e) of the Community Services Block Grant

5 Act (42 U.S.C. 9904(e)) is repealed.

6 SEC. 7. APPLICABILITY TO POSTAL EMPLOYEES.

7 The amendments made by this Act (except for the

8 amendments made by section 8), and any regulations there9 under, shall apply with respect to employees of the United

10 States Postal Service and the Postal Rate Commission, pur11 suant to sections 410(b) and 3604(e) of title 39, United

12 States Code.

13 SEC. 8. POLITICAL RECOMMENDATIONS.

14 (a) Section 3303 of title 5, United States Code, is

15 amended to read as follows:

16 ‘‘§ 3303. Political recommendations

17 ‘‘(a) For the purposes of this section—

18 ‘‘(1) ‘agency’ means—

19 ‘‘(A) an Executive agency; and

20 ‘‘(B) an agency in the legislative branch

21 with positions in the competitive service;

22 ‘‘(2) ‘applicant’ means an individual who has

23 applied for appointment to be an employee;

24 ‘‘(3) ‘employee’ means an employee of an agency

25 who is—

26 ‘‘(A) in the competitive service;
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1 ‘‘(B) a career appointee in the Senior Exec2 utive Service or an employee under a similar

3 appointment in a similar executive service; or

4 ‘‘(C) in the excepted service other than—

5 ‘‘(i) an employee who is appointed by

6 the President; or

7 ‘‘(ii) an employee whose position has

8 been determined to be of a confidential, pol9 icy-determining, policy-making, or policy10 advocating character; and

11 ‘‘(4) ‘personnel action’ means any action de12 scribed under clauses (i) through (x) of section

13 2302(a)(2)(A).

14 ‘‘(b) Except as provided under subsection (f), each per15 sonnel action with respect to an employee or applicant shall

16 be taken without regard to any recommendation or state17 ment, oral or written, with respect to any employee or ap18 plicant who requests or is under consideration for such per19 sonnel action, made by—

20 ‘‘(1) any Member of Congress or congressional

21 employee;

22 ‘‘(2) any elected official of the government of any

23 State (including the District of Columbia and the

24 Commonwealth of Puerto Rico), county, city, or other

25 subdivision thereof;
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1 ‘‘(3) any official of a political party; or

2 ‘‘(4) any other individual or organization mak3 ing such recommendation or statement on the basis of

4 the party affiliation of the employee or applicant.

5 ‘‘(c) Except as provided under subsection (f), a person

6 or organization referred to under subsection (b) (1) through

7 (4) is prohibited from making or transmitting to any officer

8 or employee of an agency, any recommendation or state9 ment, oral or written, with respect to any employee or ap10 plicant who requests or is under consideration for any per11 sonnel action in such agency. Except as provided under sub12 section (f), the agency, or any officer or employee of the

13 agency—

14 ‘‘(1) shall not solicit, request, consider, or accept

15 any such recommendation or statement; and

16 ‘‘(2) shall return any such written recommenda17 tion or statement, appropriately marked as in viola18 tion of this section, to the person or organization

19 transmitting the same.

20 ‘‘(d) Except as provided under subsection (f), an em21 ployee or applicant who requests or is under consideration

22 for a personnel action in an agency is prohibited from

23 requesting or soliciting from a person or organization re24 ferred to under subsection (b) (1) through (4) a rec25 ommendation or statement.
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1 ‘‘(e) Under regulations prescribed by the Office of Per2 sonnel Management, the head of each agency shall ensure

3 that employees and applicants are given notice of the provi4 sions of this section.

5 ‘‘(f) An agency, or any authorized officer or employee

6 of an agency, may solicit, accept, and consider, and any

7 other individual or organization may furnish or transmit

8 to the agency or such authorized officer or employee, any

9 statement with respect to an employee or applicant who re10 quests or is under consideration for a personnel action, if—

11 ‘‘(1) the statement is furnished pursuant to a re12 quest or requirement of the agency and consists solely

13 of an evaluation of the work performance, ability, ap14 titude, and general qualifications of the employee or

15 applicant;

16 ‘‘(2) the statement relates solely to the character

17 and residence of the employee or applicant;

18 ‘‘(3) the statement is furnished pursuant to a re19 quest made by an authorized representative of the

20 Government of the United States solely in order to de21 termine whether the employee or applicant meets

22 suitability or security standards;

23 ‘‘(4) the statement is furnished by a former em24 ployer of the employee or applicant pursuant to a

25 request of an agency, and consists solely of an evalua-
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1 tion of the work performance, ability, aptitude, and

2 general qualifications of such employee or applicant

3 during employment with such former employer; or

4 ‘‘(5) the statement is furnished pursuant to a

5 provision of law or regulation authorizing consider6 ation of such statement with respect to a specific posi7 tion or category of positions.

8 ‘‘(g) An agency shall take any action it determines

9 necessary and proper under subchapter I or II of chapter

10 75 to enforce the provisions of this section.

11 ‘‘(h) The provisions of this section shall not affect the

12 right of any employee to petition Congress as authorized

13 by section 7211.’’.

14 (b) The table of sections for chapter 33 of title 5, Unit15 ed States Code, is amended by amending the item relating

16 to section 3303 to read as follows:

‘‘3303. Political recommendations.’’.

17 (c) Section 2302(b)(2) of title 5, United States Code,

18 is amended to read as follows:

19 ‘‘(2) solicit or consider any recommendation or

20 statement, oral or written, with respect to any indi21 vidual who requests or is under consideration for any

22 personnel action except as provided under section

23 3303(f);’’.
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1 SEC. 9. GARNISHMENT OF FEDERAL EMPLOYEES’ PAY.

2 (a) Subchapter II of chapter 55 of title 5, United

3 States Code, is amended by adding at the end thereof the

4 following new section:

5 ‘‘§ 5520a. Garnishment of pay

6 ‘‘(a) For purposes of this section—

7 ‘‘(1) ‘agency’ means each agency of the Federal

8 Government, including—

9 ‘‘(A) an executive agency, except for the

10 General Accounting Office;

11 ‘‘(B) the United States Postal Service and

12 the Postal Rate Commission;

13 ‘‘(C) any agency of the judicial branch of

14 the Government; and

15 ‘‘(D) any agency of the legislative branch of

16 the Government, including the General Account17 ing Office, each office of a Member of Congress,

18 a committee of the Congress, or other office of the

19 Congress;

20 ‘‘(2) ‘employee’ means an employee of an agency

21 (including a Member of Congress as defined under

22 section 2106);

23 ‘‘(3) ‘legal process’ means any writ, order, sum24 mons, or other similar process in the nature of gar25 nishment, that—
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1 ‘‘(A) is issued by a court of competent juris2 diction within any State, territory, or possession

3 of the United States, or an authorized official

4 pursuant to an order of such a court or pursuant

5 to State or local law; and

6 ‘‘(B) orders the employing agency of such

7 employee to withhold an amount from the pay of

8 such employee, and make a payment of such

9 withholding to another person, for a specifically

10 described satisfaction of a legal debt of the em11 ployee, or recovery of attorney’s fees, interest, or

12 court costs; and

13 ‘‘(4) ‘pay’ means—

14 ‘‘(A) basic pay, premium pay paid under

15 subchapter V, any payment received under sub16 chapter VI, VII, or VIII, severance and back pay

17 paid under subchapter IX, sick pay, incentive

18 pay, and any other compensation paid or pay19 able for personal services, whether such com20 pensation is denominated as wages, salary, com21 mission, bonus pay or otherwise; and

22 ‘‘(B) does not include awards for making

23 suggestions.

24 ‘‘(b) Subject to the provisions of this section and the

25 provisions of section 303 of the Consumer Credit Protection
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1 Act (15 U.S.C. 1673) pay from an agency to an employee

2 is subject to legal process in the same manner and to the

3 same extent as if the agency were a private person.

4 ‘‘(c)(1) Service of legal process to which an agency is

5 subject under this section may be accomplished by certified

6 or registered mail, return receipt requested, or by personal

7 service, upon—

8 ‘‘(A) the appropriate agent designated for receipt

9 of such service of process pursuant to the regulations

10 issued under this section; or

11 ‘‘(B) the head of such agency, if no agent has

12 been so designated.

13 ‘‘(2) Such legal process shall be accompanied by suffi14 cient information to permit prompt identification of the

15 employee and the payments involved.

16 ‘‘(d) Whenever any person, who is designated by law

17 or regulation to accept service of process to which an agency

18 is subject under this section, is effectively served with any

19 such process or with interrogatories, such person shall re20 spond thereto within thirty days (or within such longer pe21 riod as may be prescribed by applicable State law) after

22 the date effective service thereof is made, and shall, as soon

23 as possible but not later than fifteen days after the date

24 effective service is made, send written notice that such proc25 ess has been so served (together with a copy thereof) to the
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1 affected employee at his or her duty station or last-known

2 home address.

3 ‘‘(e) No employee whose duties include responding to

4 interrogatories pursuant to requirements imposed by this

5 section shall be subject to any disciplinary action or civil

6 or criminal liability or penalty for, or on account of, any

7 disclosure of information made by such employee in connec8 tion with the carrying out of any of such employee’s duties

9 which pertain directly or indirectly to the answering of any

10 such interrogatory.

11 ‘‘(f) Agencies affected by legal process under this sec12 tion shall not be required to vary their normal pay and

13 disbursement cycles in order to comply with any such legal

14 process.

15 ‘‘(g) Neither the United States, an agency, nor any dis16 bursing officer shall be liable with respect to any payment

17 made from payments due or payable to an employee pursu18 ant to legal process regular on its face, provided such pay19 ment is made in accordance with this section and the regu20 lations issued to carry out this section. In determining the

21 amount of any payment due from, or payable by, an agency

22 to an employee, there shall be excluded those amounts which

23 would be excluded under section 462(g) of the Social Secu24 rity Act (42 U.S.C. 662(g)).
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1 ‘‘(h)(1) Subject to the provisions of paragraph (2), if

2 an agency is served under this section with more than one

3 legal process with respect to the same payments due or pay4 able to an employee, then such payments shall be available,

5 subject to section 303 of the Consumer Credit Protection Act

6 (15 U.S.C. 1673), to satisfy such processes in priority based

7 on the time of service, with any such process being satisfied

8 out of such amounts as remain after satisfaction of all such

9 processes which have been previously served.

10 ‘‘(2) A legal process to which an agency is subject

11 under sections 459, 461, and 462 of the Social Security Act

12 (42 U.S.C. 659, 661, and 662) for the enforcement of the

13 employee’s legal obligation to provide child support or make

14 alimony payments, shall have priority over any legal proc15 ess to which an agency is subject under this section.

16 ‘‘(i) The provisions of this section shall not modify or

17 supersede the provisions of sections 459, 461, and 462 of

18 the Social Security Act (42 U.S.C. 659, 661, and 662) con19 cerning legal process brought for the enforcement of an indi20 vidual’s legal obligations to provide child support or make

21 alimony payments.

22 ‘‘(j)(1) Regulations implementing the provisions of this

23 section shall be promulgated—

24 ‘‘(A) by the President or his designee for each ex25 ecutive agency, except with regard to employees of the
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1 United States Postal Service, the President or, at his

2 discretion, the Postmaster General shall promulgate

3 such regulations;

4 ‘‘(B) jointly by the President pro tempore of the

5 Senate and the Speaker of the House of Representa6 tives, or their designee, for the legislative branch of

7 the Government; and

8 ‘‘(C) by the Chief Justice of the United States or

9 his designee for the judicial branch of the Govern10 ment.

11 ‘‘(2) Such regulations shall provide that an agency’s

12 administrative costs in executing a garnishment action

13 may be added to the garnishment, and that the agency may

14 retain costs recovered as offsetting collections.

15 ‘‘(k)(1) No later than 180 days after the date of the

16 enactment of this Act, the Secretaries of the Executive de17 partments concerned shall promulgate regulations to carry

18 out the purposes of this section with regard to members of

19 the uniformed services.

20 ‘‘(2) Such regulations shall include provisions for—

21 ‘‘(A) the involuntary allotment of the pay of a

22 member of the uniformed services for indebtedness

23 owed a third party as determined by the final judg24 ment of a court of competent jurisdiction, and as fur25 ther determined by competent military or executive
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1 authority, as appropriate, to be in compliance with

2 the procedural requirements of the Soldiers’ and Sail3 ors’ Civil Relief Act of 1940 (50 App. U.S.C. 501 et

4 seq.); and

5 ‘‘(B) consideration for the absence of a member

6 of the uniformed service from an appearance in a ju7 dicial proceeding resulting from the exigencies of

8 military duty.

9 ‘‘(3) The Secretaries of the Executive departments con10 cerned shall promulgate regulations under this subsection

11 that are, as far as practicable, uniform for all of the uni12 formed services. The Secretary of Defense shall consult with

13 the Secretary of Transportation with regard to the promul14 gation of such regulations that might affect members of the

15 Coast Guard when the Coast Guard is operating as a serv16 ice in the Navy.’’.

17 (b)(1) The table of chapters for chapter 55 of title 5,

18 United States Code, is amended by inserting after the item

19 relating to section 5520 the following:

‘‘5520a. Garnishment of pay.’’.

20 (2) Section 410(b) of title 39, United States Code, is

21 amended—

22 (A) by redesignating the second paragraph (9)

23 (relating to the Inspector General Act of 1978) as

24 paragraph (10); and
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1 (B) by adding at the end thereof the following

2 new paragraph:

3 ‘‘(11) section 5520a of title 5.’’.

4 SEC. 10. SENSE OF THE SENATE RELATING TO FEDERAL EM5 PLOYEE SOLICITATION OF FUNDS AND CAN6 DIDACIES.

7 It is the sense of the Senate that Federal employees

8 should not be authorized to—

9 (1) solicit political contributions from the gen10 eral public; or

11 (2) run for the nomination or as a candidate for

12 a local partisan political office, except as expressly

13 provided under current law.

14 SEC. 11. SENSE OF THE SENATE RELATING TO ASSISTANCE

15 TO NICARAGUA.

16 (a) FINDINGS.—The Senate finds the following:

17 (1) On May 23, 1993, an explosion in Managua,

18 Nicaragua exposed a cache of weapons, including 19

19 surface-to-air missiles, hundreds of AK–47 assault ri20 fles, machine guns, rocket propelled grenades, tons of

21 ammunition and explosives.

22 (2) Investigations of the explosions have uncov23 ered 310 passports from 21 different countries, in24 cluding seven United States passports.
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1 (3) Documents in the possession of those appre2 hended in connection with the February 26, 1993,

3 bombing of the World Trade Center have been traced

4 to Nicaragua.

5 (4) The acquisition and storage of these weapons

6 and documents could not have been accomplished

7 without the knowledge and cooperation of the Sandi8 nista National Liberation Front and ministries of the

9 Government of Nicaragua under its control.

10 (5) The Sandinista National Liberation Front

11 has a history of subversion and links to international

12 terrorism.

13 (6) The recent discovery demonstrates the inabil14 ity of the legitimate Government of Nicaragua to con15 trol all of its ministries.

16 (7) This lack of authority makes uncertain the

17 ability of the Government of Nicaragua to prevent the

18 export of terrorism by the Sandinista National Lib19 eration Front.

20 (b) SENSE OF SENATE.—It is the sense of the Senate

21 that—

22 (1) no further United States foreign assistance to

23 Nicaragua should be obligated pending investigation

24 by an appropriate international body, with the par-
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1 ticipation of United States Federal agencies, of the

2 Sandinista National Liberation Front; and

3 (2) such investigation should focus on the rela4 tionship of the Sandinista National Liberation Front

5 to acts of terrorism which threaten to undermine the

6 security of the United States and the political stabil7 ity and economic prosperity of the Western Hemi8 sphere.

9 SEC. 12. EFFECTIVE DATE.

10 (a) The amendments made by this Act shall take effect

11 120 days after the date of the enactment of this Act, except

12 that the authority to prescribe regulations granted under

13 section 7325 of title 5, United States Code (as added by

14 section 2 of this Act), shall take effect on the date of the

15 enactment of this Act.

16 (b) Any repeal or amendment made by this Act of any

17 provision of law shall not release or extinguish any penalty,

18 forfeiture, or liability incurred under that provision, and

19 that provision shall be treated as remaining in force for

20 the purpose of sustaining any proper proceeding or action

21 for the enforcement of that penalty, forfeiture, or

22 liability.

23 (c) No provision of this Act shall affect any proceed24 ings with respect to which the charges were filed on or before

25 the effective date of the amendments made by this Act. Or-
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1 ders shall be issued in such proceedings and appeals shall

2 be taken therefrom as if this Act had not been enacted.

Attest:

Secretary.
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