H. R. 20

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That this

Act may be cited as the ‘‘Hatch Act Reform Amendments of 1993’’.

SEC. 2. POLITICAL ACTIVITIES.

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

is amended to read as follows:

‘‘SUBCHAPTER III—POLITICAL ACTIVITIES

‘‘§ 7321. Political participation

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

encouraged to exercise fully, freely, and without fear of penalty

or reprisal, and to the extent not expressly prohibited by law,

their right to participate or to refrain from participating in the

political processes of the Nation.

‘‘§ 7322. Definitions

‘‘For the purpose of this subchapter—

‘‘(1) ‘employee’ means any individual, other than the President and the Vice President, employed or holding office in— ‘‘(A) an Executive agency other than the General

Accounting Office; ‘‘(B) a position within the competitive service which

is not in an Executive agency; or ‘‘(C) the government of the District of Columbia, other

than the Mayor or a member of the City Council or the

Recorder of Deeds;

but does not include a member of the uniformed services;

‘‘(2) ‘partisan political office’ means any office for which

any candidate is nominated or elected as representing a party

any of whose candidates for Presidential elector received votes

in the last preceding election at which Presidential electors

were selected, but shall exclude any office or position within

a political party or affiliated organization; and

‘‘(3) ‘political contribution’—

‘‘(A) means any gift, subscription, loan, advance, or

deposit of money or anything of value, made for any political purpose;
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‘‘(B) includes any contract, promise, or agreement,

express or implied, whether or not legally enforceable, to

make a contribution for any political purpose;

‘‘(C) includes any payment by any person, other than

a candidate or a political party or affiliated organization,

of compensation for the personal services of another person

which are rendered to any candidate or political party

or affiliated organization without charge for any political

purpose; and

‘‘(D) includes the provision of personal services for any

political purpose.

‘‘§ 7323. Political activity authorized; prohibitions

‘‘(a) Subject to the provisions of subsection (b), an employee

may take an active part in political management or in political

campaigns, except an employee may not—

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

of interfering with or affecting the result of an election;

‘‘(2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is—

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

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

employee organization which as of the date of enactment

of the Hatch Act Reform Amendments of 1993 had a

multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of

1971 (2 U.S.C. 441a(a)(4)));

‘‘(B) not a subordinate employee; and

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

multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of

1971 (2 U.S.C. 441a(a)(4))) of such Federal labor organization as defined under section 7103(4) of this title or a

Federal employee organization which as of the date of

the enactment of the Hatch Act Reform Amendments of

1993 had a multicandidate political committee (as defined

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

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

‘‘(3) run for the nomination or as a candidate for election

to a partisan political office; or

‘‘(4) knowingly solicit or discourage the participation in

any political activity of any person who— ‘‘(A) has an application for any compensation, grant,

contract, ruling, license, permit, or certificate pending

before the employing office of such employee; or

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

audit, investigation, or enforcement action being carried

out by the employing office of such employee.

‘‘(b)(1) An employee of the Federal Election Commission (except

one appointed by the President, by and with the advice and consent

of the Senate), may not request or receive from, or give to, an

employee, a Member of Congress, or an officer of a uniformed

service a political contribution.

‘‘(2)(A) No employee described under subparagraph (B) (except

one appointed by the President, by and with the advice and consent

of the Senate), may take an active part in political management

or political campaigns.
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‘‘(B) The provisions of subparagraph (A) shall apply to—

‘‘(i) an employee of—

‘‘(I) the Federal Election Commission;

‘‘(II) the Federal Bureau of Investigation;

‘‘(III) the Secret Service;

‘‘(IV) the Central Intelligence Agency;

‘‘(V) the National Security Council;

‘‘(VI) the National Security Agency;

‘‘(VII) the Defense Intelligence Agency;

‘‘(VIII) the Merit Systems Protection Board;

‘‘(IX) the Office of Special Counsel;

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

Revenue Service;

‘‘(XI) the Office of Investigative Programs of the United

States Customs Service; or

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

of Alcohol, Tobacco, and Firearms; or

‘‘(ii) a person employed in a position described under section

3132(a)(4), 5372, or 5372a of title 5, United States Code.

‘‘(3) No employee of the Criminal Division of the Department

of Justice (except one appointed by the President, by and with

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

in political management or political campaigns.

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

political management or in a political campaign’ means those acts

of political management or political campaigning which were prohibited for employees of the competitive service before July 19, 1940,

by determinations of the Civil Service Commission under the rules

prescribed by the President. ‘‘(c) An employee retains the right to vote as he chooses and

to express his opinion on political subjects and candidates.

‘‘§ 7324. Political activities on duty; prohibition

‘‘(a) An employee may not engage in political activity— ‘‘(1) while the employee is on duty;

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

of official duties by an individual employed or holding office

in the Government of the United States or any agency or

instrumentality thereof; ‘‘(3) while wearing a uniform or official insignia identifying

the office or position of the employee; or ‘‘(4) using any vehicle owned or leased by the Government

of the United States or any agency or instrumentality thereof.

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

may engage in political activity otherwise prohibited by subsection

(a) if the costs associated with that political activity are not paid

for by money derived from the Treasury of the United States.

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

‘‘(A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the

normal duty post; and

‘‘(B) who is—

‘‘(i) an employee paid from an appropriation for the

Executive Office of the President; or

‘‘(ii) an employee appointed by the President, by and

with the advice and consent of the Senate, whose position

is located within the United States, who determines policies
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to be pursued by the United States in relations with foreign

powers or in the nationwide administration of Federal laws.

‘‘§ 7325. Political activity permitted; employees residing in

certain municipalities

‘‘The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in

paragraphs (2) and (3) of section 7323(a) of this title, to take

an active part in political management and political campaigns

involving the municipality or other political subdivision in which

they reside, to the extent the Office considers it to be in their

domestic interest, when—

‘‘(1) the municipality or political subdivision is in Maryland

or Virginia and in the immediate vicinity of the District of

Columbia, or is a municipality in which the majority of voters

are employed by the Government of the United States; and ‘‘(2) the Office determines that because of special or unusual

circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and

individuals to permit that political participation.

‘‘§ 7326. Penalties

‘‘An employee or individual who violates section 7323 or 7324

of this title shall be removed from his position, and funds appropriated for the position from which removed thereafter may not

be used to pay the employee or individual. However, if the Merit

System Protection Board finds by unanimous vote that the violation

does not warrant removal, a penalty of not less than 30 days’

suspension without pay shall be imposed by direction of the Board.’’.

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

by striking out ‘‘7203, 7321, and 7322’’ and inserting in lieu thereof

‘‘and 7203’’.

(2) The table of sections for subchapter III of chapter 73 of

title 5, United States Code, is amended to read as 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.’’.

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

CODE.

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

to read as follows:

‘‘(c) If the Special Counsel receives an allegation concerning

any matter under paragraph (1), (3), (4), or (5) of subsection (a),

the Special Counsel may investigate and seek corrective action

under section 1214 and disciplinary action under section 1215 in

the same way as if a prohibited personnel practice were involved.’’.

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

(a) Section 602 of title 18, United States Code, relating to

solicitation of political contributions, is amended—

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

(2) in paragraph (4) by striking out all that follows ‘‘Treasury of the United States’’ and inserting in lieu thereof a semi-
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colon and ‘‘to knowingly solicit any contribution within the

meaning of section 301(8) of the Federal Election Campaign

Act of 1971 from any other such officer, employee, or person.

Any person who violates this section shall be fined under this

title or imprisoned not more than 3 years, or both.’’; and (3) by adding at the end thereof the following new subsection:

‘‘(b) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5)

or any individual employed in or under the United States Postal

Service or the Postal Rate Commission, unless that activity is

prohibited by section 7323 or 7324 of such title.’’. (b) Section 603 of title 18, United States Code, relating to making political contributions, is amended by adding at the end

thereof the following new subsection: ‘‘(c) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5)

or any individual employed in or under the United States Postal

Service or the Postal Rate Commission, unless that activity is

prohibited by section 7323 or 7324 of such title.’’. (c)(1) Chapter 29 of title 18, United States Code, relating to

elections and political activities is amended by adding at the end

thereof the following new section:

‘‘§ 610. Coercion of political activity

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

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

or coerce, any employee of the Federal Government as defined

in section 7322(1) of title 5, United States Code, to engage in,

or not to engage in, any political activity, including, but not limited

to, voting or refusing to vote for any candidate or measure in

any election, making or refusing to make any political contribution,

or working or refusing to work on behalf of any candidate. Any

person who violates this section shall be fined not more than

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

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

States Code, is amended by adding at the end thereof the following:

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

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

Section 6 of the Voting Rights Act of 1965 (42 U.S.C. 1973d)

is amended by striking out ‘‘the provisions of section 9 of the

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

partisan political activity’’ and by inserting in lieu thereof ‘‘the

provisions of subchapter III of chapter 73 of title 5, United States

Code, relating to political activities’’.

SEC. 6. AMENDMENTS RELATING TO APPLICATION OF CHAPTER 15

OF TITLE 5, UNITED STATES CODE.

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

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

SEC. 7. APPLICABILITY TO POSTAL EMPLOYEES.

The amendments made by this Act (except for the amendments

made by section 8), and any regulations thereunder, shall apply

with respect to employees of the United States Postal Service and

the Postal Rate Commission, pursuant to sections 410(b) and

3604(e) of title 39, United States Code.
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SEC. 8. POLITICAL RECOMMENDATIONS.

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

to read as follows:

‘‘§ 3303. Political recommendations

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

‘‘(1) ‘agency’ means—

‘‘(A) an Executive agency; and

‘‘(B) an agency in the legislative branch with positions

in the competitive service;

‘‘(2) ‘applicant’ means an individual who has applied for

appointment to be an employee;

‘‘(3) ‘employee’ means an employee of an agency who is—

‘‘(A) in the competitive service;

‘‘(B) a career appointee in the Senior Executive Service

or an employee under a similar appointment in a similar

executive service; or

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

‘‘(i) an employee who is appointed by the President;

or

‘‘(ii) an employee whose position has been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character; and

‘‘(4) ‘personnel action’ means any action described under

clauses (i) through (x) of section 2302(a)(2)(A).

‘‘(b) Except as provided under subsection (f), each personnel

action with respect to an employee or applicant shall be taken

without regard to any recommendation or statement, oral or written,

with respect to any employee or applicant who requests or is under

consideration for such personnel action, made by—

‘‘(1) any Member of Congress or congressional employee;

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

(including the District of Columbia and the Commonwealth

of Puerto Rico), county, city, or other subdivision thereof;

‘‘(3) any official of a political party; or

‘‘(4) any other individual or organization making such recommendation or statement on the basis of the party affiliation

of the employee or applicant.

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

organization referred to under subsection (b) (1) through (4) is

prohibited from making or transmitting to any officer or employee

of an agency, any recommendation or statement, oral or written,

with respect to any employee or applicant who requests or is under

consideration for any personnel action in such agency. Except as

provided under subsection (f), the agency, or any officer or employee

of the agency—

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

recommendation or statement; and

‘‘(2) shall return any such written recommendation or statement, appropriately marked as in violation of this section,

to the person or organization transmitting the same.

‘‘(d) Except as provided under subsection (f), an employee or

applicant who requests or is under consideration for a personnel

action in an agency is prohibited from requesting or soliciting

from a person or organization referred to under subsection (b)

(1) through (4) a recommendation or statement.
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‘‘(e) Under regulations prescribed by the Office of Personnel Management, the head of each agency shall ensure that employees

and applicants are given notice of the provisions of this section. ‘‘(f) An agency, or any authorized officer or employee of an agency, may solicit, accept, and consider, and any other individual

or organization may furnish or transmit to the agency or such

authorized officer or employee, any statement with respect to an

employee or applicant who requests or is under consideration for

a personnel action, if— ‘‘(1) the statement is furnished pursuant to a request or

requirement of the agency and consists solely of an evaluation

of the work performance, ability, aptitude, and general qualifications of the employee or applicant; ‘‘(2) the statement relates solely to the character and resi- dence of the employee or applicant; ‘‘(3) the statement is furnished pursuant to a request made

by an authorized representative of the Government of the

United States solely in order to determine whether the

employee or applicant meets suitability or security standards;

‘‘(4) the statement is furnished by a former employer of

the employee or applicant pursuant to a request of an agency,

and consists solely of an evaluation of the work performance,

ability, aptitude, and general qualifications of such employee

or applicant during employment with such former employer;

or

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

of law or regulation authorizing consideration of such statement

with respect to a specific position or category of positions.

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

and proper under subchapter I or II of chapter 75 to enforce the

provisions of this section.

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

of any employee to petition Congress as authorized by section

7211.’’.

(b) The table of sections for chapter 33 of title 5, United States

Code, is amended by amending the item relating to section 3303

to read as follows:

‘‘3303. Political recommendations.’’.

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

to read as follows:

‘‘(2) solicit or consider any recommendation or statement,

oral or written, with respect to any individual who requests

or is under consideration for any personnel action except as

provided under section 3303(f);’’.

SEC. 9. GARNISHMENT OF FEDERAL EMPLOYEES’ PAY.

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

is amended by adding at the end thereof the following new section:

‘‘§ 5520a. Garnishment of pay

‘‘(a) For purposes of this section—

‘‘(1) ‘agency’ means each agency of the Federal Government,

including—

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

Accounting Office;

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

Rate Commission;
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‘‘(C) any agency of the judicial branch of the Government; and

‘‘(D) any agency of the legislative branch of the Government, including the General Accounting Office, each office

of a Member of Congress, a committee of the Congress,

or other office of the Congress;

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

a Member of Congress as defined under section 2106);

‘‘(3) ‘legal process’ means any writ, order, summons, or

other similar process in the nature of garnishment, that—

‘‘(A) is issued by a court of competent jurisdiction

within any State, territory, or possession of the United

States, or an authorized official pursuant to an order of

such a court or pursuant to State or local law; and

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

to withhold an amount from the pay of such employee,

and make a payment of such withholding to another person,

for a specifically described satisfaction of a legal debt of

the employee, or recovery of attorney’s fees, interest, or

court costs; and

‘‘(4) ‘pay’ means—

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

V, any payment received under subchapter VI, VII, or

VIII, severance and back pay paid under subchapter IX,

sick pay, incentive pay, and any other compensation paid

or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus

pay or otherwise; and

‘‘(B) does not include awards for making suggestions.

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

of section 303 of the Consumer Credit Protection Act (15 U.S.C.

1673) pay from an agency to an employee is subject to legal process

in the same manner and to the same extent as if the agency

were a private person.

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

under this section may be accomplished by certified or registered

mail, return receipt requested, or by personal service, upon—

‘‘(A) the appropriate agent designated for receipt of such

service of process pursuant to the regulations issued under

this section; or

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

designated.

‘‘(2) Such legal process shall be accompanied by sufficient

information to permit prompt identification of the employee and

the payments involved.

‘‘(d) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject

under this section, is effectively served with any such process or

with interrogatories, such person shall respond thereto within thirty

days (or within such longer period as may be prescribed by

applicable State law) after the date effective service thereof is

made, and shall, as soon as possible but not later than fifteen

days after the date effective service is made, send written notice

that such process has been so served (together with a copy thereof)

to the affected employee at his or her duty station or last-known

home address.
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‘‘(e) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall

be subject to any disciplinary action or civil or criminal liability

or penalty for, or on account of, any disclosure of information

made by such employee in connection with the carrying out of

any of such employee’s duties which pertain directly or indirectly

to the answering of any such interrogatory.

‘‘(f) Agencies affected by legal process under this section shall

not be required to vary their normal pay and disbursement cycles

in order to comply with any such legal process.

‘‘(g) Neither the United States, an agency, nor any disbursing

officer shall be liable with respect to any payment made from

payments due or payable to an employee pursuant to legal process

regular on its face, provided such payment is made in accordance

with this section and the regulations issued to carry out this section.

In determining the amount of any payment due from, or payable

by, an agency to an employee, there shall be excluded those amounts

which would be excluded under section 462(g) of the Social Security

Act (42 U.S.C. 662(g)).

‘‘(h)(1) Subject to the provisions of paragraph (2), if an agency

is served under this section with more than one legal process

with respect to the same payments due or payable to an employee,

then such payments shall be available, subject to section 303 of

the Consumer Credit Protection Act (15 U.S.C. 1673), to satisfy

such processes in priority based on the time of service, with any

such process being satisfied out of such amounts as remain after

satisfaction of all such processes which have been previously served.

‘‘(2) A legal process to which an agency is subject under sections 459, 461, and 462 of the Social Security Act (42 U.S.C. 659, 661,

and 662) for the enforcement of the employee’s legal obligation

to provide child support or make alimony payments, shall have

priority over any legal process to which an agency is subject under

this section.

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

the provisions of sections 459, 461, and 462 of the Social Security

Act (42 U.S.C. 659, 661, and 662) concerning legal process brought

for the enforcement of an individual’s legal obligations to provide

child support or make alimony payments. ‘‘(j)(1) Regulations implementing the provisions of this section

shall be promulgated— ‘‘(A) by the President or his designee for each executive

agency, except with regard to employees of the United States

Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations; ‘‘(B) jointly by the President pro tempore of the Senate

and the Speaker of the House of Representatives, or their

designee, for the legislative branch of the Government; and

‘‘(C) by the Chief Justice of the United States or his designee for the judicial branch of the Government.

‘‘(2) Such regulations shall provide that an agency’s administrative costs in executing a garnishment action may be added to

the garnishment, and that the agency may retain costs recovered

as offsetting collections.

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

of this Act, the Secretaries of the Executive departments concerned

shall promulgate regulations to carry out the purposes of this

section with regard to members of the uniformed services.
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‘‘(2) Such regulations shall include provisions for—

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

of the uniformed services for indebtedness owed a third party

as determined by the final judgment of a court of competent

jurisdiction, and as further determined by competent military

or executive authority, as appropriate, to be in compliance

with the procedural requirements of the Soldiers’ and Sailors’

Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.); and

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

uniformed service from an appearance in a judicial proceeding

resulting from the exigencies of military duty.

‘‘(3) The Secretaries of the Executive departments concerned

shall promulgate regulations under this subsection that are, as

far as practicable, uniform for all of the uniformed services. The

Secretary of Defense shall consult with the Secretary of Transportation with regard to the promulgation of such regulations that

might affect members of the Coast Guard when the Coast Guard

is operating as a service in the Navy.’’.

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

States Code, is amended by inserting after the item relating to

section 5520 the following:

‘‘5520a. Garnishment of pay.’’.

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

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

to the Inspector General Act of 1978) as paragraph (10); and

(B) by adding at the end thereof the following new paragraph:

‘‘(11) section 5520a of title 5.’’.

SEC. 10. SENSE OF THE SENATE RELATING TO FEDERAL EMPLOYEE

SOLICITATION OF FUNDS AND CANDIDACIES.

It is the sense of the Senate that Federal employees should

not be authorized to—

(1) solicit political contributions from the general public;

or

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

partisan political office, except as expressly provided under

current law.

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

(a) FINDINGS.—The Senate finds the following: (1) On May 23, 1993, an explosion in Managua, Nicaragua

exposed a cache of weapons, including 19 surface-to-air missiles,

hundreds of AK–47 assault rifles, machine guns, rocket propelled grenades, tons of ammunition and explosives.

(2) Investigations of the explosions have uncovered 310

passports from 21 different countries, including seven United

States passports.

(3) Documents in the possession of those apprehended in

connection with the February 26, 1993, bombing of the World

Trade Center have been traced to Nicaragua.

(4) The acquisition and storage of these weapons and documents could not have been accomplished without the knowledge

and cooperation of the Sandinista National Liberation Front

and ministries of the Government of Nicaragua under its

control.
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(5) The Sandinista National Liberation Front has a history

of subversion and links to international terrorism.

(6) The recent discovery demonstrates the inability of the

legitimate Government of Nicaragua to control all of its

ministries.

(7) This lack of authority makes uncertain the ability of

the Government of Nicaragua to prevent the export of terrorism

by the Sandinista National Liberation Front.

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

(1) no further United States foreign assistance to Nicaragua

should be obligated pending investigation by an appropriate

international body, with the participation of United States Federal agencies, of the Sandinista National Liberation Front; and

(2) such investigation should focus on the relationship of

the Sandinista National Liberation Front to acts of terrorism

which threaten to undermine the security of the United States

and the political stability and economic prosperity of the

Western Hemisphere.

SEC. 12. EFFECTIVE DATE.

(a) The amendments made by this Act shall take effect 120

days after the date of the enactment of this Act, except that the

authority to prescribe regulations granted under section 7325 of

title 5, United States Code (as added by section 2 of this Act),

shall take effect on the date of the enactment of this Act.

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

of law shall not release or extinguish any penalty, forfeiture, or

liability incurred under that provision, and that provision shall

be treated as remaining in force for the purpose of sustaining

any proper proceeding or action for the enforcement of that

penalty, forfeiture, or liability.

(c) No provision of this Act shall affect any proceedings with

respect to which the charges were filed on or before the effective

date of the amendments made by this Act. Orders shall be issued

in such proceedings and appeals shall be taken therefrom as if

this Act had not been enacted.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.