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 Presi-
dent 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 politi-
cal purpose;
H. R. 20—2
‘‘(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 contribu-
tion 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 sec-
tion 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 sec-
tion 315(a)(4) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(4))) of such Federal labor organiza-
tion 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.
H. R. 20—3
‘‘(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 prohib-
ited 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 con-
tinue 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
H. R. 20—4
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 regula-
tions 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 sub-
division 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 appro-
priated 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 ‘‘Treas-
ury of the United States’’ and inserting in lieu thereof a semi-
H. R. 20—5
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 sub-
section:
‘‘(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.
H. R. 20—6
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 deter-
mined to be of a confidential, policy-determining, pol-
icy-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 rec-
ommendation 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 state-
ment, 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.
H. R. 20—7
‘‘(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 quali-
fications 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;
H. R. 20—8
‘‘(C) any agency of the judicial branch of the Govern-
ment; and
‘‘(D) any agency of the legislative branch of the Govern-
ment, 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 compensa-
tion 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 regula-
tion 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.
H. R. 20—9
‘‘(e) No employee whose duties include responding to interrog-
atories 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 Post-
master 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 des-
ignee for the judicial branch of the Government.
‘‘(2) Such regulations shall provide that an agency’s administra-
tive 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.
H. R. 20—10
‘‘(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 Transpor-
tation 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 para-
graph:
‘‘(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 NICA-
RAGUA.
(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 pro-
pelled 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 docu-
ments 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.
H. R. 20—11
(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 Fed-
eral 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.