Text: H.R.20 — 103rd Congress (1993-1994)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 20 Enrolled Bill (ENR)]

        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;
            ``(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.
    ``(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 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 semicolon 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.

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.
    ``(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 
    residence 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;
            ``(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.
    ``(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.
    ``(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.
        (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.