H. R. 2076—54
Provided, That upon establishment of reasonable cause that
an injunction is necessary to prevent probable, serious harm
to such potential plaintiff, a court of competent jurisdiction
may enjoin the disclosure of the identity of any potential plain-
tiff pending the outcome of such litigation or negotiations after
notice and an opportunity for a hearing is provided to potential
parties to the litigation or the negotiations: Provided further,
That other parties to the litigation or negotiation shall have
access to the statement of facts referred to in subparagraph
(B) only through the discovery process after litigation has
begun;
(9) unless—
(A) prior to the provision of financial assistance—
(i) if the person or entity is a nonprofit organiza-
tion, the governing board of the person or entity has
set specific priorities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Corporation Act
(42 U.S.C. 2996f(a)(2)(C)(i)), of the types of matters
and cases to which the staff of the nonprofit organiza-
tion shall devote time and resources; and
(ii) the staff of such person or entity has signed
a written agreement not to undertake cases or matters
other than in accordance with the specific priorities
set by such governing board, except in emergency situa-
tions defined by such board and in accordance with
the written procedures of such board for such situa-
tions; and
(B) the staff of such person or entity provides to the
governing board on a quarterly basis, and to the Corpora-
tion on an annual basis, information on all cases or matters
undertaken other than cases or matters undertaken in
accordance with such priorities;
(10) unless—
(A) prior to receiving the financial assistance, such
person or entity agrees to maintain records of time spent
on each case or matter with respect to which the person
or entity is engaged;
(B) any funds, including Interest on Lawyers Trust
Account funds, received from a source other than the Cor-
poration by the person or entity, and disbursements of
such funds, are accounted for and reported as receipts
and disbursements, respectively, separate and distinct from
Corporation funds; and
(C) the person or entity agrees (notwithstanding section
1009(d) of the Legal Services Corporation Act (42 U.S.C.
2996h(d)) to make the records described in this paragraph
available to any Federal department or agency that is
auditing or monitoring the activities of the Corporation
or of the recipient, and to any independent auditor or
monitor receiving Federal funds to conduct such auditing
or monitoring, including any auditor or monitor of the
Corporation;
(11) that provides legal assistance for or on behalf of any
alien, unless the alien is present in the United States and
is—
H. R. 2076—55
(A) an alien lawfully admitted for permanent residence
as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(B) an alien who—
(i) is married to a United States citizen or is a
parent or an unmarried child under the age of 21
years of such a citizen; and
(ii) has filed an application to adjust the status
of the alien to the status of a lawful permanent resident
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), which application has not been rejected;
(C) an alien who is lawfully present in the United
States pursuant to an admission under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) (relating
to refugee admission) or who has been granted asylum
by the Attorney General under such Act;
(D) an alien who is lawfully present in the United
States as a result of withholding of deportation by the
Attorney General pursuant to section 243(h) of the
Immigration and Nationality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 note)
applies, but only to the extent that the legal assistance
provided is the legal assistance described in such section;
or
(F) an alien who is lawfully present in the United
States as a result of being granted conditional entry to
the United States before April 1, 1980, pursuant to section
203(a)(7) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(7)), as in effect on March 31, 1980, because of
persecution or fear of persecution on account of race, reli-
gion, or political calamity;
(12) that supports or conducts a training program for the
purpose of advocating a particular public policy or encouraging
a political activity, a labor or antilabor activity, a boycott,
picketing, a strike, or a demonstration, including the dissemina-
tion of information about such a policy or activity, except that
this paragraph shall not be construed to prohibit the provision
of training to an attorney or a paralegal to prepare the attorney
or paralegal to provide—
(A) adequate legal assistance to eligible clients; or
(B) advice to any eligible client as to the legal rights
of the client;
(13) that claims (or whose employee claims), or collects
and retains, attorneys’ fees pursuant to any Federal or State
law permitting or requiring the awarding of such fees;
(14) that participates in any litigation with respect to abor-
tion;
(15) that participates in any litigation on behalf of a person
incarcerated in a Federal, State, or local prison;
(16) that initiates legal representation or participates in
any other way, in litigation, lobbying, or rulemaking, involving
an effort to reform a Federal or State welfare system, except
that this paragraph shall not be construed to preclude a recipi-
ent from representing an individual eligible client who is seek-
ing specific relief from a welfare agency if such relief does
H. R. 2076—56
not involve an effort to amend or otherwise challenge existing
law in effect on the date of the initiation of the representation;
(17) that defends a person in a proceeding to evict the
person from a public housing project if—
(A) the person has been charged with the illegal sale
or distribution of a controlled substance; and
(B) the eviction proceeding is brought by a public hous-
ing agency because the illegal drug activity of the person
threatens the health or safety of another tenant residing
in the public housing project or employee of the public
housing agency;
(18) unless such person or entity agrees that the person
or entity, and the employees of the person or entity, will not
accept employment resulting from in-person unsolicited advice
to a nonattorney that such nonattorney should obtain counsel
or take legal action, and will not refer such nonattorney to
another person or entity or an employee of the person or entity,
that is receiving financial assistance provided by the Corpora-
tion; or
(19) unless such person or entity enters into a contractual
agreement to be subject to all provisions of Federal law relating
to the proper use of Federal funds, the violation of which
shall render any grant or contractual agreement to provide
funding null and void, and, for such purposes, the Corporation
shall be considered to be a Federal agency and all funds pro-
vided by the Corporation shall be considered to be Federal
funds provided by grant or contract.
(b) Nothing in this section shall be construed to prohibit a
recipient from using funds from a source other than the Legal
Services Corporation for the purpose of contacting, communicating
with, or responding to a request from, a State or local government
agency, a State or local legislative body or committee, or a member
thereof, regarding funding for the recipient, including a pending
or proposed legislative or agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment of
this Act, the Legal Services Corporation shall promulgate a sug-
gested list of priorities that boards of directors may use in setting
priorities under subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept any
non-Federal funds, and no recipient shall accept funds from any
source other than the Corporation, unless the Corporation or the
recipient, as the case may be, notifies in writing the source of
the funds that the funds may not be expended for any purpose
prohibited by the Legal Services Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient from—
(A) receiving Indian tribal funds (including funds from
private nonprofit organizations for the benefit of Indians or
Indian tribes) and expending the tribal funds in accordance
with the specific purposes for which the tribal funds are pro-
vided; or
(B) using funds received from a source other than the
Legal Services Corporation to provide legal assistance to a
covered individual if such funds are used for the specific pur-
poses for which such funds were received, except that such
funds may not be expended by recipients for any purpose
prohibited by this Act or by the Legal Services Corporation
Act.
H. R. 2076—57
(e) As used in this section:
(1) The term ‘‘controlled substance’’ has the meaning given
the term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(2) The term ‘‘covered individual’’ means any person who—
(A) except as provided in subparagraph (B), meets
the requirements of this Act and the Legal Services Cor-
poration Act relating to eligibility for legal assistance; and
(B) may or may not be financially unable to afford
legal assistance.
(3) The term ‘‘public housing project’’ has the meaning
as used within, and the term ‘‘public housing agency’’ has
the meaning given the term, in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a).
SEC. 505. None of the funds appropriated in this Act to
the Legal Services Corporation or provided by the Corporation
to any entity or person may be used to pay membership dues
to any private or nonprofit organization.
SEC. 506. None of the funds appropriated in this Act to
the Legal Services Corporation may be used by any person or
entity receiving financial assistance from the Corporation to file
or pursue a lawsuit against the Corporation.
SEC. 507. None of the funds appropriated in this Act to
the Legal Services Corporation may be used for any purpose prohib-
ited or contrary to any of the provisions of authorization legislation
for fiscal year 1996 for the Legal Services Corporation that is
enacted into law. Upon the enactment of such Legal Services Cor-
poration reauthorization legislation, funding provided in this Act
shall from that date be subject to the provisions of that legislation
and any provisions in this Act that are inconsistent with that
legislation shall no longer have effect.
SEC. 508. (a) The requirements of section 504 shall apply
to the activities of a recipient described in section 504, or an
employee of such a recipient, during the provision of legal assistance
for a case or matter, if the recipient or employee begins to provide
the legal assistance on or after the date of enactment of this
Act.
(b) If the recipient or employee began to provide legal assistance
for the case or matter prior to the date of enactment of this Act—
(1) each of the requirements of section 504 (other than
paragraphs (7), (11), and (15) of subsection (a) of such section)
shall, beginning on the date of enactment of this Act, apply
to the activities of the recipient or employee during the provi-
sion of legal assistance for the case or matter; and
(2) the requirements of paragraphs (7), (11), and (15) of
section 504(a) shall apply—
(A) beginning on the date of enactment of this Act,
to the activities of the recipient or employee during the
provision of legal assistance for any additional related claim
for which the recipient or employee begins to provide legal
assistance on or after such date; and
(B) beginning July 1, 1996, to all other activities of
the recipient or employee during the provision of legal
assistance for the case or matter.
(c) The Legal Services Corporation shall, every 60 days, submit
to the Committees on Appropriations of the Senate and House
H. R. 2076—58
of Representatives a report setting forth the status of cases and
matters referred to in subsection (b)(2).
SEC. 509. (a) An audit of each person or entity receiving finan-
cial assistance from the Legal Services Corporation under this
Act (referred to in this section as a ‘‘recipient’’) shall be conducted
in accordance with generally accepted government auditing stand-
ards and shall report whether—
(1) the financial statements of the recipient present fairly
its financial position and the results of its financial operations
in accordance with generally accepted accounting principles;
(2) the recipient has internal control systems to provide
reasonable assurance that it is managing funds, regardless
of source, in compliance with Federal laws and regulations;
and
(3) the recipient has complied with Federal laws and regu-
lations applicable to funds received, regardless of source.
(b) In carrying out the requirements of subsection (a)(3), the
auditor shall select and test a representative number of trans-
actions. Any noncompliance found by the auditor during the audit
under this section shall be reported within 30 days to the Office
of the Inspector General.
(c) Audits conducted in accordance with this section shall be
in lieu of the financial audits otherwise required by section 1009(c)
of the Legal Services Corporation Act (42 U.S.C. 2996h(c)).
(d) Notwithstanding section 1006(b)(3) of the Legal Services
Corporation Act (42 U.S.C. 2996e(b)(3)), the Legal Services Corpora-
tion shall have access to financial records, time records, retainer
agreements, client trust fund and eligibility records, and client
names, for each recipient, except for reports or records subject
to the attorney-client privilege.
(e) The Legal Services Corporation shall not disclose any name
or document referred to in subsection (d), except to—
(1) a Federal, State, or local law enforcement official; or
(2) an official of an appropriate bar association for the
purpose of enabling the official to conduct an investigation
of a rule of professional conduct.
(f) The requirements of this section shall apply to a recipient
for its first fiscal year beginning on or after January 1, 1996.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, as amended,
$1,190,000.
MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Martin Luther King, Jr. Federal
Holiday Commission, as authorized by Public Law 98–399, as
amended, $350,000: Provided, That this shall be the final Federal
payment to the Martin Luther King, Jr. Federal Holiday Commis-
sion for operations and necessary closing costs.
H. R. 2076—59
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $287,738,000, of which
$3,000,000 is for the Office of Economic Analysis, to be headed
by the Chief Economist of the Commission, and of which not to
exceed $10,000 may be used toward funding a permanent secretariat
for the International Organization of Securities Commissions, and
of which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to exchange
views concerning developments relating to securities matters, devel-
opment and implementation of cooperation agreements concerning
securities matters and provision of technical assistance for the
development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses
of Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental expenses
as meals taken in the course of such attendance, (ii) any travel
and transportation to or from such meetings, and (iii) any other
related lodging or subsistence: Provided, That immediately upon
enactment of this Act, the rate of fees under section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-
fiftieth of one percentum to one-twenty-ninth of one percentum,
and such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to recover
costs of services of the securities registration process: Provided
further, That the total amount appropriated for fiscal year 1996
under this heading shall be reduced as such fees are deposited
to this appropriation so as to result in a final total fiscal year
1996 appropriation from the General Fund estimated at not more
than $103,445,000: Provided further, That any such fees collected
in excess of $184,293,000 shall remain available until expended
but shall not be available for obligation until October 1, 1996:
Provided further, That $1,000,000 of the funds appropriated for
the Commission shall be available for the enforcement of the Invest-
ment Advisers Act of 1940 in addition to any other appropriated
funds designated by the Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103–403,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $219,190,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
H. R. 2076—60
shall be credited to this account, to be available for carrying out
these purposes without further appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1–11 as amended by Public Law 100–
504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the cost of
guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631
note, of which $1,216,000, to be available until expended, shall
be for the Microloan Guarantee Program, and of which $40,510,000
shall remain available until September 30, 1997: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 1996, commitments to
guarantee loans under section 503 of the Small Business Investment
Act of 1958, as amended, shall not exceed the amount of financings
authorized under section 20(n)(2)(B) of the Small Business Act,
as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $92,622,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $34,432,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $71,578,000, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guarantees Revolv-
ing Fund’’, authorized by the Small Business Investment Act, as
amended, $2,530,000, to remain available without fiscal year limita-
tion as authorized by 15 U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
SEC. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Adminis-
tration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
H. R. 2076—61
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by The State Justice Institute Authorization Act of 1992 (Public
Law 102–572 (106 Stat. 4515–4516)), $5,000,000 to remain available
until expended: Provided, That not to exceed $2,500 shall be avail-
able for official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605 (a) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 1996, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified fifteen
days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 1996, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, which-
ever is less, that (1) augments existing programs, projects, or activi-
ties; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
H. R. 2076—62
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified fifteen days in advance of such reprogramming of
funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for (1) opening or operating any United States
diplomatic or consular post in the Socialist Republic of Vietnam
that was not operating on July 11, 1995; (2) expanding any United
States diplomatic or consular post in the Socialist Republic of Viet-
nam that was operating on July 11, 1995; or (3) increasing the
total number of personnel assigned to United States diplomatic
or consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless the President certifies
within 60 days, based upon all information available to the United
States Government that the Government of the Socialist Republic
of Vietnam is fully cooperating with the United States in the
following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will help
lead to fullest possible accounting of POW/MIA’s,
(4) Providing further assistance in implementing trilateral
investigations with Laos.
SEC. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds (1) that the United Nations undertaking is a peacekeep-
ing mission, (2) that such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national, and (3) that the President’s military advisors have not
submitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
H. R. 2076—63
President has not submitted to the Congress such a recommenda-
tion.
SEC. 611. None of the funds made available in this Act shall
be used to provide the following amenities or personal comforts
in the Federal prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates, or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration under the
heading ‘‘Fleet Modernization, Shipbuilding and Conversion’’ may
be used to implement sections 603, 604, and 605 of Public Law
102–567.
SEC. 613. None of the funds made available in this Act may
be used for ‘‘USIA Television Marti Program’’ under the Television
Broadcasting to Cuba Act or any other program of United States
Government television broadcasts to Cuba, when it is made known
to the Federal official having authority to obligate or expend such
funds that such use would be inconsistent with the applicable
provisions of the March 1995 Office of Cuba Broadcasting
Reinventing Plan of the United States Information Agency.
SEC. 614. (a)(1) Section 5002 of title 18, United States Code,
is repealed.
(2) The table of sections for chapter 401 of title 18, United
States Code, is amended by striking out the item relating to the
Advisory Corrections Council.
(b) This section shall take effect 30 days after the date of
the enactment of this Act.
SEC. 615. Any costs incurred by a Department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
provision is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
H. R. 2076—65
‘‘(B) The court shall not order any prospective relief that
requires or permits a government official to exceed his or her
authority under State or local law or otherwise violates State
or local law, unless—
‘‘(i) Federal law permits such relief to be ordered in
violation of State or local law;
‘‘(ii) the relief is necessary to correct the violation of
a Federal right; and
‘‘(iii) no other relief will correct the violation of the
Federal right.
‘‘(C) Nothing in this section shall be construed to authorize
the courts, in exercising their remedial powers, to order the
construction of prisons or the raising of taxes, or to repeal
or detract from otherwise applicable limitations on the remedial
powers of the courts.
‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any civil action
with respect to prison conditions, to the extent otherwise
authorized by law, the court may enter a temporary restraining
order or an order for preliminary injunctive relief. Preliminary
injunctive relief must be narrowly drawn, extend no further
than necessary to correct the harm the court finds requires
preliminary relief, and be the least intrusive means necessary
to correct that harm. The court shall give substantial weight
to any adverse impact on public safety or the operation of
a criminal justice system caused by the preliminary relief and
shall respect the principles of comity set out in paragraph
(1)(B) in tailoring any preliminary relief. Preliminary injunctive
relief shall automatically expire on the date that is 90 days
after its entry, unless the court makes the findings required
under subsection (a)(1) for the entry of prospective relief and
makes the order final before the expiration of the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any civil action with
respect to prison conditions, no prisoner release order shall
be entered unless—
‘‘(i) a court has previously entered an order for less
intrusive relief that has failed to remedy the deprivation
of the Federal right sought to be remedied through the
prisoner release order; and
‘‘(ii) the defendant has had a reasonable amount of
time to comply with the previous court orders.
‘‘(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered
only by a three-judge court in accordance with section 2284
of title 28, if the requirements of subparagraph (E) have been
met.
‘‘(C) A party seeking a prisoner release order in Federal
court shall file with any request for such relief, a request
for a three-judge court and materials sufficient to demonstrate
that the requirements of subparagraph (A) have been met.
‘‘(D) If the requirements under subparagraph (A) have been
met, a Federal judge before whom a civil action with respect
to prison conditions is pending who believes that a prison
release order should be considered may sua sponte request
the convening of a three-judge court to determine whether
a prisoner release order should be entered.
H. R. 2076—66
‘‘(E) The three-judge court shall enter a prisoner release
order only if the court finds by clear and convincing evidence
that—
‘‘(i) crowding is the primary cause of the violation
of a Federal right; and
‘‘(ii) no other relief will remedy the violation of the
Federal right.
‘‘(F) Any State or local official or unit of government whose
jurisdiction or function includes the appropriation of funds for
the construction, operation, or maintenance of program facili-
ties, or the prosecution or custody of persons who may be
released from, or not admitted to, a prison as a result of
a prisoner release order shall have standing to oppose the
imposition or continuation in effect of such relief and to seek
termination of such relief, and shall have the right to intervene
in any proceeding relating to such relief.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the motion
of any party or intervener—
‘‘(i) 2 years after the date the court granted or approved
the prospective relief;
‘‘(ii) 1 year after the date the court has entered an
order denying termination of prospective relief under this
paragraph; or
‘‘(iii) in the case of an order issued on or before the
date of enactment of the Prison Litigation Reform Act,
2 years after such date of enactment.
‘‘(B) Nothing in this section shall prevent the parties from
agreeing to terminate or modify relief before the relief is termi-
nated under subparagraph (A).
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF.—In
any civil action with respect to prison conditions, a defendant
or intervener shall be entitled to the immediate termination
of any prospective relief if the relief was approved or granted
in the absence of a finding by the court that the relief is
narrowly drawn, extends no further than necessary to correct
the violation of the Federal right, and is the least intrusive
means necessary to correct the violation of the Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not terminate if
the court makes written findings based on the record that
prospective relief remains necessary to correct a current or
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the least
intrusive means to correct the violation.
‘‘(4) TERMINATION OR MODIFICATION OF RELIEF.—Nothing
in this section shall prevent any party or intervener from
seeking modification or termination before the relief is ter-
minable under paragraph (1) or (2), to the extent that modifica-
tion or termination would otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action with respect
to prison conditions, the court shall not enter or approve a
consent decree unless it complies with the limitations on relief
set forth in subsection (a).
H. R. 2076—67
‘‘(2) PRIVATE
SETTLEMENT
AGREEMENTS.—(A) Nothing in
this section shall preclude parties from entering into a private
settlement agreement that does not comply with the limitations
on relief set forth in subsection (a), if the terms of that agree-
ment are not subject to court enforcement other than the
reinstatement of the civil proceeding that the agreement settled.
‘‘(B) Nothing in this section shall preclude any party claim-
ing that a private settlement agreement has been breached
from seeking in State court any remedy available under State
law.
‘‘(d) STATE LAW REMEDIES.—The limitations on remedies in
this section shall not apply to relief entered by a State court
based solely upon claims arising under State law.
‘‘(e) PROCEDURE
FOR
MOTIONS
AFFECTING
PROSPECTIVE
RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil action
with respect to prison conditions.
‘‘(2) AUTOMATIC
STAY.—Any prospective relief subject to
a pending motion shall be automatically stayed during the
period—
‘‘(A)(i) beginning on the 30th day after such motion
is filed, in the case of a motion made under paragraph
(1) or (2) of subsection (b); or
‘‘(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law; and
‘‘(B) ending on the date the court enters a final order
ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN
GENERAL.—(A) In any civil action in a Federal
court with respect to prison conditions, the court may appoint
a special master who shall be disinterested and objective and
who will give due regard to the public safety, to conduct hear-
ings on the record and prepare proposed findings of fact.
‘‘(B) The court shall appoint a special master under this
subsection during the remedial phase of the action only upon
a finding that the remedial phase will be sufficiently complex
to warrant the appointment.
‘‘(2) APPOINTMENT.—(A) If the court determines that the
appointment of a special master is necessary, the court shall
request that the defendant institution and the plaintiff each
submit a list of not more than 5 persons to serve as a special
master.
‘‘(B) Each party shall have the opportunity to remove up
to 3 persons from the opposing party’s list.
‘‘(C) The court shall select the master from the persons
remaining on the list after the operation of subparagraph (B).
‘‘(3) INTERLOCUTORY
APPEAL.—Any party shall have the
right to an interlocutory appeal of the judge’s selection of the
special master under this subsection, on the ground of partial-
ity.
‘‘(4) COMPENSATION.—The compensation to be allowed to
a special master under this section shall be based on an hourly
rate not greater than the hourly rate established under section
3006A for payment of court-appointed counsel, plus costs
H. R. 2076—68
reasonably incurred by the special master. Such compensation
and costs shall be paid with funds appropriated to the Judiciary.
‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In any civil action
with respect to prison conditions in which a special master
is appointed under this subsection, the court shall review the
appointment of the special master every 6 months to determine
whether the services of the special master continue to be
required under paragraph (1). In no event shall the appoint-
ment of a special master extend beyond the termination of
the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A special master
appointed under this subsection—
‘‘(A) may be authorized by a court to conduct hearings
and prepare proposed findings of fact, which shall be made
on the record;
‘‘(B) shall not make any findings or communications
ex parte;
‘‘(C) may be authorized by a court to assist in the
development of remedial plans; and
‘‘(D) may be removed at any time, but shall be relieved
of the appointment upon the termination of relief.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘consent decree’ means any relief entered
by the court that is based in whole or in part upon the consent
or acquiescence of the parties but does not include private
settlements;
‘‘(2) the term ‘civil action with respect to prison conditions’
means any civil proceeding arising under Federal law with
respect to the conditions of confinement or the effects of actions
by government officials on the lives of persons confined in
prison, but does not include habeas corpus proceedings challeng-
ing the fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person subject to incar-
ceration, detention, or admission to any facility who is accused
of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes any order,
including a temporary restraining order or preliminary injunc-
tive relief, that has the purpose or effect of reducing or limiting
the prison population, or that directs the release from or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal, State, or local
facility that incarcerates or detains juveniles or adults accused
of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law;
‘‘(6) the term ‘private settlement agreement’ means an
agreement entered into among the parties that is not subject
to judicial enforcement other than the reinstatement of the
civil proceeding that the agreement settled;
‘‘(7) the term ‘prospective relief’ means all relief other than
compensatory monetary damages;
‘‘(8) the term ‘special master’ means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules
of Civil Procedure or pursuant to any inherent power of the
court to exercise the powers of a master, regardless of the
title or description given by the court; and