‘‘(A) sufficient notice before monitoring is con-
ducted;
‘‘(B) flexibility to negotiate with the Corpora-
tion when disagreements arise over the timing and
conduct of monitoring;
‘‘(C) reasonable opportunity to respond and
comment on draft reports on monitoring;
‘‘(D) protection from disclosure to third parties
of the results of monitoring and the contents of any
draft reports on monitoring before a final report on
the monitoring is issued; and
‘‘(E) protection from disclosure to third parties
of any documents obtained during monitoring except
to the extent necessary to carry out the monitoring,
consistent with the laws and the rules of ethics and
professional responsibility applicable to the jurisdic-
tion where such documents are maintained, except
that the Corporation shall at all times have the au-
thority to make evidence of criminal conduct avail-
able to the appropriate legal authority.
The Corporation shall ensure that the monitoring process
is reasonably related to the purposes which the monitoring
is intended to accomplish.
‘‘(4) The Corporation, in cooperation with recipients
and other appropriate groups, shall develop criteria for
evaluating the capability and performance of recipients
and other grantees and contractors of the Corporation.
Such criteria shall provide for the assessment of—
‘‘(A) the degree to which any such recipient,
grantee, or contractor provides a comprehensive
range of legal assistance to eligible clients, including,
in the case of support entities, a comprehensive
range of appropriate support services;
‘‘(B) the past demonstrated record of any such
recipient, grantee, or contractor in providing effec-
tive, economical, and high quality legal services to
poor individuals and in developing additional re-
sources, including pro bono services from the private
bar;
‘‘(C) the ability of any such recipient, grantee,
or contractor to determine and address the needs of
eligible clients for particular services, including, in
the case of support entities, the range of support
services needed in the geographical or subject matter
area served;
‘‘(D) the adherence by any such recipient,
grantee, or contractor to accepted norms of perform-
ance to guide the provision of legal assistance to
poor individuals; and
‘‘(E) the adherence by any such recipient,
grantee, or contractor to applicable rules of profes-
sional responsibility for attorneys providing legal as-
sistance to poor individuals.
‘‘(5) Notwithstanding the preceding provisions of this
subsection, the Inspector General of the Corporation shall
not, in carrying out his or her functions, be subject to
any restriction that—
‘‘(A) is contained in the standards and proce-
dures adopted by the Corporation under this sub-
section; and
‘‘(B) limits access by the Corporation to docu-
ments or other information.’’.
(d) TECHNICAL AMENDMENTS.—
(1) Section 1006(b) (42 U.S.C. 2996e(b)) is
amended by adding at the end the following:
‘‘(7) The Corporation shall ensure that—
‘‘(A) no employee of the Corporation or of any
recipient or other grantee or contractor of the Cor-
poration (except as permitted by law in connection
with such employee’s own employment situation),
while carrying out legal assistance activities sup-
ported under this title, engages in, or encourages
others to engage in, any public demonstration or
picketing, boycott, or strike; and
‘‘(B) no such employee, at any time, engages in,
or encourages others to engage in—
‘‘(i) any rioting or civil disturbance,
‘‘(ii) any activity which is in violation of an
outstanding injunction of any court of com-
petent jurisdiction,
‘‘(iii) any other illegal activity, or
‘‘(iv) any intentional identification of the
Corporation or any recipient or other grantee or
contractor of the Corporation with any political
activity prohibited by section 1007(a)(6).’’.
(2) Section 1006(b)(2) (42 U.S.C. 2996e(b)(2))
is amended by striking ‘‘provisions of section 1011’’
and inserting ‘‘regulations issued under paragraph
(5) of this subsection’’.
(3) Section 1007(a)(9) (42 U.S.C. 2996f(a)(9))
is amended by striking ‘‘1011’’ and inserting
‘‘1006(b)(5)’’.
(4) Section 1011 (42 U.S.C. 2996j) is repealed.
SEC. 7. CLASS ACTIONS.
Section 1006(d)(5) (42 U.S.C. 2996e(d)(5)) is
amended—
(1) by striking ‘‘No’’ and inserting ‘‘(A) Subject
to subparagraph (B), no’’; and
(2) by adding at the end the following:
‘‘(B) No recipient, other grantee or contractor
of the Corporation, or employee of any such recipi-
ent, grantee, or contractor may bring a class action
suit against the Federal Government or any State or
local government unless—
‘‘(i) the project director of the recipient,
grantee, or contractor has expressly approved
the filing of such an action in accordance with
policies established by the governing or policy
body of the recipient, grantee, or contractor and
the filing of such action has not been expressly
disapproved by such governing or policy body;
‘‘(ii) the class relief which is the subject of
such an action is sought for the primary benefit
of individuals who are eligible for legal assist-
ance under this title; and
‘‘(iii) before filing such an action, the
project director of the recipient, grantee, or
contractor determines that the government en-
tity is not likely to change the policy or practice
in question, that the policy or practice will con-
tinue to adversely affect eligible clients, that the
recipient, grantee, or contractor has given no-
tice of its intention to seek class relief, and that
responsible efforts to resolve without litigation
the adverse effects of the policy or practice have
not been successful or would be adverse to the
interest of the clients.’’.
SEC. 8. NEGOTIATION REQUIREMENT.
Section 1007(a) (42 U.S.C. 2996f(a)) is amended—
(1) in paragraph (9) by striking ‘‘and’’ after
the semicolon; and
(2) by adding at the end the following:
‘‘(11) require recipients and other grantees and
contractors of the Corporation to adopt policies, con-
sistent with the rules of ethics and professional re-
sponsibility that apply in the jurisdiction in which
legal assistance is to be provided, which require em-
ployees of the recipients, grantees, and contractors
to attempt to negotiate settlements and to use alter-
native dispute resolution mechanisms, where appro-
priate and available, before filing suit, except that
nothing in this paragraph shall be construed to per-
mit the Corporation—
‘‘(A) to require policies which restrict rep-
resentation of clients to matters where the cli-
ents agree to such negotiation or use of alter-
native dispute resolution mechanisms; or
‘‘(B) to preclude an attorney from filing
suit where the attorney’s professional respon-