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or related expenses, associated with an activity pro-
hibited in paragraph (1), (2), (3), (4), or (5);
(7) that brings a class action suit against the
Federal Government or any State or local govern-
ment;
(8) that files a complaint or otherwise pursues
litigation against a defendant, or engages in
precomplaint settlement negotiations with a prospec-
tive defendant, unless—
(A) all plaintiffs have been specifically
identified, by name, in any complaint filed for
purposes of litigation; and
(B) a statement or statements of facts
written in English and, if necessary, in a lan-
guage which the plaintiffs understand, which
enumerate the particular facts known to the
plaintiffs on which the complaint is based, have
been signed by the plaintiffs (including named
plaintiffs in a class action), are kept on file by
the person or entity provided financial assist-
ance by the Corporation, and are made avail-
able to any Federal department or agency that
is auditing the activities of the Corporation or
of any recipient, and to any auditor receiving
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Federal funds to conduct such auditing, includ-
ing any auditor or monitor of the Corporation:
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 dis-
closure of the identity of any potential plaintiff
pending the outcome of such litigation or negotia-
tions after notice and an opportunity for a hearing
is provided to potential parties to the litigation or
the negotiations: Provided further, That other parties
shall have access to the statement of facts referred
to in subparagraph (B) only through the discovery
process after litigation has begun;
(9) unless, after January 1, 1996, and prior to
the provision of financial assistance—
(A) the governing board of a person or en-
tity receiving financial assistance provided by
the Legal Services Corporation has set specific
priorities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Corpora-
tion Act, of the types of matters and cases to
which the staff of the nonprofit organization
shall devote its time and resources; and
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(B) the staff of such person or entity re-
ceiving financial assistance provided by the
Legal Services Corporation has signed a written
agreement not to undertake cases or matters
other than in accordance with the specific prior-
ities set by such governing board, except in
emergency situations defined by such board and
in accordance with such board’s written proce-
dures for such situations:
Provided, That the staff of such person or entity re-
ceiving financial assistance provided by the Legal
Services Corporation shall provide to their respective
governing board on a quarterly basis, and to the
Corporation on an annual basis, all cases undertaken
other than those in accordance with such priorities:
Provided further, That not later than 30 days after
enactment of this Act, the Corporation shall promul-
gate a suggested list of priorities which boards of di-
rectors may use in setting priorities under this para-
graph;
(10) unless, prior to receiving financial assist-
ance provided by the Legal Services Corporation,
such person or entity agrees to maintain records of
time spent on each case or matter with respect to
which that person or entity is engaged in activities:
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Provided, That any non-Federal funds received by
any person or entity provided financial assistance by
the Corporation shall be accounted for and reported
as receipts and disbursements separate and distinct
from Corporation funds: Provided further, That such
person or entity receiving financial assistance pro-
vided by the Corporation agrees (notwithstanding
section 1009(d) of the Legal Services Corporation
Act) to make such records described in this para-
graph available to any Federal department, or agen-
cy or independent auditor receiving Federal funds to
conduct an audit of the activities of the Corporation
or recipient receiving funding under this Act;
(11) that provides legal assistance for or on be-
half of any alien, unless the alien is present in the
United States and is—
(A) an alien lawfully admitted for perma-
nent 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 is either married to a
United States citizen or is a parent or an un-
married child under the age of twenty-one years
of such a citizen and who has filed an applica-
tion for adjustment of status to permanent resi-
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dent under the Immigration and Nationality
Act, and such 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 admis-
sion) 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 the Attorney Gen-
eral’s withholding of deportation pursuant to
section 243(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1253(h)); or
(E) an alien to whom section 305 of the
Immigration Reform and Control Act of 1986
applies but only to the extent that the legal as-
sistance provided is that described in such sec-
tion:
Provided, That an alien who is lawfully present in
the United States as a result of being granted condi-
tional entry pursuant to section 203(a)(7) of the Im-
migration and Nationality Act (8 U.S.C. 1153(a)(7))
before April 1, 1980, because of persecution or fear
of persecution on account of race, religion, or politi-
cal calamity shall be deemed, for purposes of this
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section, to be an alien described in subparagraph
(C);
(12) that supports or conducts training pro-
grams for the purpose of advocating particular pub-
lic policies or encouraging political activities, labor
or anti-labor activities, boycotts, picketing, strikes,
and demonstrations, including the dissemination of
information about such policies or activities, except
that this paragraph shall not be construed to pro-
hibit the training of attorneys or paralegal personnel
to prepare them to provide adequate legal assistance
to eligible clients or to advise any eligible client as
to the nature of the legislative process or inform any
eligible client of his or her rights under statute,
order, or regulation;
(13) that provides legal assistance with respect
to any fee-generating case: Provided, That for the
purposes of this paragraph the term ‘‘fee-generating
case’’ means any case which, if undertaken on behalf
of an eligible client by an attorney in private prac-
tice may reasonably be expected to result in a fee for
legal services from an award to a client from public
funds, from the opposing party, or from any other
source;
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(14) that claims, or whose employees or clients
claim, or collect attorneys’ fees from nongovern-
mental parties to litigation initiated by such client
with the assistance of such recipient or its employ-
ees;
(15) that participates in any litigation with re-
spect to abortion;
(16) that participates in any litigation on behalf
of a local, State, or Federal prisoner;
(17) that provides legal representation for any
person, or participates in any other way, in litiga-
tion, lobbying, or rulemaking involving efforts to re-
form a State or Federal welfare system, except that
this paragraph shall not preclude a recipient from
representing an individual client who is seeking spe-
cific relief from a welfare agency where such relief
does not involve an effort to amend or otherwise
challenge existing law;
(18) that defends a person in a proceeding to
evict that person from a public housing project if
that person has been charged with the illegal sale or
distribution of a controlled substance and if the evic-
tion proceeding is brought by a public housing agen-
cy because the illegal drug activity of that person
threatens the health or safety of other tenants resid-
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ing in the public housing project or employees of the
public housing agency: Provided, That for the pur-
poses of this paragraph, the term ‘‘controlled sub-
stance’’ has the meaning given that term in section
102 of the Controlled Substances Act (21 U.S.C.
802): Provided further, That for the purposes of this
paragraph, the terms ‘‘public housing project’’ and
‘‘public housing agency’’ have the meanings given
those terms in section 3 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437a);
(19) unless such person or entity agrees that it
and its employees will not accept employment result-
ing 
from 
in-person 
unsolicited 
advice 
to 
a
nonattorney that such nonattorney should obtain
counsel or take legal action: Provided, That such
person or entity or its employees receiving financial
assistance provided by the Corporation shall also
agree that such person or entity will not refer such
nonattorney to another person or entity or its em-
ployees that are receiving financial assistance pro-
vided by the Legal Services Corporation; or
(20) 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
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or contractual agreement to provide funding null
and void: Provided, That for such purposes the Cor-
poration shall be considered to be a Federal agency
and all funds provided by the Corporation shall be
considered to be Federal funds provided by grant or
contract.
SEC. 505. None of the funds appropriated in this Act
to the Legal Services Corporation or provided by the Cor-
poration to any entity or person may be used to pay mem-
bership dues to any private or non-profit organization.
SEC. 506. None of the funds appropriated in this Act
to the Legal Services Corporation may be used by any per-
son or entity receiving financial assistance from the Cor-
poration to file or pursue a lawsuit against the Corpora-
tion.
SEC. 507. None of the funds appropriated in this Act
to the Legal Services Corporation may be used for any
purpose prohibited or contrary to any of the provisions
of authorization legislation for fiscal year 1996 for the
Legal Services Corporation that is enacted into law: Pro-
vided, That, upon enactment of Legal Services Corpora-
tion 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
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inconsistent with that legislation shall no longer have ef-
fect.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,000,000.
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, $250,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Ex-
change 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 representa-
tion expenses, $103,445,000, of which not to exceed
$10,000 may be used toward funding a permanent sec-
retariat for the International Organization of Securities
Commissions, and of which not to exceed $100,000 shall
be available for expenses for consultations and meetings
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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, de-
velopment and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities mar-
kets, such expenses to include necessary logistic and ad-
ministrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions and meetings including: (i) such incidental expenses
as meals taken in the course of such attendance, (ii) any
travel or 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 1 per
centum to one twenty-ninth of 1 per centum and such in-
crease shall be deposited as an offsetting collection to this
appropriation, to remain available until expended, to re-
cover costs of services of the securities registration proc-
ess.
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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 representa-
tion expenses, $217,947,000: Provided further, That the
Administrator is authorized to charge fees to cover the
cost of publications developed by the Small Business Ad-
ministration, and certain loan servicing activities: Pro-
vided further, That notwithstanding 31 U.S.C. 3302, reve-
nues received from all such activities shall be credited to
this account, to be available for carrying out these pur-
poses 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), $8,750,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $5,000,000, and for the
cost of guaranteed loans, $146,710,000, as authorized by
15 U.S.C. 631 note, of which $1,700,000, to be available
until expended, shall be for the Microloan Guarantee Pro-
gram, and of which $40,510,000 shall remain available
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until September 30, 1997: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $97,000,000,
which may be transferred to and merged with the appro-
priations 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, $78,000,000, which may be
transferred to and merged with the appropriations for Sal-
aries and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $2,530,000, to remain avail-
able without fiscal year limitation as authorized by 15
U.S.C. 631 note.
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ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 501. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the
Small Business Administration in this Act may be trans-
ferred between such appropriations, but no such appro-
priation 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 avail-
able for obligation or expenditure except in compliance
with the procedures set forth in that section.
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 procure-
ment contract, pursuant 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
100
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where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected 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 obli-
gation 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) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
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(b) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agen-
cies 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 per-
cent, whichever is less, that (1) augments existing pro-
grams, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Con-
gress; or (3) results from any general savings from a re-
duction in personnel which would result in a change 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 Ad-
ministration in shipyards located outside of the United
States.
102
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SEC. 607. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment 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 en-
tity 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 state-
ment 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 Com-
mission covering harassment 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).
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996’’.
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Union Calendar No. 100
104TH CONGRESS
1ST SESSION
H. R. 2076
[Report No. 104–196]
A BILL
Making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and
related agencies for the fiscal year ending Sep-
tember 30, 1996, and for other purposes.
JULY 19, 1995
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed