(d) Restrictions means the prohibitions or limitations on the use of LSC funds by a recipient and on the use of non-LSC funds as described in this part. LSC has four categories of restrictions: Extended, standard, limited, and other. The restrictions appear in 45 CFR parts 1600 through 1644, in the LSC Act at 42 U.S.C. 2996-2996l and in the sections of LSC's annual appropriation (Appropriations Restrictions) that incorporate the restrictions enacted in section 504 of Title V in Public Law 104-134, 122 Stat. 1321-50 (1996), as incorporated through Public Law 105-119, tit. V, § 502(a)(2), 111 Stat. 2440, 2510 (1998) and subject to modifications in other statutes.
(1) Extended restrictions are the restrictions on:
- (i) Abortion litigation (other abortion activities are subject to a standard restriction)—Section 504(a)(14) of the Appropriations Restrictions;
- (ii) Aliens (representation of non-U.S. citizens)—45 CFR part 1626;
- (iii) Class actions—45 CFR part 1617;
- (iv) Evictions from public housing involving illegal drug activities—45 CFR part 1633;
- (v) Lobbying in general—45 CFR1612.3, subject to the limitations and exceptions in 45 CFR 1612.5 (activities that are not lobbying) and 45 CFR 1612.6 (exceptions for non-LSC funds that are a limited restriction);
- (vi) Prisoner litigation—45 CFR part 1637;
- (vii) Redistricting or census—45 CFR part 1632;
- (viii) Solicitation of clients—45 CFR part 1638;
- (ix) Training on prohibited topics—45 CFR 1612.8; and
- (x) Welfare reform—45 CFR part 1639.
(2) Standard restrictions are the restrictions on:
- (i) Abortion activities (other than abortion litigation subject to an extended restriction)—42 U.S.C. 2996f(b)(8);
- (ii) Criminal proceedings—45 CFR part 1613;
- (iii) Draft registration violations (violations of Military Selective Service Act) or military desertion—42 U.S.C. 2996f(b)(10);
- (iv) Desegregation of schools—42 U.S.C. 2996f(b)(9);
- (v) Fee-generating cases—45 CFR part 1609;
- (vi) Habeas corpus (collaterally attacking criminal convictions)—45 CFR part 1615;
- (vii) Organizing—45 CFR 1612.9;
- (viii) Persistent incitement of litigation and other activities prohibited by rules of professional responsibility for attorneys—Section 42 U.S.C. 2996f(a)(10); and
- (ix) Political activities—the provisions of 45 CFR part 1608 that are stated as restrictions on the use of LSC funds (e.g., the clause of § 1608.4(b) regarding “the use of any Corporation funds”) but not the other provisions of part 1608, which are included in the category for other restrictions (e.g., § 1608.3(a) prohibiting the use of “any political test or qualification”). ).
(3) Limited restrictions are the restrictions on:
- (i) Lobbying permitted with non-LSC funds (upon government request, in public rulemaking, or regarding state or local funding of the recipient)—45 CFR 1612.6;
- (ii) Assisted suicide, euthanasia, and mercy killing—45 CFR part 1643; and
- (iii) Use of appropriated LSC funds to file or pursue a lawsuit against LSC—Section 506 of the Appropriations Restrictions.
(4) Other restrictions are the restrictions on:
- (i) Demonstrations, picketing, boycotts, or strikes—45 CFR 1612.7(a).
- (ii) Political activities—the provisions of 45 CFR part 1608 other than those stated as restrictions on the use of LSC funds (which are standard restrictions) (e.g., § 1608.3(a) prohibiting the use of “any political test or qualification” is an other restriction).
- (iii) Rioting, civil disturbances, or violations of injunctions—45 CFR 1612.7(b).