Legal Services Reauthorization Act of 1992

Summary

Legal Services Reauthorization Act of 1991 - Amends the Legal Services Corporation Act to authorize appropriations for the Legal Services Corporation for FY 1992 through 1996. Revises prohibitions on the use of Corporation funds for lobbying purposes. Requires the Corporation to: (1) arrange for evaluations to determine whether Corporation grant, corporation, or financial assistance recipients are providing comprehensive, economical, and effective legal assistance to eligible clients; and (2) conduct monitoring and investigations into allegations that a recipient has violated applicable requirements. Sets forth provisions concerning investigation procedures. Directs the Board of Directors of the Corporation to provide for the enforcement of requirements with respect to such recipients. Permits the Corporation to suspend, reduce, or terminate financial assistance or deny an application for refunding (after affording the recipient an opportunity to correct the failure) when: (1) there has been a substantial failure to comply with applicable requirements; or (2) evaluations demonstrate that a recipient has consistently failed to provide economical and effective legal assistance. Authorizes the Corporation to deny an application for refunding when the Corporation has identified an applicant for financial assistance that is better able to provide comprehensive, economical, and effective legal assistance for the geographic area served by the recipient. Revises provisions concerning notice to recipients prior to the suspension or termination of assistance or the denial of a refunding application. Prohibits the annual level of assistance from being reduced by more than five percent or $20,000, whichever is less, unless the recipient has been afforded notice and, at the recipient's request, a timely and fair hearing. Sets forth Corporation monitoring requirements. Requires the Corporation to develop criteria for evaluating the capability and performance of recipients. Places restrictions on the bringing of a class action suit by a recipient against the Federal Government or any State or local government. Requires recipients to adopt policies to attempt to negotiate settlements and to use alternative dispute resolution mechanisms, where appropriate, before filing suit. Prohibits the use of Corporation funds to alter, revise, or reapportion a congressional or State legislative district. Places restrictions on the use of Corporation funds for legal assistance for aliens. Revises requirements for governing bodies of grant or contract recipients to require a recipient's governing body to be comprised of (in the majority) attorneys who are appointed by State, county, or local bar associations the memberships of which represent a majority of the attorneys practicing law in the locality in which the recipient is to provide legal assistance. Sets forth requirements for governing bodies. Prohibits recipients from soliciting professional employment from a prospective client if: (1) the client has made known to the recipient a desire not to be solicited; (2) the solicitation involves coercion, duress, or harassment; or (3) the solicitation is made to urge the client to initiate litigation without a proper factual basis for the complaint. Prohibits the use of Corporation funds for initiating the defense of a person in a proceeding to evict such person from a public housing project if the person has been convicted of the illegal sale or distribution of a controlled substance and the proceeding has been brought by a public housing project agency because such person threatens the health or safety of other tenants or employees of such agency. Prohibits recipients from engaging in precomplaint settlement negotiations, filing a complaint, or pursuing litigation against a defendant unless a written retainer agreement which enumerates the facts on which the claim is based has been signed by the plaintiffs. Requires the Corporation to study the feasibility of a system of competition in the awarding of grants or contracts for legal assistance. Repeals prohibitions on the use of Corporation funds for providing legal assistance for proceedings concerning the desegregation of schools, violations of the Military Selective Service Act, or desertion from the armed forces. Revises recordkeeping requirements for recipients. Prohibits the use of alternative corporations to evade the provisions of this Act. Defines an "alternative corporation" as a group which has a single identity of interest with a recipient. Revises provisions concerning harassment and abuse of the legal process to authorize (currently, require) any court to award reasonable costs and attorneys' fees to a defendant if the Corporation commenced an action for purposes of harassment or retaliation or maliciously abused the legal process, or its actions were frivolous, unreasonable, or without foundation. Authorizes the Corporation to recover such costs from the recipient against whom the award was made by offsetting the amount against future grant awards. Prohibits the Corporation from deducting more than five percent annually from a grant for such purposes. Requires grants and contracts made for 1992 through 1996 to be made for at least 12 months.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 24 April 1991

   Introduced

   Referred to the House Committee on Judiciary.

   Source: IntroReferral

2. 24 April 1991

   Introduced

   Introduced in House

   Source: IntroReferral

3. 24 April 1991

   Introduced

   Introduced in House

   Source: IntroReferral

4. 25 April 1991

   Referred

   Referred to the Subcommittee on Administrative Law and Governmental Relations.

   Source: Committee

5. 25 April 1991

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

6. 25 April 1991

   Committee

   Forwarded by Subcommittee to Full Committee (Amended).

   Source: Committee

7. 25 June 1991

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

8. 16 July 1991

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 16 July 1991

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

10. 31 March 1992

    Calendars

    Placed on the Union Calendar, Calendar No. 282.

    Source: Calendars

11. 31 March 1992

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 102-476.

    Source: Committee

12. 31 March 1992

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 102-476.

    Source: Committee

13. 1 April 1992

    Reported

    Rules Committee Resolution H. Res. 413 Reported to House. Rule provides for consideration of H.R. 2039 with 1 hour of general debate. All points of order against consideration of the bill for failure to comply with the provisions of clause 2(l)(6) of rule XI are waived. At the conclusion of debate, no further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

    Source: Floor

14. 2 April 1992

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 2039 as unfinished business.

    Source: Floor

15. 2 April 1992

    Floor

    Rule provides for consideration of H.R. 2039 with 1 hour of general debate. All points of order against consideration of the bill for failure to comply with the provisions of clause 2(l)(6) of rule XI are waived. At the conclusion of debate, no further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

    Source: Floor

16. 2 April 1992

    Floor

    The Speaker designated the Honorable Gary A. Condit to act as Chairman of the Committee.

    Source: Floor

17. 2 April 1992

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 413 and Rule XXIII.

    Source: Floor

18. 2 April 1992

    Floor

    Considered under the provisions of rule H. Res. 413.

    Source: Floor

19. 2 April 1992

    Passed

    Rule H. Res. 413 passed House.

    Source: Floor

20. 5 May 1992

    Reported

    Rules Committee Resolution H. Res. 444 Reported to House. Rule provides for consideration of H.R. 2039. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. An additional period of general debate for a period not to exceed 30 minutes shall be in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill as an original bill for the purpose of amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order. Only the amendments contained in the report of the Committee on Rules accompanying this resolution are in order. It shall be in order for the chairman of the Committee on the Judiciary to offer amendments en bloc consisting of amendments, and modifications in the text of any amendment which are germane thereto, printed in the report of the Committee on Ru...

    Source: Floor

21. 6 May 1992

    Passed

    Rule H. Res. 444 passed House.

    Source: Floor

22. 6 May 1992

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 2039 as unfinished business.

    Source: Floor

23. 6 May 1992

    Floor

    Considered as unfinished business.

    Source: Floor

24. 6 May 1992

    Floor

    Rule provides for consideration of H.R. 2039. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. An additional period of general debate for a period not to exceed 30 minutes shall be in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill as an original bill for the purpose of amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order. Only the amendments contained in the report of the Committee on Rules accompanying this resolution are in order. It shall be in order for the chairman of the Committee on the Judiciary to offer amendments en bloc consisting of amendments, and modifications in the text of any amendment which are germane thereto, printed in the report of the Committee on Ru...

    Source: Floor

25. 6 May 1992

    Floor

    The Speaker designated the Honorable Kweisi Mfume to act as Chairman of the Committee.

    Source: Floor

26. 6 May 1992

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 444 and Rule XXIII.

    Source: Floor

27. 12 May 1992

    Floor

    DEBATE - Pursuant to the provisions of H. Res. 444, the Committee of the Whole proceeded with forty minutes of debate on the Gekas en bloc amendment.

    Source: Floor

28. 12 May 1992

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

29. 12 May 1992

    Vote

    On passage Passed by recorded vote: 253 - 154 (Roll no. 118).

    Source: Floor

30. 12 May 1992

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 253 - 154 (Roll no. 118).

    Source: Floor

31. 12 May 1992

    Vote

    On motion to recommit with instructions Failed by the Yeas and Nays: 173 - 236 (Roll no. 117).

    Source: Floor

32. 12 May 1992

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

33. 12 May 1992

    Floor

    Mr. McCollum moved to recommit with instructions to Judiciary.

    Source: Floor

34. 12 May 1992

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

35. 12 May 1992

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2039.

    Source: Floor

36. 12 May 1992

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

37. 12 May 1992

    Floor

    Considered as unfinished business.

    Source: Floor

38. 19 May 1992

    Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

39. 16 June 1992

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 484.

    Source: Calendars

Votes

No vote records are attached yet.

Versions

• Engrossed in House · — · Download file
• Introduced in House · — · Download file
• Placed on Calendar Senate · — · Download file
• Received in Senate · — · Download file
• Reported in House · — · Download file

Documents

8 official files

• Reported in House (text)

  Reported in House · EN

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• Received in Senate (text)

  Received in Senate · EN

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• Placed on Calendar Senate (text)

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• Introduced in House (text)

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• Engrossed in House (text)

  Engrossed in House · EN

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• Passed House amended

  summary · EN · 12 May 1992

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• Reported to House with amendment(s)

  summary · EN · 31 March 1992

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• Introduced in House

  summary · EN · 24 April 1991

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Sponsors

• Rep. Frank, Barney [D-MA-4] · D · Sponsor
• · hsju00 · Standing

Related records

• related to → Providing for the consideration of the bill (H.R. 2039) to authorize appropriations for the Legal Services Corporation, and for other purposes.
• related to → Providing for consideration of the bill (H.R. 2039) to authorize appropriations for the Legal Services Corporation, and for other purposes.
• related to ← Legal Services Reauthorization Act of 1992
• amends ← Amendment allows LSC outreach activities to be sponsored by church groups.
• amends ← Amendments sought to prohibit the LSC from using non-Federal funds for activities that are currently prohibited for Federal funds, and would extend the prohibition to cover all public, non-LSC funds.
• amends ← Amendments originally sought to require Legal Services attorneys to disclose the names of plaintiffs to defendants, unless a federal court allows the plaintiffs' names to remain confidential. \ As amended by the Frank substitute amendment (A006), the above was replaced with language which requires that all plaintiffs in an action be identified unless otherwise authorized by a court of competent jurisdiction.
• amends ← Amendment prohibits Legal Services agencies from using any funds authorized in the bill to participate in any redistricting activities.
• amends ← Amendment modifies the section which would have provided Legal Services benefits to all aliens who are permanently residing in the U.S. under color of law, and specifies that aliens providing a record of permanent residence, and aliens who are considered as eligible immigrants will qualify as aliens under color of law.
• amends ← Amendments sought to prohibit local Legal Services agencies from collecting attorneys fees from nongovernmental defendants.
• amends ← Amendment originally sought to provide that no funds made available to Legal Services entities can be used for lobbying activities at the Federal, State or local level. \ As amended by the Frank substitute amendment (A008), the above was replaced with language that provides that no public funds received by Legal Service entities can be used to engage in publicity or propaganda as restricted by law.

Showing 10 of 16 related records.