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.

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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)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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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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