I 

111TH CONGRESS 

1ST SESSION H. R. 3764 

To amend the Legal Services Corporation Act to meet special needs of 

eligible clients, provide for technology grants, improve corporate practices 

of the Legal Services Corporation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2009 

Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Mr. COHEN, Mr. WATT, 

Mr. DELAHUNT, Ms. LINDA T. SA ́NCHEZ of California, and Mr. JOHNSON of Georgia) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Legal Services Corporation Act to meet special 

needs of eligible clients, provide for technology grants, 

improve corporate practices of the Legal Services Corporation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Access to Justice 

5 Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) It is crucial to provide equal access to the 

2 system of justice in the United States for all individ3 uals, regardless of economic status. 

4 (2) The Legal Services Corporation provides 

5 high quality civil legal assistance for persons who 

6 would otherwise be unable to afford legal assistance, 

7 and there is a need to continue the present vital 

8 legal services program. 

9 (3) The amount of Federal resources made 

10 available to the Legal Services Corporation has been 

11 inadequate to provide individuals with the legal as12 sistance that they need. Over half of all people who 

13 have applied for assistance from local programs 

14 funded through the Legal Services Corporation have 

15 been turned away in recent years. In many States, 

16 over 80 percent of individuals who need legal assist17 ance do not receive the help they need. 

18 (4) Congress must adequately fund Legal Serv19 ices Corporation programs to preserve the strength 

20 of the programs. 

21 (5) Providing legal assistance to those who face 

22 an economic barrier to adequate legal counsel serves 

23 justice and assists in improving opportunities for 

24 low-income persons. 


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1 (6) The availability of legal services has re2 affirmed the faith of many people of the United 

3 States in a government of laws. 

4 (7) To preserve its strength, the legal services 

5 program must be kept free from the influence of po6 litical pressures. 

7 (8) Attorneys providing legal assistance must 

8 have full freedom to protect the best interests of 

9 their clients in keeping with the applicable rules of 

10 professional responsibility and the high standards of 

11 the legal profession. 

12 SEC. 3. AMENDMENTS TO STATEMENT OF FINDINGS AND 

13 DECLARATION OF PURPOSE. 

14 Section 1001 of the Legal Services Corporation Act 

15 (42 U.S.C. 2996) is amended— 

16 (1) by striking ‘‘1001.’’ and inserting 

17 ‘‘1001.(a)’’; 

18 (2) in paragraph (3), by striking ‘‘Act’’ and in19 serting ‘‘title’’; 

20 (3) in paragraph (6), by striking ‘‘Code of Pro21 fessional Responsibility, the Canons of Ethics,’’ and 

22 inserting ‘‘applicable rules of professional responsi23 bility’’; and 

24 (4) by inserting at the end the following: 

25 ‘‘(b) Congress finds the following: 


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1 ‘‘(1) Participation of private lawyers in pro2 viding legal assistance to those unable to afford such 

3 assistance significantly enhances the overall system 

4 for providing legal services to the poor, and the 

5 Legal Services Corporation should continue to pro6 mote and support pro bono services and other forms 

7 of private bar involvement through its policies and 

8 regulations.’’. 

9 ‘‘(2) The highest court of each State should en10 courage pro bono service by lawyers by adopting as11 pirational guidelines, such as the American Bar As12 sociation Model Rule of Professional Conduct 6.1, 

13 ‘Voluntary Pro Bono Publico Services’, and by 

14 adopting mandatory reporting of voluntary pro bono 

15 service.’’. 

16 SEC. 4. DEFINITIONS. 

17 Section 1002 of the Legal Services Corporation Act 

18 (42 U.S.C. 2996a) is amended— 

19 (1) by striking paragraph (7) and inserting the 

20 following: 

21 ‘‘(7) ‘staff attorney’ means an attorney who— 

22 ‘‘(A) is employed by a recipient organized 

23 in whole or in part for the provision of legal as24 sistance to eligible clients under this title; or 


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1 ‘‘(B) receives more than one-half of the at2 torney’s annual professional salary from the 

3 proceeds of a grant, contract, or other financial 

4 assistance from the Corporation to such recipi5 ent;’’; 

6 (2) in paragraph (8), by striking ‘‘the Trust 

7 Territory of the Pacific Islands, and any other terri8 tory or possession of the United States’’ and insert9 ing ‘‘the Commonwealth of the Northern Mariana 

10 Islands, the Republic of the Marshall Islands, the 

11 Federated States of Micronesia, and the Republic of 

12 Palau;’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(9) ‘individual in poverty’ means an individual 

15 who is a member of a family (of 1 or more mem16 bers) with an income at or below the poverty line; 

17 and 

18 ‘‘(10) ‘poverty line’ means the poverty line (as 

19 defined by the Office of Management and Budget, 

20 and revised annually in accordance with section 

21 673(2) of the Community Services Block Grant Act 

22 (42 U.S.C. 9902(2)), applicable to a family of the 

23 size involved.’’. 


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1 SEC. 5. GOVERNING BODY. 

2 Section 1004 of the Legal Services Corporation Act 

3 (42 U.S.C. 2996c) is amended— 

4 (1) in subsection (a), in the third sentence— 

5 (A) by striking ‘‘Effective with respect to 

6 appointments made after the date of enactment 

7 of the Legal Services Corporation Act Amend8 ments of 1977 but not later than July 31, 

9 1978, the’’ and inserting ‘‘The’’; 

10 (B) by striking ‘‘and’’ after ‘‘shall be ap11 pointed so as to include eligible clients,’’; and 

12 (C) by inserting ‘‘, and to include at least 

13 1 individual with financial or audit experience’’ 

14 before the period; and 

15 (2) in subsection (b)— 

16 (A) by striking ‘‘, except that five of the 

17 members first appointed, as designated by the 

18 President at the time of appointment, shall 

19 serve for a term of two years’’; and 

20 (B) by striking the third and fourth sen21 tences; 

22 (3) in subsection (d), by striking ‘‘President 

23 shall select from among the voting members of the 

24 board a chairman, who shall serve for a term of 

25 three years. Thereafter the’’; 

26 (4) by striking subsection (f); 


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1 (5) by redesignating subsections (g) and (h) as 

2 (f) and (g), respectively; and 

3 (6) in subsection (f), as redesignated by this 

4 section, by striking ‘‘, of any executive committee of 

5 the Board, and of any advisory council established in 

6 connection with this title’’ and inserting ‘‘or of any 

7 committee of the Board’’. 

8 SEC. 6. OFFICERS AND EMPLOYEES. 

9 (a) ELIMINATION OF PERSONAL PRONOUN.—Section 

10 1005(b)(1) of the Legal Services Corporation Act (42 

11 U.S.C. 2996d(b)(1)) is amended by striking ‘‘as he’’ and 

12 inserting ‘‘as the president of the Corporation’’. 

13 (b) MAXIMUM PAY.—Section 1005(d) of the Legal 

14 Services Corporation Act (42 U.S.C. 2996d(d)) is amend15 ed— 

16 (1) by striking ‘‘level V’’ and inserting ‘‘level 

17 III’’; and 

18 (2) by striking ‘‘5316’’ and inserting ‘‘5314’’. 

19 SEC. 7. IMPROVEMENTS OF LEGAL SERVICES CORPORA20 TION CORPORATE GOVERNANCE AND INTER21 NAL PRACTICES. 

22 Section 1006 of the Legal Services Corporation Act 

23 (42 U.S.C. 2996e) is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (2), by inserting ‘‘, sub2 ject to subsection (g)’’ before the semicolon; 

3 and 

4 (B) in paragraph (3)(A), by striking ‘‘ex5 cept that broad general legal or policy research 

6 unrelated to representation of eligible clients 

7 may not be undertaken by grant or contract,’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (3), by striking ‘‘as es10 tablished in the Canons of Ethics and the Code 

11 of Professional Responsibility of the American 

12 Bar Association’’ and inserting ‘‘as established 

13 in the applicable rules of professional responsi14 bility or other laws of the State or other juris15 diction where the attorney practices law’’; and 

16 (B) in paragraph (5), by striking the last 

17 sentence; and 

18 (3) by adding at the end the following: 

19 ‘‘(g)(1) The Corporation shall establish a protocol for 

20 the receipt of donations under subsection (a)(2). 

21 ‘‘(2) In order for the Corporation to use any Federal 

22 funds for representational activities of the Corporation, 

23 not including non-representational activities that primarily 

24 involve Corporation staff, the appropriations Act through 

25 which the funds are made available shall specifically perVerDate Nov 24 2008 00:40 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3764.IH H3764

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1 mit the use of the funds for such activities. Any solicita2 tion of a donation of funds for expenses for which Federal 

3 funds may not be used under this title shall be approved 

4 in advance by the Board. In addition, a budget for the 

5 use of such donated funds shall be approved by the Board, 

6 before the Corporation incurs such an expense. 

7 ‘‘(3) The Corporation may not advance Federal 

8 funds, in anticipation of receiving a donation under sub9 section (a)(2), to pay for an expense. 

10 ‘‘(h)(1) The Board shall establish and maintain an 

11 audit committee, a finance committee, and a governance 

12 and performance review committee. 

13 ‘‘(2) The Corporation shall establish and implement 

14 a continuity of operations plan, to prepare for disasters 

15 and emergencies. 

16 ‘‘(3) The Corporation shall— 

17 ‘‘(A) establish an adequate internal control 

18 structure and procedures for financial reporting; and 

19 ‘‘(B) not later than 1 year after the date of en20 actment of the Civil Access to Justice Act of 2009, 

21 and annually thereafter, conduct an assessment of 

22 the effectiveness of the internal control structure 

23 and procedures. 

24 ‘‘(i)(1) The Corporation shall adopt comprehensive 

25 training standards and develop appropriate training mateVerDate Nov 24 2008 00:40 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3764.IH H3764

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1 rials to ensure that recipients are able to provide com2 prehensive and appropriate training for executive direc3 tors, supervisors, and attorneys employed by recipients 

4 and board members of recipients. Such training standards 

5 and materials shall address training concerning— 

6 ‘‘(A) restrictions applicable to the activities of 

7 attorneys employed by the recipient involved; and 

8 ‘‘(B) appropriate use of Federal funds. 

9 ‘‘(2) In developing training standards and materials 

10 for the training described in paragraph (1), the Corpora11 tion— 

12 ‘‘(A) is encouraged to address training con13 cerning the representation of victims of domestic vio14 lence; and 

15 ‘‘(B) may coordinate activities with the Amer16 ican Bar Association Commission on Domestic Vio17 lence. 

18 ‘‘(3) The Corporation shall provide financial assist19 ance, in such amounts as the Corporation may determine 

20 to be appropriate, to recipients, to enable the recipients 

21 to provide the training described in paragraph (1).’’. 

22 SEC. 8. PILOT LOAN REPAYMENT ASSISTANCE PROGRAM. 

23 Section 1006 of the Legal Services Corporation Act, 

24 as amended by section 7, is further amended by adding 

25 at the end the following: 


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1 ‘‘(j)(1) The Corporation shall promote recruitment 

2 and retention of highly qualified staff members for all re3 cipients, through the Pilot Loan Repayment Assistance 

4 Program established by the Corporation in 2005 or other 

5 programs, as the Corporation determines to be appro6 priate. 

7 ‘‘(2) If funds are appropriated for any such staff re8 cruitment and retention program for each of the 5 full 

9 fiscal years following the date of enactment of the Civil 

10 Access to Justice Act of 2009, in the fifth year, the Cor11 poration shall submit to Congress a report on the impact 

12 of such program on the recruitment and retention of high13 ly qualified staff for recipients. 

14 ‘‘(3) Nothing in paragraph (2) prevents the Corpora15 tion from continuing such recruitment and retention pro16 grams for longer than 5 years, if such program is effective 

17 in the recruitment and retention of highly qualified staff 

18 and funds are appropriated for such program.’’. 

19 SEC. 9. PROHIBITED USE OF FUNDS. 

20 Section 1006 of the Legal Services Corporation Act, 

21 as amended by section 8, is further amended by adding 

22 at the end the following: 

23 ‘‘(k)(1)(A) No prohibited purposes provision shall be 

24 considered to cover recipient funds from any source other 

25 than the Corporation, except as provided in paragraph (3). 


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1 ‘‘(B) No prohibited purposes provision shall be con2 sidered to cover Federal funds awarded under this title, 

3 except as provided in this title. 

4 ‘‘(2)(A) In this subsection, the term ‘prohibited pur5 poses provision’ means a provision of this title, or any 

6 other Federal law, that contains text stating that funds 

7 of a recipient may not be expended for a purpose prohib8 ited by this title or another Federal law. 

9 ‘‘(B) The term includes any Federal law that incor10 porates by reference a provision that contains text de11 scribed in subparagraph (A) and is a provision of— 

12 ‘‘(i) the Departments of Commerce, Justice, 

13 and State, the Judiciary, and Related Agencies Ap14 propriations Act, 1998; 

15 ‘‘(ii) the Departments of Commerce, Justice, 

16 and State, the Judiciary, and Related Agencies Ap17 propriations Act, 1996; or 

18 ‘‘(iii) another Federal law. 

19 ‘‘(3) No non-Federal funds may be used by a recipi20 ent to participate in any litigation with respect to abor21 tion.’’. 

22 SEC. 10. CONSTRUCTION. 

23 Section 1006 of the Legal Services Corporation Act, 

24 as amended by section 9, is further amended by adding 

25 at the end the following: 


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1 ‘‘(l) No provision of law, other than an amendment 

2 to this title, shall be considered to supersede or modify 

3 this title unless the provision refers specifically to this sub4 section.’’. 

5 SEC. 11. GRANTS AND CONTRACTS. 

6 Section 1007 of the Legal Services Corporation Act 

7 (42 U.S.C. 2996f) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘and with the Governors of the several 

12 States’’; 

13 (ii) in subparagraph (B)— 

14 (I) in clause (i), by striking ‘‘liq15 uid’’; and 

16 (II) in clause (iv), by striking ‘‘, 

17 which may include evidence of a prior 

18 determination that such individual’s 

19 lack of income results from refusal or 

20 unwillingness, without good cause, to 

21 seek or accept an employment situa22 tion; and’’ and inserting a semicolon; 

23 (B) by striking paragraphs (8) and (9); 

24 (C) by redesignating paragraphs (10) and 

25 (11) as (9) and (10), respectively; 


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1 (D) by inserting after paragraph (7) the 

2 following: 

3 ‘‘(8) ensure that funds appropriated under this 

4 title for basic field programs shall be distributed on 

5 the basis of a system of competitive bidding, in ac6 cordance with Legal Services Corporation regula7 tions, and shall be allocated so as to provide— 

8 ‘‘(A) except as provided in subparagraphs 

9 (B) and (C), an equal figure per individual in 

10 poverty for all geographic areas, as determined 

11 on the basis of the most recent decennial census 

12 of population conducted pursuant to section 

13 141 of title 13, United States Code (or, in the 

14 case of the Republic of Palau, the Federated 

15 States of Micronesia, the Republic of the Mar16 shall Islands, the Commonwealth of the North17 ern Mariana Islands, Alaska, Hawaii, and the 

18 United States Virgin Islands, on the basis of 

19 the adjusted population counts historically used 

20 as the basis for such determinations); 

21 ‘‘(B) an additional amount for Native 

22 American communities that received assistance 

23 under the Legal Services Corporation Act for 

24 fiscal year 2009, so that the proportion of the 

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1 poration for basic field programs for fiscal year 

2 2010 that is received by the Native American 

3 communities shall be not less than the propor4 tion of such funds appropriated for fiscal year 

5 2009 that was received by the Native American 

6 communities; and 

7 ‘‘(C) an amount for representation of mi8 grant and seasonal farm workers.’’; and 

9 (E) in paragraph (9), as redesignated by 

10 this subsection, by striking ‘‘the Canons of Eth11 ics and Code of Professional Responsibility of 

12 the American Bar Association’’ and inserting 

13 ‘‘applicable rules of professional responsibility’’; 

14 (2) in subsection (b)— 

15 (A) by striking paragraph (8) and insert16 ing the following: 

17 ‘‘(8) to participate in any litigation with respect 

18 to abortion;’’; 

19 (B) in paragraph (10), by striking ‘‘or’’ 

20 after the semicolon; 

21 (C) in paragraph (11), by striking the pe22 riod at the end and inserting a semicolon; and 

23 (D) by adding at the end the following: 

24 ‘‘(12) to provide legal assistance with respect to 

25 litigation relating to prison conditions on behalf of 


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1 any individual who is incarcerated in a Federal, 

2 State, or local prison, except that nothing in this 

3 paragraph prohibits the use of funds made available 

4 by the Corporation for litigation related to an incar5 cerated individual’s ability to reenter society success6 fully; 

7 ‘‘(13) to provide legal assistance with respect to 

8 the defense of an individual in a proceeding to evict 

9 such individual from a public housing project if— 

10 ‘‘(A) the individual has been convicted in a 

11 criminal proceeding with the illegal sale or dis12 tribution of a controlled substance; and 

13 ‘‘(B) the eviction proceeding is brought by 

14 a public housing agency because the illegal drug 

15 activity of the individual threatens the health 

16 and safety of another tenant residing in the 

17 public housing project or an employee of the 

18 public housing agency; or 

19 ‘‘(14) to provide legal assistance for, or on be20 half of an alien, unless the alien— 

21 ‘‘(A) is present in the United States and 

22 the alien— 

23 ‘‘(i) is described in subparagraph (A), 

24 (B), (C), (D), (E), or (F) of section 

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1 merce, Justice, and State, the Judiciary, 

2 and Related Agencies Appropriations Act, 

3 1996, as enacted by section 101 of the 

4 Omnibus Consolidated Rescissions and Ap5 propriations Act of 1996 (Public Law 104– 

6 134; 110 Stat. 1321–54); 

7 ‘‘(ii) is lawfully present as a result of 

8 withholding of deportation pursuant to 

9 former section 243(h) of the Immigration 

10 and Nationality Act, withholding or restric11 tion of removal pursuant to section 

12 241(b)(3) of the Immigration and Nation13 ality Act (8 U.S.C. 1231(b)(3)), or with14 holding of removal under the Convention 

15 Against Torture pursuant to the regulation 

16 of the Secretary of Homeland Security 

17 codified on the date of the enactment of 

18 the Civil Access to Justice Act of 2009 at 

19 8 C.F.R. 208.16(c) and the regulation of 

20 the Attorney General codified on such date 

21 at 8 C.F.R. 1208.16(c); 

22 ‘‘(iii)(I) has been battered or sub23 jected to extreme cruelty or was a victim 

24 of sexual assault or trafficking in the 

25 United States; or 


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1 ‘‘(II) qualifies for nonimmigrant sta2 tus described in section 101(a)(15)(U) of 

3 the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(15)(U)); 

5 ‘‘(iv) has a child present in the United 

6 States who, without the active participa7 tion of the alien— 

8 ‘‘(I) has been battered or sub9 jected to extreme cruelty or was a vic10 tim of sexual assault or trafficking in 

11 the United States; or 

12 ‘‘(II) qualifies for nonimmigrant 

13 status described in section 

14 101(a)(15)(U) of the Immigration and 

15 Nationality Act; 

16 ‘‘(v) has been a victim of trafficking 

17 or is a family member of such a victim and 

18 is eligible for protection and assistance 

19 under section 107 of the Trafficking Vic20 tims Protection Act of 2000 (22 U.S.C. 

21 7105); 

22 ‘‘(vi) is an evacuee from, or victim of, 

23 a major disaster or an emergency des24 ignated by the President pursuant to the 

25 Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 

2 5121 et seq.) or by an appropriate State or 

3 local official, and the alien’s need for legal 

4 assistance from the Corporation is related 

5 to the alien’s status as such an evacuee or 

6 victim; 

7 ‘‘(vii)(I) has been declared dependent 

8 on a juvenile court located in a State or 

9 has been legally committed to, or placed 

10 under the custody of, an agency or depart11 ment of a State by such a court; and 

12 ‘‘(II) has been deemed eligible by such 

13 a court for long-term foster care due to 

14 abuse, neglect, or abandonment; 

15 ‘‘(viii) is under 18 years of age, is un16 accompanied by a parent or legal guardian, 

17 and is in the custody of the Secretary of 

18 Homeland Security or Health and Human 

19 Services; or 

20 ‘‘(ix) is authorized to work in the 

21 United States or is otherwise lawfully 

22 present in the United States; 

23 ‘‘(B) is a member of a cross-border Indian 

24 Tribe who is— 


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1 ‘‘(i) an American Indian born in Can2 ada referred to in section 289 of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1359); or 

5 ‘‘(ii) a member of the Texas Band of 

6 Kickapoo Indians referred to in the Texas 

7 Band of Kickapoo Act (25 U.S.C. 1300b– 

8 11 et seq.); 

9 ‘‘(C) is— 

10 ‘‘(i) indigent; and 

11 ‘‘(ii) seeking relief under the Conven12 tion on the Civil Aspects of International 

13 Child Abduction, done at The Hague on 

14 October 25, 1980, pursuant to the Inter15 national Child Abduction Remedies Act 

16 (42 U.S.C. 11601 et seq.); or 

17 ‘‘(D) is a citizen of— 

18 ‘‘(i) the Commonwealth of the North19 ern Mariana Islands; 

20 ‘‘(ii) the Federated States of Micro21 nesia; 

22 ‘‘(iii) the Republic of the Marshall Is23 lands; or 

24 ‘‘(iv) the Republic of Palau.’’; 


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1 (3) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) In making grants or entering into contracts for 

4 legal assistance, the Corporation— 

5 ‘‘(1) shall ensure that any recipient organized 

6 solely for the purpose of providing legal assistance to 

7 eligible clients is governed by a body (referred to in 

8 this subsection as a ‘board’) at least 50 percent of 

9 which consists of attorneys who are members of the 

10 bar of a State in which the legal assistance is to be 

11 provided (except that the Corporation may grant, 

12 pursuant to regulations issued by the Corporation, a 

13 waiver of such requirement for recipients which, be14 cause of the population the recipients serve, are un15 able to comply with such requirement); 

16 ‘‘(2) shall ensure that any attorney, while serv17 ing on such board, shall not receive compensation 

18 from a recipient for such service; 

19 ‘‘(3) shall ensure that at least one-third of a re20 cipient’s governing body consists of individuals who 

21 are, when selected, eligible clients who also may be 

22 representatives of associations or organizations of el23 igible clients; and 

24 ‘‘(4) shall ensure that at least 1 board member 

25 is designated as a liaison to the bar association of 


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1 the State described in paragraph (1) for pro bono 

2 promotion and coordination.’’; 

3 (4) in subsection (d), by adding at the end the 

4 following: ‘‘The Corporation shall ensure that the 

5 monitoring and evaluation activities described in this 

6 subsection are carried out in a manner that is con7 sistent with the applicable rules of professional re8 sponsibility for the jurisdiction in which the recipient 

9 is being monitored, and shall take reasonable steps 

10 to avoid imposing undue burden or expense on the 

11 recipient.’’; 

12 (5) by striking subsections (g) and (h); and 

13 (6) by adding at the end the following: 

14 ‘‘(h) The Corporation shall require all attorneys and 

15 paralegals employed by a recipient to maintain records of 

16 time spent on each case or matter supported in whole or 

17 in part with funds provided under this title.’’. 

18 SEC. 12. TECHNOLOGY GRANTS. 

19 Section 1007 of the Legal Services Corporation Act 

20 (42 U.S.C. 2996f), as amended by section 12, is further 

21 amended— 

22 (1) by redesignating subsections (c) through (f) 

23 as subsections (d) through (g), respectively; and 

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) In making a grant or entering into a contract 

2 under this section, the Corporation may provide that a 

3 portion of the funds provided under the grant or contract 

4 may be used to acquire and develop information tech5 nology to promote full access to high-quality, efficient legal 

6 representation and materials for self-representation.’’. 

7 SEC. 13. AUDITS. 

8 Section 1009 of the Legal Services Corporation Act 

9 (42 U.S.C. 2996h) is amended— 

10 (1) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) The Corporation shall require an audit of each 

13 recipient in accordance with generally accepted auditing 

14 standards and shall require that the recipient prepare a 

15 report that includes— 

16 ‘‘(1) the financial statements of the recipient, 

17 including an unbiased presentation of the recipient’s 

18 financial position and the results of the recipient’s 

19 financial operations, in accordance with generally ac20 cepted accounting principles; and 

21 ‘‘(2) a description of internal control systems of 

22 the recipient that provide reasonable assurance that 

23 the recipient is managing funds, from all sources, in 

24 compliance with Federal law.’’; and 


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1 (2) in subsection (d), by striking all that follows 

2 the comma and adding ‘‘the Corporation, the Comp3 troller General of the United States, and the Cor4 poration’s Inspector General shall not have access to 

5 any information in documents, reports, or records 

6 that is confidential under the applicable rules of pro7 fessional responsibility or that is subject to the at8 torney-client privilege.’’. 

9 SEC. 14. FINANCING. 

10 Section 1010 of the Legal Services Corporation Act 

11 (42 U.S.C. 2996i) is amended— 

12 (1) in subsection (a), by striking the first 3 sen13 tences and inserting the following: ‘‘There are au14 thorized to be appropriated for the purpose of car15 rying out the activities of the Corporation 

16 $750,000,000 for each of fiscal years 2010 through 

17 2015.’’; 

18 (2) in subsection (c)— 

19 (A) by striking the semicolon after ‘‘dis20 tinct from Federal funds’’ and inserting a pe21 riod; 

22 (B) by striking ‘‘but any funds so received 

23 for the provision of legal assistance shall not be 

24 expended by recipients for any purpose prohibVerDate Nov 24 2008 00:40 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3764.IH H3764

wwoods2 on DSK1DXX6B1PROD with BILLS
25 

•HR 3764 IH

1 ited by this title, except that this’’ and inserting 

2 ‘‘This’’; 

3 (C) by striking ‘‘or’’ after ‘‘to prevent re4 cipients from receiving other public funds’’ and 

5 inserting ‘‘, private funds,’’; and 

6 (D) by inserting after ‘‘(including founda7 tion funds benefitting Indians or Indian 

8 tribes)’’ the following: ‘‘, or any other funds re9 ceived from a source other than the Corpora10 tion’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(e) For purposes of other programs that have Fed13 eral funds matching requirements, funds received by a re14 cipient from the Corporation shall not be considered to 

15 be Federal funds for the purpose of determining whether 

16 those funds may be used as non-Federal matching funds.’’ 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS