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. JOHN-
SON 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 Cor-
poration, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civil Access to Justice 
Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
(1) It is crucial to provide equal access to the 
system of justice in the United States for all individ-
uals, regardless of economic status. 
(2) The Legal Services Corporation provides 
high quality civil legal assistance for persons who 
would otherwise be unable to afford legal assistance, 
and there is a need to continue the present vital 
legal services program. 
(3) The amount of Federal resources made 
available to the Legal Services Corporation has been 
inadequate to provide individuals with the legal as-
sistance that they need. Over half of all people who 
have applied for assistance from local programs 
funded through the Legal Services Corporation have 
been turned away in recent years. In many States, 
over 80 percent of individuals who need legal assist-
ance do not receive the help they need. 
(4) Congress must adequately fund Legal Serv-
ices Corporation programs to preserve the strength 
of the programs. 
(5) Providing legal assistance to those who face 
an economic barrier to adequate legal counsel serves 
justice and assists in improving opportunities for 
low-income persons. 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
(6) The availability of legal services has re-
affirmed the faith of many people of the United 
States in a government of laws. 
(7) To preserve its strength, the legal services 
program must be kept free from the influence of po-
litical pressures. 
(8) Attorneys providing legal assistance must 
have full freedom to protect the best interests of 
their clients in keeping with the applicable rules of 
professional responsibility and the high standards of 
the legal profession. 
SEC. 3. AMENDMENTS TO STATEMENT OF FINDINGS AND 
DECLARATION OF PURPOSE. 
Section 1001 of the Legal Services Corporation Act 
(42 U.S.C. 2996) is amended— 
(1) 
by 
striking 
‘‘1001.’’ 
and 
inserting 
‘‘1001.(a)’’; 
(2) in paragraph (3), by striking ‘‘Act’’ and in-
serting ‘‘title’’; 
(3) in paragraph (6), by striking ‘‘Code of Pro-
fessional Responsibility, the Canons of Ethics,’’ and 
inserting ‘‘applicable rules of professional responsi-
bility’’; and 
(4) by inserting at the end the following: 
‘‘(b) Congress finds the following: 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(1) Participation of private lawyers in pro-
viding legal assistance to those unable to afford such 
assistance significantly enhances the overall system 
for providing legal services to the poor, and the 
Legal Services Corporation should continue to pro-
mote and support pro bono services and other forms 
of private bar involvement through its policies and 
regulations.’’. 
‘‘(2) The highest court of each State should en-
courage pro bono service by lawyers by adopting as-
pirational guidelines, such as the American Bar As-
sociation Model Rule of Professional Conduct 6.1, 
‘Voluntary Pro Bono Publico Services’, and by 
adopting mandatory reporting of voluntary pro bono 
service.’’. 
SEC. 4. DEFINITIONS. 
Section 1002 of the Legal Services Corporation Act 
(42 U.S.C. 2996a) is amended— 
(1) by striking paragraph (7) and inserting the 
following: 
‘‘(7) ‘staff attorney’ means an attorney who— 
‘‘(A) is employed by a recipient organized 
in whole or in part for the provision of legal as-
sistance to eligible clients under this title; or 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
‘‘(B) receives more than one-half of the at-
torney’s annual professional salary from the 
proceeds of a grant, contract, or other financial 
assistance from the Corporation to such recipi-
ent;’’; 
(2) in paragraph (8), by striking ‘‘the Trust 
Territory of the Pacific Islands, and any other terri-
tory or possession of the United States’’ and insert-
ing ‘‘the Commonwealth of the Northern Mariana 
Islands, the Republic of the Marshall Islands, the 
Federated States of Micronesia, and the Republic of 
Palau;’’; and 
(3) by adding at the end the following: 
‘‘(9) ‘individual in poverty’ means an individual 
who is a member of a family (of 1 or more mem-
bers) with an income at or below the poverty line; 
and 
‘‘(10) ‘poverty line’ means the poverty line (as 
defined by the Office of Management and Budget, 
and revised annually in accordance with section 
673(2) of the Community Services Block Grant Act 
(42 U.S.C. 9902(2)), applicable to a family of the 
size involved.’’. 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
SEC. 5. GOVERNING BODY. 
Section 1004 of the Legal Services Corporation Act 
(42 U.S.C. 2996c) is amended— 
(1) in subsection (a), in the third sentence— 
(A) by striking ‘‘Effective with respect to 
appointments made after the date of enactment 
of the Legal Services Corporation Act Amend-
ments of 1977 but not later than July 31, 
1978, the’’ and inserting ‘‘The’’; 
(B) by striking ‘‘and’’ after ‘‘shall be ap-
pointed so as to include eligible clients,’’; and 
(C) by inserting ‘‘, and to include at least 
1 individual with financial or audit experience’’ 
before the period; and 
(2) in subsection (b)— 
(A) by striking ‘‘, except that five of the 
members first appointed, as designated by the 
President at the time of appointment, shall 
serve for a term of two years’’; and 
(B) by striking the third and fourth sen-
tences; 
(3) in subsection (d), by striking ‘‘President 
shall select from among the voting members of the 
board a chairman, who shall serve for a term of 
three years. Thereafter the’’; 
(4) by striking subsection (f); 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
(5) by redesignating subsections (g) and (h) as 
(f) and (g), respectively; and 
(6) in subsection (f), as redesignated by this 
section, by striking ‘‘, of any executive committee of 
the Board, and of any advisory council established in 
connection with this title’’ and inserting ‘‘or of any 
committee of the Board’’. 
SEC. 6. OFFICERS AND EMPLOYEES. 
(a) ELIMINATION OF PERSONAL PRONOUN.—Section 
1005(b)(1) of the Legal Services Corporation Act (42 
U.S.C. 2996d(b)(1)) is amended by striking ‘‘as he’’ and 
inserting ‘‘as the president of the Corporation’’. 
(b) MAXIMUM PAY.—Section 1005(d) of the Legal 
Services Corporation Act (42 U.S.C. 2996d(d)) is amend-
ed— 
(1) by striking ‘‘level V’’ and inserting ‘‘level 
III’’; and 
(2) by striking ‘‘5316’’ and inserting ‘‘5314’’. 
SEC. 7. IMPROVEMENTS OF LEGAL SERVICES CORPORA-
TION CORPORATE GOVERNANCE AND INTER-
NAL PRACTICES. 
Section 1006 of the Legal Services Corporation Act 
(42 U.S.C. 2996e) is amended— 
(1) in subsection (a)— 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
(A) in paragraph (2), by inserting ‘‘, sub-
ject to subsection (g)’’ before the semicolon; 
and 
(B) in paragraph (3)(A), by striking ‘‘ex-
cept that broad general legal or policy research 
unrelated to representation of eligible clients 
may not be undertaken by grant or contract,’’; 
(2) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘as es-
tablished in the Canons of Ethics and the Code 
of Professional Responsibility of the American 
Bar Association’’ and inserting ‘‘as established 
in the applicable rules of professional responsi-
bility or other laws of the State or other juris-
diction where the attorney practices law’’; and 
(B) in paragraph (5), by striking the last 
sentence; and 
(3) by adding at the end the following: 
‘‘(g)(1) The Corporation shall establish a protocol for 
the receipt of donations under subsection (a)(2). 
‘‘(2) In order for the Corporation to use any Federal 
funds for representational activities of the Corporation, 
not including non-representational activities that primarily 
involve Corporation staff, the appropriations Act through 
which the funds are made available shall specifically per-
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
mit the use of the funds for such activities. Any solicita-
tion of a donation of funds for expenses for which Federal 
funds may not be used under this title shall be approved 
in advance by the Board. In addition, a budget for the 
use of such donated funds shall be approved by the Board, 
before the Corporation incurs such an expense. 
‘‘(3) The Corporation may not advance Federal 
funds, in anticipation of receiving a donation under sub-
section (a)(2), to pay for an expense. 
‘‘(h)(1) The Board shall establish and maintain an 
audit committee, a finance committee, and a governance 
and performance review committee. 
‘‘(2) The Corporation shall establish and implement 
a continuity of operations plan, to prepare for disasters 
and emergencies. 
‘‘(3) The Corporation shall— 
‘‘(A) establish an adequate internal control 
structure and procedures for financial reporting; and 
‘‘(B) not later than 1 year after the date of en-
actment of the Civil Access to Justice Act of 2009, 
and annually thereafter, conduct an assessment of 
the effectiveness of the internal control structure 
and procedures. 
‘‘(i)(1) The Corporation shall adopt comprehensive 
training standards and develop appropriate training mate-
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS
rials to ensure that recipients are able to provide com-
prehensive and appropriate training for executive direc-
tors, supervisors, and attorneys employed by recipients 
and board members of recipients. Such training standards 
and materials shall address training concerning— 
‘‘(A) restrictions applicable to the activities of 
attorneys employed by the recipient involved; and 
‘‘(B) appropriate use of Federal funds. 
‘‘(2) In developing training standards and materials 
for the training described in paragraph (1), the Corpora-
tion— 
‘‘(A) is encouraged to address training con-
cerning the representation of victims of domestic vio-
lence; and 
‘‘(B) may coordinate activities with the Amer-
ican Bar Association Commission on Domestic Vio-
lence. 
‘‘(3) The Corporation shall provide financial assist-
ance, in such amounts as the Corporation may determine 
to be appropriate, to recipients, to enable the recipients 
to provide the training described in paragraph (1).’’. 
SEC. 8. PILOT LOAN REPAYMENT ASSISTANCE PROGRAM. 
Section 1006 of the Legal Services Corporation Act, 
as amended by section 7, is further amended by adding 
at the end the following: 
VerDate Nov 24 2008 
00:40 Oct 09, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3764.IH
H3764
wwoods2 on DSK1DXX6B1PROD with BILLS