I
104TH CONGRESS
1ST SESSION
H. R. 2277
To abolish the Legal Services Corporation and provide the States with money
to fund qualified legal services.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 7, 1995
Mr. GEKAS (for himself, Mr. ARMEY, Mr. HYDE, and Mr. INGLIS) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To abolish the Legal Services Corporation and provide the
States with money to fund qualified legal services.
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 ‘‘Legal Aid Act of
1995’’.
SEC. 2. LEGAL SERVICES CORPORATION
The Legal Services Corporation Act (42 U.S.C.
2996–2996l) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Legal Aid Grant Act’.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) QUALIFIED LEGAL SERVICE PROVIDER.—
‘‘(A) IN
GENERAL.—The term ‘qualified
legal service provider’ means—
‘‘(i) any individual who is licensed to
practice law in a State for not less than 3
calendar years, who has practiced law in
such State not less than 3 calendar years,
and who is so licensed during the period of
a contract under section 4; or
‘‘(ii) a person who employs or con-
tracts with an individual described in
clause (i) to provide qualified legal serv-
ices.
Nothing in this subparagraph shall be inter-
preted to prohibit a qualified legal service pro-
vider from employing an individual who is not
described in clause (i) to assist in providing
qualified legal services.
‘‘(B) NOT QUALIFIED.—No individual shall
be considered, or employed by, a qualified legal
service provider if such individual during the 10
years preceding the submission of a bid for a
contract under section 4—
‘‘(i) has been convicted of a felony;
‘‘(ii) has been suspended or disbarred
from the practice of law for misconduct,
incompetence, or neglect of a client in any
State;
‘‘(iii) has been found in contempt of a
court of competent jurisdiction in any
State or Federal court; or
‘‘(iv) has been sanctioned under Fed-
eral Rule of Civil Procedure 11 or an
equivalent State rule of procedure applica-
ble in civil actions; or
if such individual has a criminal charge pending
on the date of the submission of a bid for a
contract under section 4.
‘‘(C) ADDITIONAL
REQUIREMENTS.—No
State may impose a requirement on an individ-
ual or person as a condition to bidding on a
contract under section 4 or to being awarded
such a contract which requirement is different
from any other requirement of subparagraph
(B).
‘‘(2) QUALIFIED LEGAL SERVICES.—The term
‘qualified legal services’ means—
‘‘(A) mediation, negotiation, arbitration,
counseling, advice, instruction, referral, or rep-
resentation, and
‘‘(B) legal research or drafting in support
of the services described in subparagraph (A),
provided by or under the supervision of a qualified
legal service provider to a qualified client for a quali-
fied cause of action.
‘‘(3) QUALIFIED CLIENT.—The term ‘qualified
client’ means any individual who is a United States
citizen or an alien admitted for permanent residence
who resided for more than 50 percent of the most
recent full month in a household the income of
which from any source, which was received or held
for the benefit of a member of the household, was
equal to or less than the poverty line established
under section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)). The term
‘household’ means a dwelling occupied by at least
one adult.
‘‘(4) QUALIFIED CAUSE OF ACTION.—
‘‘(A) The term ‘qualified cause of action’
means only a civil cause of action which results
only from—
‘‘(i) landlord and tenant disputes, in-
cluding an eviction from housing except an
eviction where the prima facie case for the
eviction is based on criminal conduct;
‘‘(ii) foreclosure of a debt on a quali-
fied client’s residence;
‘‘(iii) the filing of a petition under
chapter 7 or 12 of title 11, United States
Code, or under chapter 13 of such title un-
less a petition of eviction has preceded the
filing of such petition;
‘‘(iv) enforcement of a debt;
‘‘(v) an application for a statutory
benefit;
‘‘(vi) appeal of a denial of a statutory
benefit on a statutory ground;
‘‘(vii) child custody and support;
‘‘(viii) action to quiet title;
‘‘(ix) activities involving spousal or
child abuse on behalf of the abused party;
‘‘(x) an insurance claim;
‘‘(xi) competency hearing; or
‘‘(xii) probate.
‘‘(B) Such term does not include—