An Act to amend the Legal Services Corporation Act to provide authorization of appropriations for additional fiscal years, and for other purposes.
PL 95-222 (H.R.6666), enacted 12/28/1977

PUBLIC LAW 95-222—DEC. 28, 1977 
91 STAT. 1619 
Public Law 95-222 
95th Congress 
An Act 
Dec. 28, 1977 
[H.R. 6666] 
Legal Services 
Corporation Act 
Amendments of 
1977. 
42 u s e 2701 
note. 
To amend the Legal Services Corporation Act to provide authorization of appro-
priations for additional 
fiscal 
years, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemdted, 
SECTION 1. This Act may be cited as the "Legal Services Corpora-
tion Act Amendments of 1977". 
DECLARATION OP PURPOSE 
SEC. 2. Section 1001 of the Legal Services Corporation Act (42 
IT.S.C. 2996) is amended by inserting before the semicolon at the end 
of paragraph (3) "and assist in improving opportunities for low-
income persons consistent with the purposes of this Act". 
MEMBERSHIP OF GOVERNING BOARD 
SEC. 3. Section 1004(a) of the Legal Services Corporation Act (42 Appointment. 
U.S.C. 2996c(a)) is amended by inserting at the end thereof the fol-
lowing new sentence: "Effective with respect to appointments made 
after the date of enactment of the Legal Services Corporation Act 
Amendments of 1977 but not later than July 31,1978, the membership 
of the Board shall be appointed so as to include eligible clients, and 
to be generally representative of the organized bar, attorneys provid-
ing legal assistance to eligible clients, and the general public". 
SUNSHINE PROVISION 
SEC. 4. Section 1004(g) of the Legal Services Corporation Act (42 
U.S.C. 2996c (g)) is amended by striking out all that follows "open" 
and inserting in lieu thereof "and shall be subject to the requirements 
and provisions of section 552b of title 5, United States Code (relating 
to open meetings).". 
SUPPORT ASSISTANCE 
SEC. 5. (a) Paragraph (3) of section 1006(a) of the Legal Services 
Corporation Act (42 U.S.C. 2996e(a) (3)) is amended by striking out 
"and not" and inserting in lieu thereof a comma and "or". 
(b) Section 1006(a) (3) (A) of the Legal Services Corporation Act 
(42 U.S.C. 2996e(a)(3)(A)) is amended by inserting at the end 
thereof the following: "except that broad general legal or policy 
research unrelated to representation of eligible clients may not be 
undertaken by grant or contract,". 
(c) Section 1010 of the Legal Services Corporation Act (42 U.S.C. 
29961) is amended by adding at the end thereof the following new 
subsection: 
"(d) Not more than 10 percent of the amounts appropriated pur-
suant to subsection (a) of this section for any fiscal year shall be avail-
able for grants or contracts under section 1006(a)(3) in any such Supra. 
year.". 
91 STAT. 1620 
PUBLIC LAW 95-222—DEC. 28, 1977 
Review 
IvT. 
Appointment 
without 
compensation. 
POWERS, DUTIES, AND LIMITATIONS OF THE CORPORATION AND RECIPIENTS 
SEC. 6. (a) Section 1006(b) (1) of the Legal Services Corporation 
Act (42 U.S.C. 2996e(b)(1)) is amended by inserting "(A)" after 
"SEC. 1006. (b) (1)" and by adding at the end thereof the following 
new subparagraph: 
"(B) No question of whether representation is authorized under 
this title, or the rules, regulations or guidelines promulgated pur-
yt suant to this title, shall be considered in, or affect the final disposi-
tion of, any proceeding in which a person is represented by a 
, 
recipient or an employee of a recipient. A litigant in such a pro-
ceeding may refer any such question to the Corporation which 
shall review and dispose of the question promptly, and take appro-
priate action. This subparagraph shall not preclude judicial review 
available under applicable law.". 
(b) Section 1006(c) (1) of the Legal Services Corporation Act (42 
U.S.C. 2996e(c) (1)) is amended to read as follows: 
- wi 
" (1) participate in litigation unless the Corporation or a recip-
ient of the Corporation is a party, or a recipient is representing an 
eligible client in litigation in which the interpretation of this title 
or a regulation promulgated under this title is an issue, and 
shall not participate on behalf of any client other than itself; 
or". 
(c) Section 1006(d) of the Legal Services Corporation Act (42 
U.S.C. 2996e(d)) is amended by adding at the end thereof the follow-
ing new paragraph: 
"(6) Attorneys employed by a recipient shall be appointed to pro-
vide legal assistance without reasonable compensation only when such 
appointment is made pursuant to a statute, rule, or practice applied 
generally to attorneys practicing in the court where the appointment 
is made. . 
ACTIVITIES OF STAFF ATTORNEYS 
SEC. 7. (a) Paragraph (2) of section 1006(e) of the Legal Services 
Corporation Act (42 U.S.C. 2996e(e)(2)) is amended b
;
y
^ inserting 
"and staff attorneys" after "Corporation", and by inserting before 
the period at the end thereof a comma and the following: "except that 
no staff attorney may be a candidate in a partisan political election". 
(b) Section 1007(a) (6) of the Legal Services Corporation Act (42 
U.S.C. 2996f (a) (6)) is amended by striking out the matter following 
clause (C). 
, 
REIMBURSEMENT FOR SUCCESSFUL DEFENDANTS 
SEC. 8. The fifst sentence of section 1006(f) of the Legal Services 
Corporation Act (42 U.S.C. 2996e(f)) is amended by striking out 
"may" and inserting in lieu thereof "shall". 
. >.C* i " 
ASSISTANCE CRITERIA 
SEC. 9. (a) Paragraph (2) (B) (iv) of section 1007(a) of the Legal 
Services Corporation Act (42 U.S.C. 2996f (a) (2) (B) (iv)) is 
amended to read as follows: 
"(iv) such other factors as relate to financial inability to afford 
legal assistance, which may include evidence of a prior deter-
mination that such individual's lack of income results from 
refusal or unwillingness, without good cause, to seek or accept an 
employment situation; and". 
PUBLIC LAW 95-222—DEC. 28, 1977 
91 STAT. 1621 
(b) (1) Paragraph (2) (C) of section 1007(a) of the Legal Services 
Corporation Act (42 U.S.C. 2996f (a) (2) (C)) is amended to read as 
follows: 
" (C) insure that (i) recipients, consistent with goals established 
by the Corporation, adopt procedures for determining and 
implementing priorities for the provision of such assistance, 
taking into account the relative needs of eligible clients for such 
assistance (including such outreach, training, and support services 
as may be necessary), including particularly the needs for service 
on the part of significant segments of the population of eligible 
clients with special difficulties of access to legal services or special 
legal problems (including elderly and handicapped individuals); 
and (ii) appropriate training and support services are provided in 
order to provide such assistance to such significant segments of 
the population of eligible clients;". 
(2) Section 1008(c) of the Legal Services Corporation Act (42 Annual report, 
U.S.C. 2996g(c)) is amended by adding at the end thereof the fol- contents, 
lowing new sentence: "Such report shall include a description of 
services provided pursuant to section 1007(a) (2) (C) (i) and (ii).". Supra. 
(c) Paragraph (5) of section 1007(a) of the Legal Services Cor-
poration Act (42 U.S.C. 2996f (a) (5)) is amended to read as follows: 
"(5) insure that no funds made available to recipients by the 
Corporation shall be used at any time, directly or indirectly, to 
influence the issuance, amendment, or revocation of any executive 
order or similar promulgation by any Federal, State, or local 
agency, or to undertake to influence the passage or defeat of any 
legislation by the Congress of the United States, or by any State 
or local legislative bodies, or State proposals by initiative peti-
tion, except where— 
"(A) representation by an employee of a recipient for any 
eligible client is necessary to the provision of legal advice 
and representation with respect to such client's legal rights 
and responsibilities (which shall not be construed to permit 
an attorney or a recipient employee to solicit a client, in viola-
tion of professional responsibilities, for the purpose of making 
such representation possible); or 
"(B) a governmental agency, legislative body, a committee, 
or a member thereof—-, 
"(i) requests personnel of the recipient to testify, 
draft, or review measures or to make representations to 
such agency, body, committee, or member, or 
"(ii) is considering a measure directly affecting the 
activities under this title of the recipient or the Cor-
poration.". 
LIMITATIONS ON USE OF FUNDS 
SEC. 10. Section 1007(b) of the Legal Services Corporation Act 
(42 U.S.C. 2996f (b)) is amended to read as follows: 
"(b) No funds made available by the Corporation under this title, 
either by grant or contract, may be used— 
"(1) to provide legal assistance (except in accordance with 
guidelines promulgated by the Corporation) with respect to 
any fee-generating case (which guidelines shall not preclude the 
provision of legal assistance in cases in which a client seeks only 
statutory benefits and appropriate private representation is not 
available); 
91 STAT. 1622 
PUBLIC LAW 95-222—DEC. 28, 1977 
"(2) to provide legal assistance with respect to any criminal 
; proceeding, except to provide assistance to a person charged with 
a misdemeanor or lesser offense or its equivalent in an Indian 
tribal court; 
"(3) to provide legal assistance in civil actions to persons who 
have been convicted of a criminal charge where the civil action 
arises out of alleged acts or failures to act and the action is brought 
against an officer of the court or against a law enforcement official 
for the purpose of challenging the validity of the criminal 
conviction; 
" (4) for any of the political activities prohibited in paragraph 
(6) of subsection (a) of this section; 
"(5) to make grants to or enter into contracts with any private 
law firm which expends 50 percent or more of its resources and 
time litigating issues in the broad interests of a majority of the 
- public; 
"(6) to support or conduct training programs for the purpose 
of advocating particular public policies or encouraging political 
activities, labor or antilabor activities, boycotts, picketing, strikes, 
and demonstrations, as distinguished from the dissemination of 
information about such policies or activities, except that this pro-
vision shall not be construed to prohibit the training of attorneys 
f 
or paralegal personnel necessary to prepare them to provide ade-
quate legal assistance to eligible clients; 
"(7) to initiate the formation, or act as an organizer, of any 
association, federation, or similar entity, except that this para-
graph shall not be construed to prohibit the provision of legal 
assistance to eligible clients; 
"(8) to provide legal assistance with respect to any proceeding 
or litigation which seeks to procure a nontherapeutic abortion or to 
compel any individual or institution to perform an abortion, or 
assist in the performance of an abortion, or provide facilities for 
the performance of an abortion, contrary to the religious beliefs or 
moral convictions of such individual or institution; 
"(9) to provide legal assistance with respect to any proceeding 
or litigation relating to the desegregation of any elementary or 
.. secondary school or school system, except that nothing in this 
paragraph shall prohibit the provision of legal advice to an eli-
gible client with respect to such client's legal rights and respon-
. sibilities; or 
" (10) to provide legal assistance with respect to any proceeding 
j or litigation arising out of a violation of the Military Selective 
50 use app. 
,
^ Service Act or of desertion from the Armed Forces of the 
^^^- 
United States, except that legal assistance may be provided to 
an eligible client in a civil action in which such client alleges that 
he was improperly classified prior to July 1, 1973, under the 
Military Selective Service Act or prior corresponding law.". 
GOVERNING BODIES OF 
RECIPIENTS 
SEC. 11. Section 1007(c) of the Legal Services Corporation Act (42 
U.S.C. 2996f(c)) is amended by striking out "and which includes at 
least one individual eligible to receive legal assistance under this title." 
and inserting in lieu thereof "and at least one-third of which consists 
of persons who are, when selected, eligible clients who may also be 
representatives of associations or organizations of eligible clients.". 
PUBLIC LAW 95-222—DEC. 28, 1977 
91 STAT. 1623 
NOTIFICATION 
SEC. 12. Section 1007(f) of the Legal Services Corporation Act 
(42 U.S.C. 2996f (f)) is amended by striking all that follows "Gover-
nor" and inserting in lieu thereof a comma and: "the State bar asso-
ciation of any State, and the principal local bar associations (if there 
be any) of any community, where legal assistance will thereby be 
initiated, of such grant, contract, or project. Notification shall include 
a reasonable description of the grant application or proposed contract 
or project and request comments and recommendations.". 
ELIGIBLE C L I E N T S ' SPECIAL NEEDS ASSESSMENT STUDY 
SEC. 13. Section 1007 of the Legal Services Corporation Act (42 
U.S.C. 2996f) is amended by adding at the end thereof the following 
new subsection: 
"(h) The Corporation shall conduct a study on whether eligible 
clients who are— 
"(1) veterans, 
" (2) native Americans, 
" (3) migrants or seasonal farm workers, 
" (4) persons with limited English-speaking abilities, and 
" (5) persons in sparsely populated areas where a harsh climate 
and an inadequate transportation system are significant impedi-
ments to receipt of legal services 
have special difficulties of access to legal services or special legal 
problems which are not being met. The Corporation shall report to Report to 
Congress not later than January 1, 1979, on the extent and nature of Congress, 
any such problems and difficulties and shall include in the report and 
implement appropriate recommendations.". 
AUDITS AND RECORDKEEPING 
SEC. 14. Paragraph (2) of section 1009(b) of the Legal Services 
Corporation Act (42 U.S.C. 2996h(b)(2)) is amended by striking 
out the period at the end of the last sentence and inserting in lieu 
thereof "throughout the period beginning on the date such possession 
or custody commences and ending three years after such date, but the 
General Accounting Office may require the retention of such books, 
accounts, financial records, reports, files, papers, or property for a 
longer period under section 117(b) of the Accounting and Auditing 
Act of 1950 (31 U.S.C. 67 (b)).". 
FINANCING 
SEC. 15. (a) Section 1010(a) of the Legal Services Corporation Act Appropriation 
(42 U.S.C. 29961 (a)) is amended by inserting after the first sentence authorization, 
the following new sentence: "There are authorized to be appropriated 
for the purpose of carrying out the activities of the Corporation 
$205,000,000 for the fiscal year 1978, and such sums as may be necessary 
for each of the two succeeding fiscal years.". 
(b) The last sentence of section 1010(a) of the Legal Services Cor-
poration Act (42 U.S.C. 2996i(a)) is amended to read as follows: 
"Appropriations for that purpose shall be made for not more than two 
fiscal years, and shall be paid to the Corporation in annual installments 
at the beginning of each fiscal year in such amounts as may be specified 
in Acts of Congress making appropriations.". 
91 STAT. 1624 
PUBLIC LAW 95-222—DEC. 28, 1977 
HEARING EXAMINERS 
Appointment. 
SEC. 16. Section 1011(2) of the Legal Services Corporation Act 
(42 U.S.C. 2996j(2)) is amended by inserting before the period at 
the end thereof a comma and "and, when requested, such hearing shall 
be conducted by an independent hearing examiner. Such hearing shall 
be held prior to any final decision by the Corporation to terminate 
financial assistance or suspend or deny funding. Hearing examiners 
shall be appointed by the Corporation in accordance with procedures 
established in regulations promulgated by the Corporation". 
42 u s e 2996f 
note. 
42 u s e 2996i 
note. 
42 use 2996 
note. 
f: 
EFFECTIVE DATES 
t 
SEC. 17. (a) (1) The amendment made by section 11 of this Act 
shall be effective six months after the first day of the first calendar 
month following the date of enactment of this Act. 
(2) The amendment made by section 15 of this Act shall be effec-
tive with respect to fiscal years beginning after September 30, 1977. 
(b) The amendments made by provisions of this Act other than 
sections 11 and 15 shall be effective on the date of enactment of this 
Act. 
Approved December 28, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-310 (eomm. on the Judiciary) and 95-825 (Comm. of 
eonference). 
SENATE REPORT No. 95-172 accompanying S. 1303 (Comm. on Human Resources). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
June 9, 27, considered and passed House. 
Oct. 12, considered and passed Senate, amended, in lieu of S 1303. 
Dec. 7, House agreed to conference report. 
Dec. 15, Senate agreed to conference report.