Legal Services Corporation Act Amendments of 1981

(Measure passed House, amended, roll call #91 (245-137))

Legal Services Corporation Act Amendments of 1981 - Amends the Legal Services Corporation Act to increase the State advisory councils from nine to ten members. Requires that each council include two eligible clients and two members of the general public from the State. Directs the Legal Services Corporation (LSC) to notify the appropriate advisory council of the initiation of any project, including any grant or contract, at least 60 days prior to its approval.

Limits the authority of the Corporation to make grants and contracts. Requires the majority of the board of directors of nonprofit organizations receiving assistance to be attorneys admitted to practice in the State who are appointed to such position by the governing bodies of bar associations the membership of which represents a majority of the attorneys practicing law in the locality.

Directs the Board of Directors of the LSC to issue enforcement regulations which include provisions for the immediate suspension of financial assistance.

Stipulates that an entity shall receive, pending a refunding application, interim funding which is sufficient to allow continuation of existing representation (instead of funding which is necessary to maintain current levels of activities).

Applies the current prohibition, with criminal penalties, against lobbying with appropriated funds to all LSC officers and employees.

Includes additional restrictions against use of Corporation funds for lobbying purposes. Deletes the current exception permitting use of funds for such purposes when a government body is considering a measure directly affecting the activities of the Corporation or a recipient.

Prohibits class action suits against the Federal, State, or local governments.

Makes the Corporation liable for reasonable attorneys' fees and costs in any case in which the court finds that the action had no reasonable basis in law or fact.

Requires legal services attorneys to attempt to negotiate a settlement before filing suit, except where the local program director determines that immediate action is required to protect the interests of a client.

Directs the Corporation to make available substantial amounts of funds for provision of legal assistance by private attorneys.

Requires the Corporation to insure that any recipient receiving an award of attorneys' fees transfers such fees to the Corporation.

Requires the Corporation to allocate basic field grants to insure equal access to legal assistance throughout the country, unless minimum access is available nationwide.

Directs the LSC to insure that at least one recipient in each State provide legal assistance to eligible clients through a private bar component with open participation rights by members of the bar.

Revises an existing restriction on political activities to stipulate that no funding may be used to disseminate information about political activities, including labor activities, picketing, and demonstrations.

Revises the current restriction on legal assistance with respect to abortion to prohibit any such assistance unless abortion is necessary to save the life of the mother (current law prohibits assistance for procuring a "nontherapeutic" abortion).

Prohibits the use of funds to: (1) provide legal assistance to promote, defend, or protect homosexuality; or (2) enforce proposed regulations (46 F.R. 18055) as they relate to homosexuality.

Eliminates, with respect to the current prohibition against legal assistance relating to school desegregation, the exception permitting the provision of legal advice with respect to a client's rights and responsibilities.

Delineates the eligibility of aliens to receive legal assistance.

Requires each recipient to maintain documentation: (1) demonstrating the eligibility of each person to whom legal assistance is provided; and (2) of any activity involving an enumerated duty of the Corporation or funding restriction. Directs the Corporation to review such documentation to assure compliance.

Authorizes the LSC to seek injunctive relief in Federal district court to compel compliance by a recipient with an agreement or any other regulation.

Authorizes the General Accounting Office to audit, settle, and adjust the accounts of the LSC.

Directs the LSC to insure that representation of any person, group, or entity is limited to those who are financially eligible.

Authorizes appropriations for the Corporation in the amount of $241,000,000 for FY 1982 and $241,000,000 for FY 1983.