Legal Services Corporation Act Amendments of 1983

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 98-201)

Legal Services Corporation Act Amendments of 1983 - Amends the Legal Services Corporation Act to increase from nine to ten the number of members on state advisory councils, at least two of whom must be eligible clients and another two members of the general public.

Directs the Legal Services Corporation (the Corporation) to: (1) publicize within a specified time-frame any contemplated grants, projects or contracts; and (2) notify the relevant State advisory council if legal assistance will be provided as a result of such grants, projects, or contracts. Establishes procedural guidelines for notification, comment, and review of such grants, projects, or contracts.

Deems the Corporation's Board of Directors (the Board) to be Federal officers and employees in order to prohibit payment of members appointed during a recess of the Senate. Provides compensation to Board members only for attendance at Board meetings and necessary related travel expenses.

Directs the Board, within 30 days after enactment, to promulgate regulations providing sanctions for enforcement of this Act, including immediate suspension of financial assistance, suspension of employees, and reduction or termination of assistance or employment.

Prohibits: (1) reimbursement to specified Board personnel for membership in private clubs; and (2) severance pay exceeding the amounts paid Federal employees for comparable service.

Extends existing lobbying restrictions to contractors and grantees, as well as recipients. Permits legislative representation of an eligible client concerning particular legislation directly affecting such client.

Requires the project director of a recipient of Corporation funding to approve any allowable use of funds for communications with governmental entities.

Allows class action suits against government entities where: (1) the class relief sought is for the primary benefit of eligible clients; and (2) the government policy or practice in question is unlikely to change otherwise and will continue to affect eligible clients adversely.

Revises conditions under which reasonable costs and legal fees shall be awarded to a defendant prevailing against the Corporation or the Corporation's recipient. Allows such an award of fees where the action had no reasonable basis in law or fact. (Currently, such fees may be awarded only if the action is a malicious abuse of legal process.) States that any such costs shall be paid directly by the Corporation. Authorizes the Corporation to recover such costs from a recipient adjudged to have commenced legal action without a reasonable basis in law or fact.

Directs the corporation to: (1) require recipients to attempt out-of-court resolution of disputes; (2) provide funds each fiscal year with which to compensate private attorneys who render legal services to eligible clients; (3) develop criteria to determine reasonable legal costs and reduced fee schedules; and (4) provide interim funding sufficient to allow for the continued representation of clients if some form of representation is already pending and a timely application for refunding has been submitted.

Prohibits the use of Corporation funds for legal proceedings or assistance by any attorney relating to abortion unless it is necessary to save the mother's life. Allows representation of aliens who are lawfully present in the United States under specified circumstances.

Directs the Corporation to insure: (1) that recipients are governed by a body of attorneys who are reasonably representative of the population of the area to be served; and (2) that the ratio of attorneys appointed by various bar associations for purposes of providing legal assistance to recipient clientele shall be reasonably related to the ratio of the combined memberships of all such bar associations.

Directs the Corporation to: (1) require recipients to maintain documentation of their clients' eligibility for legal advice and assistance; (2) periodically review such documentation and include the findings in annual reports to the President and the Congress; and (3) maintain records of the time spent and the specific activity performed with respect to specified activities intended to influence decisionmaking by government entities.

Requires periodic review of such records and inclusion of the findings in annual reports.

Grants the Comptroller General and the General Accounting Office the same authority: (1) to conduct audits of the Corporation as they have with respect to all other Federal departments and agencies; and (2) to settle and adjust Corporation accounts.

Authorizes appropriations for FY 1984 through 1986.

Requires annual funding of current grantees and contractors to remain uninterrupted at previous fiscal year levels whenever less than six members of the Board have been appointed and are qualified under the Legal Services Corporation Act.

Authorizes the Corporation to bring an action in Federal district court to: (1) compel specific performance of any agreement between the Corporation and any recipient for the provision of legal services; and (2) compel compliance by a recipient with this title. Prohibits the interruption of legal services to clients who have actions pending on the date of such court orders. Specifies exceptions.