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Legal Services Corporation

Latest Developments

April 2020

ABA SUPPORTS LSC REQUEST FOR ADDITIONAL EMERGENCY FUNDING TO ADDRESS COVID-19 PANDEMIC

On April 8, 2020, the ABA sent a second letter to congressional leaders thanking them for including $50 million of emergency LSC funding in the CARES Act of 2020, which was 50% of the $100 million that LSC originally requested. The letter also asked Congress to include the remaining $50 million requested by LSC in the next stimulus bill to help address the "tidal wave" of low-income Americans needing legal assistance due to the dramatic spike of evictions, foreclosures, domestic violence, family law issues, and other legal problems caused by the coronavirus (COVID-19) pandemic.

March 2020

PRESIDENT SIGNS STIMULUS LEGISLATION CONTAINING EMERGENCY LSC FUNDING

On March 27, 2020, President Trump signed the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act) into law, which included $50 million of emergency funding for LSC to address the increased legal needs of low-income Americans caused or made worse by the COVID-19 pandemic.

ABA URGES CONGRESS TO INCLUDE SUPPLEMENTAL EMERGENCY LSC FUNDING IN STIMULUS BILL

On March 19, 2020, ABA President Judy Perry Martinez sent a letter to the leaders of the House and Senate Appropriations Committees urging them to act quickly to pass supplemental emergency appropriations for the Legal Services Corporation to help address the increasing legal needs of low-income Americans caused by the coronavirus (COVID-19) pandemic that is now spreading throughout our nation.

ABA PRESIDENT ASKS CONGRESS TO BOOST LSC FUNDING FOR FY 2021

On March 13, 2020, ABA President Judy Perry Martinez testified before the Subcommittees on Commerce, Justice and Science of the House and Senate Appropriations Committees regarding funding for the Legal Services Corporation. Read the House and Senate testimony.

December 2019

CONGRESS INCREASES LSC FUNDING TO $440 MILLION FOR FY 2020

In December 2019, Congress passed the “Consolidated Appropriations Act, 2020 (P.L. 116-93).” The FY 2020 omnibus appropriations bill increased LSC funding to $440 million, which represents a $25 million or 6% increase from FY 2019.

November 2019

CONTINUING RESOLUTION ENACTED

On November 21, 2019, to avoid a federal shutdown, President Donald Trump signed the stopgap spending bill entitled the “Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019.”

Earlier on November 21, 2019, United States Senate had passed the bill by a vote of 74-20, and on November 19th, the U.S. House of Representatives passed the bill by a vote of 231-192.

The legislation serves as a temporary funding bill that continues pre-existing appropriations through December 20th, 2019, at the same rate and level as the previous Fiscal Year 2019.

For the Legal Services Corporation (LSC), that means continuing operations at a rate of $415 million per year.

October 2019

U.S. SENATE PASSES APPROPRIATIONS MINIBUS PROVIDING $425.5 MILLION FOR LSC IN FY2020

On October 31st, 2019, the United States Senate passed the Fiscal Year 2020 (FY2020) appropriations bill, H.R. 3055, a “minibus” combining four of the twelve regular FY2020 appropriations bills: 1. the Departments of Commerce, Justice, Science (CJS), 2. Agriculture, Rural Development, Food and Drug Administration, 3. Interior, Environment, and 4. Transportation, and Housing and Urban Development. The bill passed the Senate by a vote of 84-9 and a message on Senate action was subsequently sent to the House on November 4th.

In the Senate CJS appropriations bill, the Legal Services Corporation has been appropriated $425,500,000—a $10.5 million increase over the current funding of $415 million. $415 million is the largest amount of appropriated funds the LSC has ever received in absolute dollars, though not in inflation-adjusted dollars. 

At present, there appears a good chance that the CJS bill will become law before Christmas.

SENATE CONSIDERED APPROPRIATIONS PACKAGE

On Tuesday, October 22, 2019, the U.S. Senate indicated a willingness to move forward on a package of four appropriations bills by invoking cloture (92-2) on the motion to proceed to H.R.3055, Commerce, Justice, Science -- Agriculture, Rural Development, Food and Drug Administration -- Interior, Environment -- Military Construction, Veterans Affairs – Transportation, Housing and Urban Development Appropriations Act of 2020. These four Fiscal Year 2020 spending bills are the first on which the chamber has proceeded.

In contrast, other bills face Democratic opposition (including the Defense, Military Construction-VA, Homeland Security and Labor-HHS-Education measures). 

Nonetheless, worries of another stopgap spending bill still linger amid partisan battles over the spending bills. Minority Leader Charles E. Schumer (NY-D) has stated that bicameral talks may be needed to get a deal locked down.

Senate Appropriations Chairman Richard C. Shelby (AL-R) now concedes that the appropriations process will not be completed by November. 

In Letter to Senate Appropriations, ABA Seeks Highest Possible LSC Fuding 

On October 8, 2019, ABA President Judy Perry Martinez submitted a letter to the Chairman and Ranking Member of the Senate Subcommittee on Commerce, Justice, Science, and Related Agencies, congratulating them on the completion of the subcommittee's bill through the full Appropriations Committee, which proposed to increase Legal Services Corporation (LSC) funding by $10.5 million to $425.5 million.

ABA policy strongly supports funding for the LSC and its role in “Equal Justice Under Law” for vulnerable citizens. Veterans, seniors, survivors of domestic and sexual violence, organizations that aid in natural disaster cleanup, and the family and friends of those people affected by the opioid crisis all particularly benefit from LSC funding.

In the letter, the ABA urged the subcommittee to make LSC a top priority in reconciling the differences with the House bill and to move as close to the House’s proposed funding level of $550 million as possible.

CHIEF JUSTICE SWEARS IN NEW LSC BOARD MEMBERS

On October 2, 2019, in the East Conference Room of the Supreme Court of the United States, Chief Justice John Roberts swore in the Board of Directors of the Legal Services Corporation (LSC).

LSC Board Members being sworn in

LSC Board Members being sworn in

LSC Board Members

LSC Board Members

The four new members include:

  • Matthew Keenan
  • Abigail L. Kuzma
  • John G. Malcolm
  • Frank X. Neuner, Jr.

These individuals join seven continuing and returning board members: 

  • Robert J. Grey, Jr.
  • John G. Levi
  • Victor Maddox
  • Laurie Mikva
  • Father Pius Pietrzyk
  • Julie Reiskin
  • Gloria Valencia-Weber

Together, the bipartisan, eleven-member Board of Directors will promote equal access to justice. 

PRESIDENT SIGNS CONTINUING RESOLUTION INTO LAW

On September 27, 2019, President Donald Trump signed into law the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019, H.R.4378. 

Constitutionally and historically, the U.S. House has initiated spending legislation. In hopes of avoiding a government shutdown upon realization that the spending bills would not be finished by the October 1st deadline, the U.S. House of Representatives passed the continuing resolution on September 19, 2019 by a vote of 301-123. This action was then followed by Senate passage just one week later on September 26, 2019, by a vote of 81-16. 

The legislation serves as a temporary funding bill that continues pre-existing appropriations at the same rate and level as the previous fiscal year, in this case FY2019. The ordinance will remain in effect until the regular appropriations bills are passed, or at the latest until November 21, 2019, whichever happens to come first. 

In the coming weeks, the House and Senate will begin to negotiate the differences between their respective versions of the 12 appropriations bills to avoid a government shutdown on the week before Thanksgiving.

U.S. SENATE APPROPRIATORS PASS A PROPOSED $425.5 MILLION FOR LSC IN FY2020

On September 26, 2019, the United States Senate Committee on Appropriations unanimously voted (31-0) to pass the Fiscal Year 2020 (FY2020) Commerce, Justice, Science, and Related Agencies Appropriations Act, S. 2584.

For fiscal year 2020, the bill would appropriate $425,500,000 for the Legal Services Corporation—a $10.5 million increase over the current funding of $415 million.

This Senate committee passage comes three months after the full United States House of Representatives passed their version, H.R. 3055, on June 25, 2019, by a vote of 227-194. At that time, the House appropriated $550,000,000 for the Legal Services Corporation.

It is important to note that the Senate waited until a budget deal was reached. The House moved forward with their appropriations bills before the total budget—302(a) spending level—was established. Thus, the House appropriations will all need to be redone. For example, the House’s final non-defense discretionary funding will be $15 billion less than the bills the House passed.

In the coming weeks and months, both chambers will need to conference their two vastly different amounts and achieve a final FY2020 appropriation for LSC.
 

U.S. SENATE CONFIRMS EIGHT LSC BOARD OF DIRECTORS 

On August 1st, 2019, eight presidential nominees were confirmed by U.S. Senate votes to serve on the bipartisan, eleven-member Board of Directors of the Legal Services Corporation (LSC). The confirmed nominees were:

  • Robert J. Grey Jr., President of the Leadership Council on Legal     Diversity
  • Matthew Keenan – a partner at Shook, Hardy & Bacon LLP     who will replace Harry J.F. Korrell III
  • Abigail L. Kuzma  co-founder of the Neighborhood Christian Legal Clinic and member of the LSC’s Governance and Performance Review Committee and Delivery of Legal Services Committee
  • John G. Levi  LSC Chair and partner at Sidley Austin LLP
  • John G. Malcolm, Vice President of the Institute for Constitutional Government and Director, will be replacing former Dean of Harvard Law School Martha Minow
  • Frank X. Neuner Jr., a partner at NeunerPate
  • Julie Reiskin executive Director of the Colorado Cross-Disability Coalition
  • ·Gloria Valencia-Weber , Emeritus Professor of Law at the University of New Mexico Law School in Albuquerque.

Current Board Members:

  • Robert J. Grey
  • John G. Levi
  • Julie Reiskin
  • Gloria Valencia-Weber
  • Victor Maddox, a partner in the Louisville, Kentucky law firm of Fultz Maddox Dickens PLC
  • Laurie Mikva, a Clinical Assistant Professor of Law at Northwestern Pritzker School of Law and Commissioner on the Illinois Court of Claims
  • Father Pius Pietrzyk, Chair of the Department of Pastoral Studies and Assistant Professor of Canon Law at St. Patrick Seminary in Menlo Park, California

New Appointees:

  • Matthew Keenan
  • Abigail Kuzma
  • John G. Malcolm
  • Frank X. Neuner 

LSC RELEASES ITS ANNUAL REPORT FOR 2018

On August 2, 2019, the Legal Services Corporation (LSC) released its Annual Report with its statistics and goals accomplished during 2018.

In 2018 the LSC provided grants to 132 independent, nonprofit organizations that provide free civil legal services to low-income Americans from 852 offices located across the United States and its territories. The LSC participated in numerous Congressional and community outreach programs and co-sponsored congressional briefings on important civil legal aid issues in the United States Senate and House of Representatives. The LSC was able to provide critical constituent services in areas of family law, housing, income maintenance, and consumer issues, among others.

The LSC, along with continuing past projects, launched two new task forces for the purpose of tackling the opioid epidemic and aiding in disaster recovery.  The LSC also commenced a Veterans Day Summit, where business and legal leaders discussed the most pressing civil legal issues faced annually by seven in ten low-income households. This was the first in what will be an annual forum highlighting access to justice issues and the need to support veterans and military families.

The LSC also increased pro bono among the private bar in 2018. Although pro bono volunteers cannot replace the work of legal aid lawyers, the private bar is a critical resource to address the civil legal needs of low-income Americans. LSC’s Pro Bono Innovation Fund (PBIF) in 2018 was able to award fifteen grants to expand pro bono legal services in twelve states.

Another important component of the LSC is the Technology Initiative Grant Program, which awarded twenty-six grants to twenty-four legal services organizations in twenty-one states. The fund leverages technology to expand access to high-quality legal assistance by exploring new ways to serve eligible clients, strengthen program capacity, and support the efforts of pro bono attorneys. 

PRESIDENT SIGNS BIPARTISAN BUDGET ACT INTO LAW

On August 2nd, 2019, the President signed into law the Bipartisan Budget Act of 2019, which passed the U.S. Senate by a vote of 67-28. The act passed the House the previous week. This two-year budget agreement sets caps for defense and non-defense spending for Fiscal Years 2020 and 2021.

The Bipartisan Budget Act of 2019 increases the chance of passing future appropriations bills and decreases the likelihood of a government shutdown during the next two years.

While the act increases discretionary spending over the current Fiscal Year 2019, it provides $15 billion less for total non-defense spending compared to the total of the House Fiscal Year 2020 appropriations bills. This decrease will likely translate to a lower funding level for the Commerce, Justice, Science Appropriations bill, which in turn will put downward pressure on the House’s proposed appropriation of $550 million to the Legal Services Corporation (LSC) for FY2020 – $135 million above the LSC’s FY2019 funding.

The Senate Committee on Appropriations is expected to divide the allocations for all twelve appropriations bills by next week to allow the subcommittees to begin work on the bills during the August recess, with the first markup scheduled for September 12.

Congress likely will pass a Continuing Resolution by October 1st, to provide temporary funding for each agency until its funding bill is signed into law.

U.S. HOUSE PASSES A PROPOSED $550 MILLION FOR LSC IN FY2020

On June 25, 2019, the United States House of Representatives passed the Fiscal Year 2020 (FY2020) appropriations bill, H.R. 3055, for the Departments of Commerce, Justice, Agriculture, Rural Development, Food and Drug Administration, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development. The bill passed the House by a vote of 227-194 and was subsequently sent to the Senate on July 8th

The bill includes five of the twelve regular FY2020 appropriations bills. The Legal Services Corporation has been appropriated $550,000,000—a $135,000,000 increase from the current funding of $415 million. $415 million is the largest amount of appropriated funds the LSC has ever received in absolute dollars. This increase in funds would follow the $15,000,000 provided to the LSC in the Supplemental Appropriations Act of 2019 which passed in June to cover legal needs arising from natural disasters occurring in 2017-2019.

The House-passed bill would need to be negotiated or “conferenced” with whatever the Senate produces to achieve the final appropriation for LSC. The Senate appropriation for LSC is not expected to be as high as the House appropriation, because Senate Majority Leader McConnell has announced that the Senate appropriations process will await a budget agreement between the Senate, House, and White House.

WHITE HOUSE ISSUES STATEMENT OF ADMINISTRATION POLICY OPPOSING LSC FUNDING FOR FY2020

On June 18, 2019, the White House issued a Statement of Administration Policy (SAP) opposing the House of Representative’s H.R. 3055, making Fiscal Year (FY) 2020 appropriations for

1.     the Departments of Commerce and Justice, Science, and Related Agencies,

2.     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs,

3.     the Department of the Interior, Environment, and Related Agencies,

4.     Military Construction, the Department of Veterans Affairs, and Related Agencies, and

5.     the Departments of Transportation, Housing and Urban Development, and Related Agencies.

The SAP states that the budgetary framework of the bill and the included appropriations bills would raise the discretionary spending caps by more than $350 billion in fiscal years (FY) 2020 and 2021, putting the Federal Government on track to add nearly $2 trillion to the rising national debt of $22 trillion over the next ten years.

According to the Congressional Budget Office, the bill would appropriate $321.9 billion - $25.7 billion, or 8.7 percent - above the FY 2020 Budget request and $29.8 billion above the FY 2019 enacted level.

The SAP further states that the bill also includes problematic provisions implicating key Administration priorities, and if it were presented to the President in its current form, his advisors would recommend that he veto it.

Regarding the Legal Services Corporation, the SAP states that the Administration is disappointed the bill does not eliminate the current one-size-fits-all federal funding model, which would save the American taxpayer more than $400 million per year.

HOUSE PASSES $15M FUNDING FOR LSC IN DISASTER APPROPRIATIONS BILL

On June 3rd, 2019, the United States House of Representatives passed by a vote of 354 to 58 the Fiscal Year 2019 Supplemental Appropriations Bill, including $15,000,000 for the Legal Services Corporation.

The $19.1 billion of appropriated funds will cover the consequences of hurricanes, floods, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019.

In previous years, LSC disaster funding had been limited to use for technology, but in last year’s FY18 bill and this year’s FY19 bill, no such restriction exists.

The President has been overseas but has pledged to sign the bill into law immediately upon his return.
 

HOUSE CJS SPENDING BILL SEEKS TO INCREASE LSC FUNDING 33% TO $550M

On May 16, 2019, the U.S. House of Representatives Appropriations Committee released their draft of the Fiscal Year 2020 Commerce, Justice, Science and Related Agencies (CJS) Appropriations Act, which would fund the Legal Services Corporation at $550 million—a 33% increase over Fiscal Year 2019 funding.

The bill is scheduled to be marked up by the subcommittee at 9:30am on May 17, 2019. Full House Appropriations Committee movement is expected to ensue within approximately one week. Passage by the full House of Representatives is not yet scheduled.

Resolving the differences between the House bill and the Senate bill and the Administration’s position will not be easy. The process for enactment is likely to take at least six months.

Click here to read more of the latest developments on LSC

Overview

The President is calling for the elimination of the Legal Services Corporation. Make a stand for legal aid!

The Legal Services Corporation (LSC) ensures “Equal Justice Under Law” by enabling access to the justice system for vulnerable Americans.

LSC, the central foundation for the legal aid system, provides the backbone for America’s civil legal aid and pro bono system.

93.7% of LSC’s total budget is awarded in grants to 133 civil legal aid programs with over 800 offices nationwide. At least one LSC grantee serves each county and territory of the United States.

For decades the ABA has advocated Legal Services Corporation funding as the embodiment of the federal government’s role in securing the federal rights and duties it created for the people—securing the core American value of equal justice under law.

The LSC has always had bipartisan support in Congress, and polling indicates 82% of Americans support equal access to justice that protects the vulnerable.

Budget and Appropriations Process for FY 2020

Budget

In practice, Congress has moved to biennial budgeting in recent years. That means that for 2019—the first year of the two years of this 115th Congress—the U.S. House of Representatives and U.S. Senate and President should establish the total spending [the 302(a) number] for Fiscal Year (FY) 2020 and for FY2021. Under current law [31 U.S.C. §1105(a)], the President is required to submit the budget proposal to Congress on or after the first Monday in January, but no later than the first Monday in February. The Administration’s FY2020 budget proposal was officially delivered to Congress on Monday, March 11, 2019, thus commencing the House and Senate Budget Committees’ work on a budget. This FY 2020 budget proposes the elimination of the Legal Services Corporation. Every year, the Budget Committees are directed to produce a budget by April 15th. Talks between the House, Senate, and Administration to establish an overall 302(a) budget for FY2020 and FY2021 are ongoing.

Appropriations

The appropriations bills spend the money to fund our government. After April 15th, the Appropriations Committees are authorized to commence the appropriations process—with or without a budget. The first step is for the Appropriations Chair to assign each of the twelve appropriations subcommittees a 302(b) suballocation—the amount a subcommittee is to spend in its appropriations bill. The House of Representatives initiates spending bills, passing the first of the twelve bills in subcommittee on April 30th, 2019, and the last of the twelve on June 5th, 2019. The House Commerce, Justice, Science, and Related Agencies (CJS) Appropriations Subcommittee approved by voice vote the CJS appropriations bill for its Fiscal Year 2020 on May 17th, 2019. The full House Appropriations Committee approved the bill by party-line roll call vote on May 22nd, 2019. This House CJS bill provides $73.895 billion in discretionary budget authority—an increase of $9.78 billion (15.3%) above the fiscal year 2019 level. The House FY2020 CJS bill would fund the Legal Services Corporation at $550 million—a 33% increase.

*Note that because the House moved forward with appropriations bills before the total budget 302(a) spending level was established, adjustments (generally down) are likely in the House 302(b) spending levels for the individual appropriations bills. In recent years, bundling all or most of the 12 appropriations bills into an omnibus appropriations bill is routine.

Continuing Resolutions

Appropriations bills are supposed to be completed before the beginning of the fiscal year on October 1st, but the deadlines are regularly breached, necessitating continuing resolutions (CRs) that fund the government through a new deadline. Congress often needs 3 to 5 CRs per year before the final omnibus appropriations bill can be enacted.

Supplemental Appropriations

Supplemental appropriations are used to address needs that arise after the twelve appropriations bills have been finalized. The supplemental appropriations bill typically funds relief from natural disasters such as hurricanes, floods, tornadoes, et cetera. Supplemental appropriations have yet to be proposed for Fiscal Year 2020. On June 3rd, 2019, the United States House of Representatives passed by a vote of 354 to 58 the Fiscal Year 2019 Supplemental Appropriations Bill, including $15,000,000 for the Legal Services Corporation. The President signed the $19.1 billion bill on June 6, 2019.

ABA Policy

The ABA supports a strong, federally funded, community controlled program to provide legal aid for the poor. The ABA favors substantial private bar involvement in the delivery of legal services and actively encourages pro bono participation by individual attorneys, law firms, and corporate general counsels.

Resources

ABA RESOURCES

LETTERS OF SUPPORT

HELPFUL WEBSITES

Legal Aid Directory

Click here for a list of legal aid offices by state. The list includes national and state-specific resources for both veterans and non-military persons who qualify for legal aid.

Contact

Michael O'Neill
Legislative Counsel

Governmental Affairs Office
American Bar Association
1050 Connecticut Avenue, NW
Washington, DC 20036
Direct: (202) 662-1767
FAX: (202) 662-1762
[email protected]