[Congressional Record (Bound Edition), Volume 155 (2009), Part 18]
[Extensions of Remarks]
[Page 24527]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE CIVIL ACCESS TO JUSTICE ACT OF 2009

                                 ______
                                 

                     HON. ROBERT C. ``BOBBY'' SCOTT

                              of virginia

                    in the house of representatives

                       Thursday, October 8, 2009

  Mr. SCOTT of Virginia. Madam Speaker, today I rise to introduce the 
Civil Access to Justice Act of 2009. The purpose of this legislation is 
to reauthorize the Legal Services Corporation, which has not been 
reauthorized by Congress since 1977. Legal Services Corporation was 
established by Congress in 1974 to provide legal assistance to low-
income people in civil matters. LSC directs and supervises the federal 
grants to local legal service providers who give legal assistance to 
low-income clients.
  I am particularly pleased that we are introducing this bill, not only 
because it helps those in need, but because of my personal experiences 
with the program. Over 30 years ago, I was the founding Chairman of the 
Board of Peninsula Legal Aid Center, Inc., so I am aware of the need 
for resources to make a legal services program fully operational. In 
this bill, we are seeking to ensure that the Corporation has the 
resources required to help those in need.
  The bill accomplishes several goals. It increases the authorized 
funding level for LSC to $750 million. This is approximately the 
amount, adjusted for inflation, appropriated in 1981, which was the 
high watermark for LSC funding. LSC is currently funded at $390 
million--which, in current dollars, is well below the amount needed to 
fully fund the program. Currently, more than 80 percent of individuals 
who need civil legal representation do not have the means to obtain it. 
Families who need this assistance the most make less than 125 percent 
of the poverty line or about $27,500 for a family of four. Nationally, 
50 percent of these eligible applicants for legal assistance from 
federally funded programs are turned away mainly because these programs 
lack ample funding. Moreover, as the economy continues to decline, the 
number of individuals who will need legal representation will increase. 
We need to ensure that resources are available to provide legal 
services to those who cannot afford adequate representation. The $750 
million authorized in the bill should be enough to ensure a minimum 
level of access to legal aid in every county in the country.
  Although the program has not been reauthorized in over 30 years, 
appropriations bills over that time have placed restrictions on the 
activities that attorneys in LSC programs can provide. The bill lifts 
most of these restrictions, including collecting attorneys' fees, 
permitting legal aid attorneys to bringing class-action suits, and 
allowing lobbying with non-federal funds. In the spirit of compromise, 
the bill does maintain the prohibition on abortion related litigation 
and incorporates some limits on whom LSC-funded programs can represent, 
including prisoners challenging prison conditions and people convicted 
of illegal drug possession in public housing eviction proceedings. The 
bill also provides for more effective administration of LSC.
  The Government Accountability Office wrote reports highlighting 
issues with the governance of LSC. In an August 2007 report, GAO found 
``. . . LSC has not kept up with evolving reforms aimed at 
strengthening internal control over an organization's financial 
reporting process and systems.'' That same report stated that ``The 
current board has four committees, but none are specifically targeted 
at providing critical audit, ethics, or compensation functions, which 
are important governance mechanisms commonly used in corporate 
governance structures. Because it has not taken advantage of 
opportunities to incorporate such practices, LSC's Board of Directors 
is at risk of not being able to fulfill its role of effective 
governance and oversight.''
  Overall, the Civil Access to Justice Act of 2009 will provide relief 
to those who need civil legal representation. I would like to thank 
Judiciary Committee Chairman Conyers and Representatives Cohen, Watt, 
Delahunt, Linda Sanchez and Hank Johnson for their hard work and 
dedication to this cause. I urge my colleagues to cosponsor and support 
this important legislation to ensure that those who need civil legal 
representation are able to obtain it.

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