42 U.S.C. § 2996f — Grants and contracts
submitted 52 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,039 words · no verdicts yet
This section requires the Corporation to set standards for legal-assistance grants and contracts. It also limits how that money may be used and requires recipient governance, evaluation, public notice, and studies.
(a) Requirements. For grants or contracts connected with legal help for eligible clients, the Corporation must: (1) ensure the highest quality of service and professional standards, preserve lawyer-client relationships, and protect the adversary process from impairment; (2)(A) set maximum income levels for eligible individuals after consulting the Director* of the Office of Management and Budget and the Governors of the States, considering family size, urban-rural differences, and major cost-of-living differences; (B) set guidelines requiring recipients to decide eligibility using factors including (i) the client’s liquid assets and income, (ii) fixed debts, medical costs, and other facts affecting ability to pay, (iii) local living costs, and (iv) other facts showing inability to afford legal help. These may include proof of an earlier decision that the person’s low income results from refusing or being unwilling, without good reason, to seek or accept employment; and (C) ensure that (i) recipients, consistently with the Corporation’s goals, set procedures for priorities in providing help based on eligible clients’ relative needs, including needed outreach, training, and support, especially for significant groups with special access difficulties or special legal problems, including older and disabled people; and (ii) proper training and support are provided for those groups; (3) ensure grants and contracts provide the most economical and effective legal-help delivery in urban and rural areas; (4) ensure full-time lawyers in legal-help activities supported mainly by the Corporation do not do compensated outside legal work, and do not do uncompensated outside legal work unless Corporation guidelines allow it; (5) ensure Corporation funds are never used, directly or indirectly, to influence an executive order or similar action by a Federal, State*, or local agency, or to influence legislation in Congress or a State or local legislative body, or State proposals by initiative petition, except when (A) a recipient employee’s representation of an eligible client is needed to give legal advice and representation about that client’s rights and responsibilities. This does not permit soliciting a client in violation of professional responsibilities just to make the representation possible; or (B) a governmental agency, legislative body, committee, or member (i) asks recipient personnel to testify, draft or review measures, or make representations, or (ii) is considering a measure directly affecting the recipient’s or Corporation’s activities under this subchapter; (6) ensure all lawyers engaged in Corporation-supported legal-help activities refrain while engaged from (A) political activity, (B) transporting voters or potential voters to polls or giving similar election help, except legal advice and representation, and (C) voter registration activity, except legal advice and representation; (7) require recipients to set appeal-review guidelines, consistent with Corporation regulations, to use resources efficiently and avoid frivolous appeals, without interfering with professional responsibilities; (8) ensure recipients seek organized-bar recommendations before filling staff-lawyer jobs and prefer qualified people who live in the community served; (9) ensure every grantee, contractor, or person or entity receiving financial assistance under this subchapter or predecessor authority under this chapter that timely applies for renewed funding receives interim money needed to keep its current activity level until (A) renewal is approved and the money arrives, or (B) renewal is finally denied under section 2996j; (10) ensure lawyers engaged in supported activities do not persistently stir up litigation or engage in other activity barred by the ABA Canons of Ethics and Code of Professional Responsibility, and do not privately represent for a fee in a case in which they were involved during those activities; and (11) ensure an indigent person whose primary home is subject to civil forfeiture has a Corporation lawyer in that civil case.
(b) Limits on uses. Corporation funds under this subchapter may not be used: (1) for a fee-generating case, except under Corporation guidelines. The guidelines may not bar help when the client seeks only statutory benefits and suitable private representation is unavailable; (2) in a criminal proceeding, except for a person charged in an Indian tribal court; (3) in a civil action for someone convicted of a crime when the action arises from alleged acts or failures to act and is against a court officer or law-enforcement official to challenge the conviction’s validity; (4) for political activities barred by subsection (a)(6); (5) for a grant or contract with a private law firm that spends at least 50 percent of its resources and time litigating issues in the broad interests of most of the public; (6) to support or conduct training that advocates particular public policies or encourages political, labor, anti-labor, boycott, picketing, strike, or demonstration activity, as opposed to merely sharing information about those policies or activities. This does not bar training lawyers or paralegals needed to give adequate legal help to eligible clients; (7) to start forming, or organize, an association, federation, or similar entity. This does not bar legal help to eligible clients; (8) to provide legal help in a proceeding or lawsuit seeking a nontherapeutic abortion, or seeking to force a person or institution to perform or help perform an abortion or provide facilities for one, against that person’s or institution’s religious beliefs or moral convictions; (9) to provide legal help in a proceeding or lawsuit about desegregating an elementary or secondary school or school system. Legal advice about an eligible client’s rights and responsibilities is still allowed; (10) to provide legal help in a proceeding or lawsuit arising from violating the Military Selective Service Act [50 U.S.C. 3801 et seq.] or desertion from the United States Armed Forces. Help is allowed in a civil action alleging that an eligible client was improperly classified before July 1, 1973, under that Act or the earlier corresponding law; or (11) to provide legal help inconsistently with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].
(c) Recipient organizations. When making legal-help grants or contracts, the Corporation must ensure that a recipient formed only to provide legal help to eligible clients is governed by a body that is at least 60 percent lawyers who belong to the bar of a State where the help will be provided. The Corporation must, on request, waive this rule for a legal-services program supported under section 2809(a)(3) that on July 25, 1974 had a majority of nonlawyers on its policy board, allowing that majority to continue. Under Corporation regulations, it may also waive the rule for recipients unable to comply because of the population they serve. At least one-third of the governing body must be people who, when selected, are eligible clients; they may also represent eligible-client associations or organizations. A lawyer serving on the body may not receive pay from the recipient.
(d) Program evaluation. The Corporation must monitor and evaluate, and arrange independent evaluations of, programs supported in whole or part under this subchapter. The purpose is to ensure compliance with this subchapter, the Corporation’s bylaws, and applicable rules, regulations, and guidelines.
(e) The Corporation president may make grants and contracts under this subchapter.
(f) Public notification. At least 30 days before approving a grant application, entering a contract, or starting another project*, the Corporation must announce it publicly and notify the Governor, the State bar association, and the principal local bar associations, if any, in any community where legal help will begin. The notice must reasonably describe the application, proposed contract, or project and ask for comments and recommendations.
(g) Staff-lawyer program study. The Corporation must arrange a broad, independent study of the existing staff-lawyer program under this chapter and, using suitable demonstration projects, alternative or additional ways to deliver legal services, including judicare, vouchers, prepaid legal insurance, and law-firm contracts. Based on the study, it must recommend to the President and Congress improvements, changes, or alternatives for economical and effective delivery no later than two years after the Board’s first meeting.
(h) Study and report on special needs. The Corporation must study whether eligible clients who are (1) veterans, (2) Native Americans, (3) migrant or seasonal farm workers, (4) people with limited English-speaking ability, or (5) people in sparsely populated areas where severe climate and inadequate transportation significantly hinder legal services have special access difficulties or legal problems that are not being met. By January 1, 1979, it must report to Congress on the extent and nature of those problems and difficulties and include and carry out suitable recommendations.
With respect to grants or contracts in connection with the provision of legal assistance to eligible clients under this subchapter, the Corporation shall—
insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to eligible clients;
establish, in consultation with the Director* of the Office of Management and Budget and with the Governors of the several States, maximum income levels (taking into account family size, urban and rural differences, and substantial cost-of-living variations) for individuals eligible for legal assistance under this subchapter;
establish guidelines to insure that eligibility of clients will be determined by recipients on the basis of factors which include—
the liquid assets and income level of the client,
the fixed debts, medical expenses, and other factors which affect the client’s ability to pay,
the cost of living in the locality, and
such other factors as relate to financial inability to afford legal assistance, which may include evidence of a prior determination that such individual’s lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and
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;
insure that grants and contracts are made so as to provide the most economical and effective delivery of legal assistance to persons in both urban and rural areas;
insure that attorneys employed full time in legal assistance activities supported in major part by the Corporation refrain from (A) any compensated outside practice of law, and (B) any uncompensated outside practice of law except as authorized in guidelines promulgated by the Corporation;
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 petition, except where—
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 violation of professional responsibilities, for the purpose of making such representation possible); or
a governmental agency, legislative body, a committee, or a member thereof—
requests personnel of the recipient to testify, draft, or review measures or to make representations to such agency, body, committee, or member, or
is considering a measure directly affecting the activities under this subchapter of the recipient or the Corporation.
insure that all attorneys engaged in legal assistance activities supported in whole or in part by the Corporation refrain, while so engaged, from—
any political activity, or
any activity to provide voters or prospective voters with transportation to the polls or provide similar assistance in connection with an election (other than legal advice and representation), or
any voter registration activity (other than legal advice and representation);
require recipients to establish guidelines, consistent with regulations promulgated by the Corporation, for a system for review of appeals to insure the efficient utilization of resources and to avoid frivolous appeals (except that such guidelines or regulations shall in no way interfere with attorneys’ professional responsibilities);
insure that recipients solicit the recommendations of the organized bar in the community being served before filling staff attorney positions in any project* funded pursuant to this subchapter and give preference in filling such positions to qualified persons who reside in the community to be served;
insure that every grantee, contractor, or person or entity receiving financial assistance under this subchapter or predecessor authority under this chapter which files with the Corporation a timely application for refunding is provided interim funding necessary to maintain its current level of activities until (A) the application for refunding has been approved and funds pursuant thereto received, or (B) the application for refunding has been finally denied in accordance with section 2996j of this title;
insure that all attorneys, while engaged in legal assistance activities supported in whole or in part by the Corporation, refrain from the persistent incitement of litigation and any other activity prohibited by the Canons of Ethics and Code of Professional Responsibility of the American Bar Association, and insure that such attorneys refrain from personal representation for a private fee in any cases in which they were involved while engaged in such legal assistance activities; and
ensure that an indigent individual whose primary residence is subject to civil forfeiture is represented by an attorney for the Corporation in such civil action.
No funds made available by the Corporation under this subchapter, either by grant or contract, may be used—
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);
to provide legal assistance with respect to any criminal proceeding, except to provide assistance to a person charged with an offense in an Indian tribal court;
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;
for any of the political activities prohibited in paragraph (6) of subsection (a) of this section;
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;
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 provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients;
to initiate the formation, or act as an organizer, of any association, federation, or similar entity, except that this paragraph shall not be construed to prohibit the provision of legal assistance to eligible clients;
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;
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 eligible client with respect to such client’s legal rights and responsibilities;
to provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act [50 U.S.C. 3801 et seq.] 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; or
to provide legal assistance in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].
In making grants or entering into contracts for legal assistance, the Corporation shall insure that any recipient organized solely for the purpose of providing legal assistance to eligible clients is governed by a body at least 60 percent of which consists of attorneys who are members of the bar of a State in which the legal assistance is to be provided (except that the Corporation (1) shall, upon application, grant waivers to permit a legal services program, supported under section 2809(a)(3) 1 of this title, which on July 25, 1974, has a majority of persons who are not attorneys on its policy-making board to continue such a non-attorney majority under the provisions of this subchapter, and (2) may grant, pursuant to regulations issued by the Corporation, such a waiver for recipients which, because of the nature of the population they serve, are unable to comply with such requirement) 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. Any such attorney, while serving on such board, shall not receive compensation from a recipient.
The Corporation shall monitor and evaluate and provide for independent evaluations of programs supported in whole or in part under this subchapter to insure that the provisions of this subchapter and the bylaws of the Corporation and applicable rules, regulations, and guidelines promulgated pursuant to this subchapter are carried out.
The president of the Corporation is authorized to make grants and enter into contracts under this subchapter.
At least thirty days prior to the approval of any grant application or prior to entering into a contract or prior to the initiation of any other project, the Corporation shall announce publicly, and shall notify the Governor, the State bar association 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.
The Corporation shall provide for comprehensive, independent study of the existing staff-attorney program under this chapter and, through the use of appropriate demonstration projects, of alternative and supplemental methods of delivery of legal services to eligible clients, including judicare, vouchers, prepaid legal insurance, and contracts with law firms; and, based upon the results of such study, shall make recommendations to the President and the Congress, not later than two years after the first meeting of the Board, concerning improvements, changes, or alternative methods for the economical and effective delivery of such services.
The Corporation shall conduct a study on whether eligible clients who are—
veterans,
native Americans,
migrants or seasonal farm workers,
persons with limited English-speaking abilities, and
persons in sparsely populated areas where a harsh climate and an inadequate transportation system are significant impediments to receipt of legal services 2
have special difficulties of access to legal services or special legal problems which are not being met. The Corporation shall report to Congress not later than January 1, 1979, on the extent and nature of any such problems and difficulties and shall include in the report and implement appropriate recommendations.
Source credit: (Pub. L. 88–452, title X, § 1007, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 383; amended Pub. L. 95–222, §§ 7(b), 9(a), (b)(1), (c), 10–13, Dec. 28, 1977, 91 Stat. 1620–1623; Pub. L. 105–12, § 9(o), Apr. 30, 1997, 111 Stat. 28; Pub. L. 106–185, § 2(d), Apr. 25, 2000, 114 Stat. 211; Pub. L. 111–211, title II, § 234(d), July 29, 2010, 124 Stat. 2282.)
- 1974Enacted · Pub. L. 88-452 · 88 Stat. 383
- 1977Amended · Pub. L. 95-222 · 91 Stat. 1620
- 1997Amended · Pub. L. 105-12 · 111 Stat. 28
- 2000Amended · Pub. L. 106-185 · 114 Stat. 211
- 2010Amended · Pub. L. 111-211 · 124 Stat. 2282
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1974-07-25.
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