President’s FY 2011 Budget Proposes $435 Million for LSC and Urges Repeal of Restrictions on Non-LSC Funds and Class Actions
Legal Services E-lert
Bibliographic Info:
Source: Brennan Center
On February 1, 2010 President Obama released his federal budget for Fiscal Year 2011, which includes a proposed total funding level of $435 million for the Legal Services Corporation, $15 million more than LSC’s current funding level, but the same amount the Administration included in its FY 2010 budget for LSC. This flat funding recommendation follows the Administration’s announcement that it plans to freeze non-security related, discretionary spending for the next three fiscal years.
LSC submitted its own budget request to Congress on January 29th, requesting $516.5 million in total funding, 95% of which, or $484.9 million, would be granted to local programs for the provision of civil legal assistance. In its request for increased funding, LSC cites the severe drop in IOLTA and other non-federal funding for legal services and the growing number of requests for representation by low-income Americans.
The President’s FY 2011 budget also calls on Congress to repeal two of the onerous legal services funding restrictions that have been attached to the Corporation’s funding in every appropriations cycle since 1996: the restriction that extends federal control to LSC grantees’ state, local, private, and other funds, and the restriction prohibiting LSC grantees from participating in class action lawsuits.
The Administration urged Congress to repeal these two restrictions in last year’s budget as well, but Congress failed to go that far. Instead, Congress lifted a third restriction whose repeal the President also urged: the restriction that had barred LSC grantees from seeking court awarded attorneys' fees from those who have violated the law.
Under no legal obligation to enact the President’s budget as recommended, the House and Senate will now draft their own appropriations bills for FY 2011.