House Appropriations Committee Would Raise Federal LSC Funding to $440 Million, but Lift Only the “Attorneys’ Fees Restriction,” Despite Obama Recommendation to Also Lift Private Money Restriction and Class Action Restriction
Legal Services E-lert
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Authored by the Chair of the CJS Subcommittee, Representative Alan Mollohan (WV), the bill also removes the restriction that currently prohibits LSC grantees from using LSC funds to seek attorneys' fee awards -- a limitation that had been included as a rider to the LSC appropriation every year since 1996. The bill does not lift any of the other LSC funding restrictions.
The full bill passed the full House Appropriations Committee on June 9, 2009, with no changes to the LSC provisions, and now awaits passage by the full House.
The bill's call for increased funding is a greatly welcomed boost, especially because the economic downturn has substantially increased legal need while reducing the availability of other legal services funding. However, the bill does not lift other LSC restrictions, specifically, it does not lift the restriction on non-LSC funds, and it does not lift the restriction on class actions. Pres. Obama's detailed budget had called for removal of these two additional restrictions.
In the Senate, the CJS Appropriations Subcommittee has yet to produce an FY 2010 appropriation bill, but is expected to turn to this now. The CJS Subcommittee is free to draft its own bill, and could do so along the lines of the President's budget. Senator Barbara Mikulski (MD) chairs the Senate's CJS Subcommittee.
Once both the House and Senate have passed their respective CJS bills, differences between the two versions will likely be addressed and reconciled by a conference committee.