Senate Appropriations Committee Votes to Repeal Non-LSC Funds Restriction, but Senate Bill Differs with House-Passed Bill on Restrictions and Funding
Legal Services E-lert
Bibliographic Info:
Date: June 26, 2009
On June 25, 2009 the Senate Appropriations Committee approved the FY 2010 appropriations bill of the Commerce, Justice, Science and Related Agencies (CJS) subcommittee, after the bill passed the subcommittee on June 24th. The bill would appropriate $400 million in total funding for LSC in FY 2010, a $10 million increase from last year but $35 million below the President's FY 2010 request. In 1996, a set of restrictions was attached to federal LSC funding, and this year's Senate bill strikes the most onerous aspect of the restrictions, the extension of the set of restrictions to LSC grantees' state, local, and private funds. The bill does leave two pieces of this "non-LSC funds restriction" intact, prohibiting LSC grantees' use of non-LSC funds for: i) abortion-related proceedings or litigation and ii) representation of people in prison in civil matters.
The Senate bill was drafted by Senator Mikulski (D-MD), Chair of the Senate CJS Subcommittee. As recognized by Sen. Mikulski, removal of the non-LSC funds restriction would increase access to justice by enabling clients of LSC-funded attorneys to count on the same tools available to clients of private attorneys, and by increasing efficiencies in the delivery of legal services. To read more on the non-LSC funds restriction in a new Brennan Center report, click here.
The full House earlier approved its FY 2010 CJS appropriations bill on June 18, 2009, after the House CJS Subcommittee and full Appropriations Committee approved the bill on June 4th and June 9th, respectively. The House bill sets total funding level for LSC at $440 million, $40 million higher than the Senate's bill. The House bill would also lift the restriction that prohibits attorneys at LSC-funded programs from relying on either LSC funds or non-LSC funds to seek attorneys' fee awards. The House left all other restrictions in place, including the non-LSC funds restriction. Rep. Alan Mollohan (D-WV), Chair of the House CJS subcommittee, drafted the House bill, and the bill's increased funding level would provide a vitally needed boost, especially because the economic downturn has increased legal needs while reducing the availability of other legal services funding.
Once the Senate bill passes the full Senate, which will not happen until after the July 4th recess, the differences between the two bills will be reconciled by a conference committee. The conferees have yet to be named.
The Senate's consideration of the CJS bill followed editorials in this week's Washington Post and New York Times urging the Senate, and Sen. Mikulski in particular, to go further than the House did in its CJS appropriations bill by lifting the non-LSC funds restriction.
The Obama Administration (in its FY 2010 budget, released in May) expressed support for lifting the non-LSC funds restriction, the attorneys' fee award restriction, and the restriction prohibiting LSC grantees from participating in class actions. The Administration, in a "Statement of Administrative Policy" issued on June 16th, expressed frustration that the House had not voted to lift all three restrictions.