
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2996b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER X--LEGAL SERVICES CORPORATION
 
Sec. 2996b. Legal Services Corporation


(a) Establishment; purpose

    There is established in the District of Columbia a private 
nonmembership nonprofit corporation, which shall be known as the Legal 
Services Corporation, for the purpose of providing financial support for 
legal assistance in noncriminal proceedings or matters to persons 
financially unable to afford legal assistance.

(b) Principal office; agent for service of process

    The Corporation shall maintain its principal office in the District 
of Columbia and shall maintain therein a designated agent to accept 
service of process for the Corporation. Notice to or service upon the 
agent shall be deemed notice to or service upon the Corporation.

(c) Status of Corporation under tax laws

    The Corporation, and any legal assistance program assisted by the 
Corporation, shall be eligible to be treated as an organization 
described in section 170(c)(2)(B) of title 26 and as an organization 
described in section 501(c)(3) of title 26 which is exempt from taxation 
under section 501(a) of title 26. If such treatments are conferred in 
accordance with the provisions of title 26, the Corporation, and legal 
assistance programs assisted by the Corporation, shall be subject to all 
provisions of title 26 relevant to the conduct of organizations exempt 
from taxation.

(Pub. L. 88-452, title X, Sec. 1003, as added Pub. L. 93-355, Sec. 2, 
July 25, 1974, 88 Stat. 379; amended Pub. L. 99-514, Sec. 2, Oct. 22, 
1986, 100 Stat. 2095.)


                               Amendments

    1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'' wherever appearing, 
which for purposes of codification was translated as ``title 26'' thus 
requiring no change in text.


            Transition to Legal Services Corporation Program

    Section 3(a)-(d)(1), (e) of Pub. L. 93-355 provided that:
    ``(a) Notwithstanding any other provision of law, effective ninety 
days after the date of the first meeting of the Board of Directors of 
the Legal Services Corporation established under the Legal Services 
Corporation Act (title X of the Economic Opportunity Act of 1964, as 
added by this Act) [this subchapter], the Legal Services Corporation 
shall succeed to all rights of the Federal Government to capital 
equipment in the possession of legal services programs or activities 
assisted pursuant to section 222(a)(3), 230, 232 [sections 2809(a)(3), 
2823, and 2825 of this title], or any other provision of the Economic 
Opportunity Act of 1964 [this chapter].
    ``(b) Within ninety days after the first meeting of the Board, all 
assets, liabilities, obligations, property, and records as determined by 
the Director of the Office of Management and Budget, in consultation 
with the Director of the Office of Economic Opportunity [now the 
Director of the Office of Community Services] or the head of any 
successor authority, to be employed directly or held or used primarily, 
in connection with any function of the Director of the Office of 
Economic Opportunity or the head of any successor authority in carrying 
out legal services activities under the Economic Opportunity Act of 1964 
[this chapter], shall be transferred to the Corporation. Personnel 
transferred to the Corporation from the Office of Economic Opportunity 
or any successor authority shall be transferred in accordance with 
applicable laws and regulations, and shall not be reduced in 
compensation for one year after such transfer, except for cause. The 
Director of the Office of Economic Opportunity or the head of any 
successor authority shall take whatever action is necessary and 
reasonable to seek suitable employment for personnel who do not transfer 
to the Corporation.
    ``(c) Collective-bargaining agreements in effect on the date of 
enactment of this Act [July 25, 1974], covering employees transferred to 
the Corporation shall continue to be recognized by the Corporation until 
the termination date of such agreements, or until mutually modified by 
the parties.
    ``(d)(1) Notwithstanding any other provision of law, the Director of 
the Office of Economic Opportunity [now the Director of the Office of 
Community Services] or the head of any successor authority shall take 
such action as may be necessary, in cooperation with the president of 
the Legal Services Corporation, including the provision (by grant or 
otherwise) of financial assistance to recipients and the Corporation and 
the furnishing of services and facilities to the Corporation--
        ``(A) to assist the Corporation in preparing to undertake, and 
    in the initial undertaking of, its responsibilities under this title 
    [this subchapter];
        ``(B) out of appropriations available to him, to make funds 
    available to meet the organizational and administrative expenses of 
    the Corporation;
        ``(C) within ninety days after the first meeting of the Board, 
    to transfer to the Corporation all unexpended balances of funds 
    appropriated for the purpose of carrying out legal services programs 
    and activities under the Economic Opportunity Act of 1964 [this 
    chapter] or successor authority; and
        ``(D) to arrange for the orderly continuation by such 
    Corporation of financial assistance to legal services programs and 
    activities assisted pursuant to the Economic Opportunity Act of 1964 
    [this chapter] or successor authority.
Whenever the Director of the Office of Economic Opportunity or the head 
of any successor authority determines that an obligation to provide 
financial assistance pursuant to any contract or grant for such legal 
services will extend beyond six months after the date of enactment of 
this Act [July 25, 1974], he shall include, in any such contract or 
grant, provisions to assure that the obligation to provide such 
financial assistance may be assumed by the Legal Services Corporation, 
subject to such modifications of the terms and conditions of such 
contract or grant as the Corporation determines to be necessary.
    ``(2) [Omitted. Provided for the repeal of section 2809(a)(3) of 
this title.]
    ``(e) There are authorized to be appropriated for the fiscal year 
ending June 30, 1975, such sums as may be necessary for carrying out 
this section.''
