Legal Services Corporation Act Amendments of 1980

(Measure passed Senate, amended, roll call #209 (55-14))

Legal Services Corporation Act Amendments of 1980 - Amends the Legal Services Corporation Act to authorize appropriations to carry out the activities of the Legal Services Corporation in the amount of $321,300,000 for fiscal year 1981 and necessary sums for fiscal year 1982.

Directs the Legal Services Corporation to make available any of its publications without charge to Members of Congress.

Requires any award of attorney fees received by recipients of the Corporation to be transferred to the U.S. Treasury general fund as miscellaneous receipts.

Prohibits the Corporation from providing legal assistance with respect to any litigation which relates to abortion, the performance of which is prohibited by law enacted by Congress (current law prohibits the Corporation from providing assistance with respect to nontherapeutic abortions).

Prohibits the Corporation from providing legal assistance with respect to any litigation intending to prevent construction or activity on the grounds of alleged violations of the National Environmental Policy Act, the Endangered Species Act, or the Clean Air Act, unless such litigation involves an eligible client having a direct interest.

Directs the Corporation to reduce funding to a recipient and/or take appropriate disciplinary action upon finding that any employee of a recipient has engaged in lobbying activities in violation of this Act or outreach community education or client solicitation in violation of the Act, the Code of Professional Responsibility, or the Canons of Ethics.

Requires the Corporation to encourage recipients to develop, with appropriate bar associations, programs designed to provide voluntary legal services by private attorneys.

Authorizes the Corporation to establish a pilot program in one State during fiscal years 1981 and 1982 to demonstrate the effectiveness of private attorney participation. Provides that at least 65 percent of the total funds available for a county with a population of 150,000 or less be used for legal assistance provided by the private bar and at least 15 percent of such funds with respect to a county with over 150,000 population.

Authorizes the payment of fees and other expenses to prevailing parties in administrative adjudications and civil actions brought by or against the United States in certain circumstances.

Excludes from the definition of "party" for purposes of such payments: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorported business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth.

Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust.

Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy.

Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments.

Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court.

Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees).

Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.

Makes this provision applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment.