[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Proposed Rules]
[Page 66814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21942]


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LEGAL SERVICES CORPORATION

45 CFR Part 1631


Expenditure of Grant Funds

AGENCY: Legal Services Corporation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This Notice of Proposed Rulemaking (NPRM) proposes to delete 
in its entirety of the Legal Services Corporation's regulation at 45 
CFR part 1631, Expenditure of Grant Funds. The proposed deletion is 
warranted because the statutory authority for part 1631 is no longer 
the prevailing rule of law.

DATES: Comments on this NPRM are due on December 5, 2005.

ADDRESSES: Written comments may be submitted by mail, fax or e-mail to 
Mattie C. Condray at the addresses listed below.

FOR FURTHER INFORMATION CONTACT: Mattie C. Condray, Senior Assistant 
General Counsel, Office of Legal Affairs, Legal Services Corporation, 
3333 K Street, NW., Washington DC 20007; 202-295-1624 (ph); 202-337-
6519 (fax); [email protected].

SUPPLEMENTARY INFORMATION: Part 1631 provides that LSC grant recipients 
may not expend LSC funds except as in accordance with the restrictions 
and provisions contained in the Corporation's Fiscal Year 1986 
appropriations measure (Pub. L. 99-180, 99 Stat. 1136), unless such 
funds are expended pursuant to a waiver from the Corporation. Part 1631 
was promulgated in 1986 in response to Congressional concerns that some 
pre-1982 funds were being held by recipients and spent on activities 
which were not prohibited at the time the funds were appropriated, but 
which were later prohibited (and on which recipients could not spend 
currently appropriated funds). 51 FR 24826 (July 9, 1986).
    In 2005, there is no longer any concern that recipients have any 
pre-1982 funds to spend. In addition, in 1996, Congress adopted new 
restrictions and provisions applicable to recipients of LSC funds which 
supersede the restrictions in Public Law 99-180. Public Law 104-134, 
110 Stat. 1321. These restrictions have been incorporated by reference 
in each subsequent appropriation, including the current appropriation. 
Public Law 108-447, 118 Stat. 2809. These restrictions have been 
separately incorporated into LSC's regulations and removal of part 1631 
will have no effect on the later restrictions and provisions imposed by 
Pub. L. 104-134. See, e.g., 45 CFR part 1610.
    As part 1631 is now obsolete, LSC believes it is appropriate at 
this time to delete part 1631 in its entirety. LSC believes this action 
will streamline LSC's regulations and avoid any potential confusion the 
continued existence of part 1631 might create. Accordingly, LSC 
proposes to remove and reserve part 1631 from Chapter XVI of Title 45 
of the Code of Federal Regulations.

PART 1631--[REMOVED AND RESERVED]

    For reasons set forth above, and under the authority of 42 U.S.C. 
2996g(e), LSC proposes to remove and reserve 45 CFR Part 1631.

Victor M. Fortuno,
General Counsel and Vice President for Legal Affairs.
[FR Doc. 05-21942 Filed 11-2-05; 8:45 am]
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