[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Page 30899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12460]


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LEGAL SERVICES CORPORATION


Extension of Comment Period for Proposed Changes to LSC Grant 
Assurances for Calendar Year 2015 Funding

AGENCY: Legal Services Corporation.

ACTION: Notice of extended comment period for the proposed LSC 2015 
Grant Assurances.

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SUMMARY: The Legal Services Corporation (``LSC'') is extending the 
public comment period for the proposed LSC 2015 Grant Assurances. The 
extended comment period is applicable only to Grant Assurances 10 and 
11. The proposed LSC grant assurances for calendar year 2015 funding, 
in redline format indicating the proposed changes to the current ``LSC 
2014 Grant Assurances,'' are available at http://grants.lsc.gov/sites/default/files/Grants/ReferenceMaterials/2015-GrantAssurances-Proposed.pdf.

DATES: All comments and recommendations must be received on or before 
the close of business on June 20, 2014.

ADDRESSES: Written comments may be submitted by mail, email, or fax to 
Reginald J. Haley, Office of Program Performance, Legal Services 
Corporation, 3333 K Street NW., Washington, DC 20007; 
[email protected]; or (202) 337-6813 (fax). Comments may also 
be submitted online at http://www.lsc.gov/contact-us.

FOR FURTHER INFORMATION CONTACT: Reginald J. Haley, [email protected], 
(202) 295-1545.

SUPPLEMENTARY INFORMATION: In response to recent requests, LSC is 
extending the comment period for changes proposed for grant assurances 
10 and 11. The deadline for comments regarding proposed changes to all 
other grant assurances remains May 30, 2014.
    Grant Assurance 10 requires LSC recipients to give LSC and 
the U.S. Comptroller General access to records they are entitled to 
under the provisions of the LSC Act and other applicable law. The 
proposed change to the grant assurance requires LSC recipients to 
provide access to records in accordance with Federal law.
    Grant Assurance 11 requires LSC recipients to provide LSC, 
federal agencies, and other auditing or monitoring entities access to 
financial records, time records, retainer agreements, client trust fund 
and eligibility records, and client names. As with Grant Assurance 
10, the proposed change to the grant assurance requires LSC 
recipients to provide access to these records in accordance with 
Federal law.
    As part of the grant certifications, LSC has required since 2009 
that all applicants for funding consent to the exclusive jurisdiction 
of the U.S. District Court for the District of Columbia, which is 
within the D.C. Circuit. The proposed revisions to Grant Assurances 10 
and 11 are based on the decision of the United States Court of Appeals 
for the District of Columbia Circuit in United States v. California 
Rural Legal Assistance, 722 F.3d 424 (D.C. Cir. 2013), which involved 
an action to enforce a subpoena for documents held by an LSC recipient. 
The question before the court was ``whether, and[,] if so, which[,] 
California state privileges and protections apply.'' Id. at 427. The 
court decided that ``the answer to the `whether' issue is `no'. . . .'' 
Id. The decision was based entirely on federal law; the court found it 
unnecessary to consider the nature and extent of the California laws 
and rules on privileges and protections. The DC Circuit held that 
``[f]ederal law and not state law governs.'' Id.
    Under the court's decision, the laws and rules of other states are 
similarly inapplicable. The court specifically considered the LSC Act 
and concluded that ``Congress has made abundantly clear its intention 
to regulate the federal programs funded through LSC according to 
federal and not California standards.'' Id. at 428.

    Dated: May 23, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014-12460 Filed 5-28-14; 8:45 am]
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