83 FR 4826 - State Advisory Councils
LEGAL SERVICES CORPORATION Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4826-4827 | |
| FR Document | 2018-01733 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Proposed Rules] [Pages 4826-4827] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01733] [[Page 4825]] Vol. 83 Thursday, No. 22 February 1, 2018 Part III Legal Services Corporation ----------------------------------------------------------------------- 45 CFR Part 1603 State Advisory Councils and Requests for Documents and Testimony; Proposed Rules Federal Register / Vol. 83 , No. 22 / Thursday, February 1, 2018 / Proposed Rules [[Page 4826]] ----------------------------------------------------------------------- LEGAL SERVICES CORPORATION 45 CFR Part 1603 State Advisory Councils AGENCY: Legal Services Corporation. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This proposed rulemaking would remove the Legal Services Corporation's (LSC) regulation on state advisory councils. LSC believes this action is appropriate because the state advisory councils are no longer active and their oversight functions have been replaced adequately by other offices and processes established by Congress or LSC. Executive Orders 13563, ``Improving Regulation and Regulatory Review,'' and 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' direct agencies to review their existing regulations and repeal or revise any that are obsolete or unnecessarily burdensome. Although LSC is not an agency of the Federal government subject to either executive order, LSC regularly reviews its regulations and has determined that this regulation can be eliminated. DATES: Comments must be received by March 5, 2018. ADDRESSES: You may submit comments by any of the following methods:Federal Rulemaking Portal: Follow the instructions for submitting comments. Email: [email protected]. Include ``Part 1603 Rulemaking'' in the subject line of the message. Fax: (202) 337-6519. Mail: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007, ATTN: Part 1603 Rulemaking. Hand Delivery/Courier: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007, ATTN: Part 1603 Rulemaking. Instructions: LSC prefers electronic submissions via email with attachments in Acrobat PDF format. LSC will not consider written comments sent to any other address or received after the end of the comment period. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected]. SUPPLEMENTARY INFORMATION: I. Background Section 1004(f) of the Legal Services Corporation Act of 1974 required that ``within six months after the first meeting of the Board, the Board request the Governor of each State to appoint a nine-member advisory council for each state.'' 42 U.S.C. 2996c(f). If ninety days elapsed without the Governor's appointing the advisory council, then ``the Board [was] authorized to appoint such a council.'' Id. LSC implemented this statutory requirement in 1975 at 45 CFR part 1603. The state advisory councils' primary duty was to notify LSC of any ``apparent violation'' by a recipient. 45 CFR 1603.5. LSC defined ``apparent violation'' as ``a complaint or other written communication alleging facts which, if established, constitute a violation of the [LSC] Act, or any applicable rules, regulations or guidelines promulgated pursuant to the Act.'' Id. 1603.2(b). LSC met the requirements of section 1004(f) of the LSC Act by requesting state governors to appoint state advisory councils within the period established by the Act and part 1603. In 1976, 46 state advisory councils were in existence, but later reports reflect that many of these councils rarely, if ever, met. Letter from Suzanne B. Glasow, Senior Counsel for Operations and Regulations, Office of General Counsel, to Mike Sims, Office of Rep. Pete Laney at 1 (Sept. 19, 1989). By 1983, only six state advisory councils appeared to be operational and by 1989, only Colorado and Indiana had functioning state advisory councils. Id. To the best of LSC's knowledge, there currently are no active state advisory councils. Furthermore, LSC has no records of complaints forwarded from the state advisory councils. II. History of This Rulemaking In 2014, LSC's Office of the Inspector General (OIG) recommended that LSC either ensure that the state advisory councils are established and operational or rescind part 1603. LSC proposes to rescind part 1603 for four reasons: (1) LSC complied with the requirements of section 1004(f) of the LSC Act by requesting state governors to appoint state advisory councils within the period established by the Act and part 1603; (2) section 1004(f) of the LSC Act and part 1603 provide LSC with discretion to exercise or not exercise the option to appoint state councils; (3) to LSC's knowledge, there are no functioning state advisory councils; and (4) there are now numerous oversight mechanisms that fulfill the function of the state advisory councils. At its January 2015 meeting, the Operations and Regulations Committee (Committee) of LSC's Board of Directors (Board) recommended including the repeal of part 1603 on LSC's regulatory agenda, but made the initiative a low priority. On January 30, 2017, the President signed Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs.'' Through this Executive order, the President directed the heads of executive departments and agencies to identify at least two prior regulations to be repealed for each new regulation issued. By operation of the LSC Act, LSC is not an executive department or agency subject to the Executive order. 42 U.S.C. 2996d(e). Consistent with the intent of the Executive order to reduce unnecessary regulations, however, LSC prioritized the repeal of part 1603. Prior to initiating rulemaking, LSC conducted an analysis of the oversight mechanisms that have developed since the LSC Act was passed in 1974. LSC determined that the state advisory councils' oversight functions have been replaced adequately by other offices and processes established by Congress or LSC since 1974. Complainants not only have more audiences--including LSC's OIG, LSC's Office of Compliance and Enforcement (OCE), and state bodies--for their complaints, but they also have more vehicles for filing complaints, including by phone, postal mail, email, online, and through grantee grievance procedures. Furthermore, the OIG, OCE, and state bodies go beyond the state advisory committees' narrow role of collecting alleged violations by also investigating the allegations and using various tools to ensure grantee compliance. LSC's analysis of these existing oversight mechanisms is covered in greater detail in the Justification Memorandum for Rulemaking to Rescind 45 CFR part 1603--State Advisory Councils, available at www.lsc.gov/rulemaking. On April 23, 2017, the Committee approved Management's proposed 2017-2018 rulemaking agenda, which included rescinding 45 CFR part 1603 as a priority rulemaking item. On October 15, 2017, the Committee voted to recommend that the Board authorize LSC to begin rulemaking on part 1603. On October 17, 2017, the Board authorized LSC to begin rulemaking. On January 21, 2018, the Committee voted to recommend that the Board authorize publication of this NPRM. On January 23, 2018, the Board authorized publication of the NPRM with a 30-day comment period. III. Discussion of the Proposed Changes LSC proposes to remove part 1603. In an NPRM published elsewhere in this [[Page 4827]] issue of the Federal Register, LSC proposes to add to part 1603 a regulation governing requests for testimony and subpoenas for documents in cases to which LSC is not a party. List of Subjects in 45 CFR Part 1603 Advisory committees; Legal services. 0 For the reasons discussed in the preamble and under the authority of 42 U.S.C. 2996g(e), LSC proposes to remove 45 CFR part 1603. PART 1603--[REMOVED AND RESERVED] Dated: January 25, 2018. Stefanie K. Davis, Assistant General Counsel. [FR Doc. 2018-01733 Filed 1-31-18; 8:45 am] BILLING CODE 7050-01-P
![4826 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules
LEGAL SERVICES CORPORATION ‘‘within six months after the first (Board) recommended including the
meeting of the Board, the Board request repeal of part 1603 on LSC’s regulatory
45 CFR Part 1603 the Governor of each State to appoint a agenda, but made the initiative a low
nine-member advisory council for each priority.
State Advisory Councils state.’’ 42 U.S.C. 2996c(f). If ninety days On January 30, 2017, the President
AGENCY: Legal Services Corporation. elapsed without the Governor’s signed Executive Order 13771,
appointing the advisory council, then ‘‘Reducing Regulation and Controlling
ACTION: Notice of proposed rulemaking.
‘‘the Board [was] authorized to appoint Regulatory Costs.’’ Through this
SUMMARY: This proposed rulemaking such a council.’’ Id. LSC implemented Executive order, the President directed
would remove the Legal Services this statutory requirement in 1975 at 45 the heads of executive departments and
Corporation’s (LSC) regulation on state CFR part 1603. agencies to identify at least two prior
advisory councils. LSC believes this The state advisory councils’ primary regulations to be repealed for each new
action is appropriate because the state duty was to notify LSC of any ‘‘apparent regulation issued. By operation of the
advisory councils are no longer active violation’’ by a recipient. 45 CFR LSC Act, LSC is not an executive
and their oversight functions have been 1603.5. LSC defined ‘‘apparent department or agency subject to the
replaced adequately by other offices and violation’’ as ‘‘a complaint or other Executive order. 42 U.S.C. 2996d(e).
processes established by Congress or written communication alleging facts Consistent with the intent of the
LSC. Executive Orders 13563, which, if established, constitute a Executive order to reduce unnecessary
‘‘Improving Regulation and Regulatory violation of the [LSC] Act, or any regulations, however, LSC prioritized
Review,’’ and 13771, ‘‘Reducing applicable rules, regulations or the repeal of part 1603.
Regulation and Controlling Regulatory guidelines promulgated pursuant to the Prior to initiating rulemaking, LSC
Costs,’’ direct agencies to review their Act.’’ Id. 1603.2(b). conducted an analysis of the oversight
existing regulations and repeal or revise LSC met the requirements of section mechanisms that have developed since
any that are obsolete or unnecessarily 1004(f) of the LSC Act by requesting the LSC Act was passed in 1974. LSC
burdensome. Although LSC is not an state governors to appoint state advisory determined that the state advisory
agency of the Federal government councils within the period established councils’ oversight functions have been
subject to either executive order, LSC by the Act and part 1603. In 1976, 46 replaced adequately by other offices and
regularly reviews its regulations and has state advisory councils were in processes established by Congress or
determined that this regulation can be existence, but later reports reflect that LSC since 1974. Complainants not only
many of these councils rarely, if ever, have more audiences—including LSC’s
eliminated.
met. Letter from Suzanne B. Glasow, OIG, LSC’s Office of Compliance and
DATES: Comments must be received by Senior Counsel for Operations and Enforcement (OCE), and state bodies—
March 5, 2018. Regulations, Office of General Counsel, for their complaints, but they also have
ADDRESSES: You may submit comments to Mike Sims, Office of Rep. Pete Laney more vehicles for filing complaints,
by any of the following methods: at 1 (Sept. 19, 1989). By 1983, only six including by phone, postal mail, email,
• Federal Rulemaking Portal: Follow state advisory councils appeared to be online, and through grantee grievance
the instructions for submitting operational and by 1989, only Colorado procedures. Furthermore, the OIG, OCE,
comments. and Indiana had functioning state and state bodies go beyond the state
• Email: lscrulemaking@lsc.gov. advisory councils. Id. To the best of advisory committees’ narrow role of
Include ‘‘Part 1603 Rulemaking’’ in the LSC’s knowledge, there currently are no collecting alleged violations by also
subject line of the message. active state advisory councils. investigating the allegations and using
• Fax: (202) 337–6519. Furthermore, LSC has no records of various tools to ensure grantee
• Mail: Stefanie K. Davis, Assistant complaints forwarded from the state compliance. LSC’s analysis of these
General Counsel, Legal Services advisory councils. existing oversight mechanisms is
Corporation, 3333 K Street NW, covered in greater detail in the
Washington, DC 20007, ATTN: Part II. History of This Rulemaking
Justification Memorandum for
1603 Rulemaking. In 2014, LSC’s Office of the Inspector Rulemaking to Rescind 45 CFR part
• Hand Delivery/Courier: Stefanie K. General (OIG) recommended that LSC 1603—State Advisory Councils,
Davis, Assistant General Counsel, Legal either ensure that the state advisory available at www.lsc.gov/rulemaking.
Services Corporation, 3333 K Street NW, councils are established and operational On April 23, 2017, the Committee
Washington, DC 20007, ATTN: Part or rescind part 1603. LSC proposes to approved Management’s proposed
1603 Rulemaking. rescind part 1603 for four reasons: (1) 2017–2018 rulemaking agenda, which
Instructions: LSC prefers electronic LSC complied with the requirements of included rescinding 45 CFR part 1603 as
submissions via email with attachments section 1004(f) of the LSC Act by a priority rulemaking item. On October
in Acrobat PDF format. LSC will not requesting state governors to appoint 15, 2017, the Committee voted to
consider written comments sent to any state advisory councils within the recommend that the Board authorize
other address or received after the end period established by the Act and part LSC to begin rulemaking on part 1603.
of the comment period. 1603; (2) section 1004(f) of the LSC Act On October 17, 2017, the Board
FOR FURTHER INFORMATION CONTACT: and part 1603 provide LSC with authorized LSC to begin rulemaking. On
Stefanie K. Davis, Assistant General discretion to exercise or not exercise the January 21, 2018, the Committee voted
Counsel, Legal Services Corporation, option to appoint state councils; (3) to to recommend that the Board authorize
daltland on DSKBBV9HB2PROD with PROPOSALS3
3333 K Street NW, Washington, DC LSC’s knowledge, there are no publication of this NPRM. On January
20007; (202) 295–1563 (phone), (202) functioning state advisory councils; and 23, 2018, the Board authorized
337–6519 (fax), or sdavis@lsc.gov. (4) there are now numerous oversight publication of the NPRM with a 30-day
SUPPLEMENTARY INFORMATION: mechanisms that fulfill the function of comment period.
the state advisory councils.
I. Background At its January 2015 meeting, the III. Discussion of the Proposed Changes
Section 1004(f) of the Legal Services Operations and Regulations Committee LSC proposes to remove part 1603. In
Corporation Act of 1974 required that (Committee) of LSC’s Board of Directors an NPRM published elsewhere in this
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![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4827
issue of the Federal Register, LSC consider written comments sent to any proposes to remove the existing version
proposes to add to part 1603 a other address or received after the end of part 1603 pertaining to state advisory
regulation governing requests for of the comment period. councils. In its place, LSC proposes to
testimony and subpoenas for documents FOR FURTHER INFORMATION CONTACT: add this regulation.
in cases to which LSC is not a party. Stefanie K. Davis, Assistant General 1603.1 Scope, Purpose, and
List of Subjects in 45 CFR Part 1603 Counsel, 202–295–1563, sdavis@lsc.gov. Applicability
SUPPLEMENTARY INFORMATION:
Advisory committees; Legal services. LSC proposes to prescribe which
■ For the reasons discussed in the I. Background proceedings and employees will be
preamble and under the authority of 42 governed by the rule. All LSC
LSC proposes to create a new
U.S.C. 2996g(e), LSC proposes to employees, including former employees,
regulation, known as a Touhy
remove 45 CFR part 1603. members of the Board of Directors, and
regulation, that will establish a process
employees of the OIG, are governed by
by which litigants in cases where LSC
PART 1603—[REMOVED AND this rule concerning information
is not a party may obtain documents or
RESERVED] acquired during the performance of
testimony from LSC and its employees.
official duties or because of such
Arising from the Supreme Court’s
Dated: January 25, 2018. person’s official capacity with LSC. This
decision in U.S. ex rel Touhy v. Ragen,
Stefanie K. Davis, rule applies to all non-federal litigants
340 U.S. 462 (1951), Touhy regulations
Assistant General Counsel. in civil, criminal, or administrative
define agencies’ procedures for
[FR Doc. 2018–01733 Filed 1–31–18; 8:45 am] proceedings to which LSC is not a party.
responding to document or testimony
Congress created LSC through the
BILLING CODE 7050–01–P requests, as well as individual agency
Legal Services Corporation Act, 42
employees’ obligation to follow such
U.S.C. 2996 et seq. and appropriates
procedures.
LEGAL SERVICES CORPORATION funds for LSC annually. See, e.g.,
Between 2013 and 2017, LSC and its
Consolidated Appropriations Act, 2017,
Office of the Inspector General (OIG)
45 CFR Part 1603 Public Law 115–31, 131 Stat. 135
received several subpoenas and requests
(2017). These funds are appropriated for
Requests for Documents and for testimony or documents, but did not
LSC to fulfill its congressionally-
Testimony have internal or external guidance in
mandated mission. Therefore, it is
place regarding such requests. At the
AGENCY: Legal Services Corporation. appropriate to mirror traditional federal
OIG’s recommendation, LSC added
entities in creating LSC’s Touhy
ACTION: Notice of proposed rulemaking. rulemaking on requests for documents
regulation.
and testimony to its rulemaking agenda
SUMMARY: The Legal Services in 2015. On October 15, 2017, the 1603.2 Definitions
Corporation (LSC) proposes to create a Operations and Regulations Committee
rule governing subpoenas and requests LSC proposes to define the following
(Committee) of LSC’s Board of Directors terms.
for LSC documents and testimony by (Board) voted to recommend that the Certify: LSC proposes to define this
non-federal litigants in cases in which Board authorize rulemaking on part term to mean that it will authenticate
LSC is not a party. Currently, LSC has 1603. On October 17, 2017, the Board copies of any document produced by
no internal or external procedures in authorized LSC to begin rulemaking. affixing its seal to the document.
place to process such requests. This rule Regulatory action is justified for four Employee: LSC proposes to define this
provides the public with guidance on reasons. First, a Touhy regulation will term to include current and former
where to send requests and establishes promote efficiency and timeliness by employees of LSC and the OIG, as well
procedures by which those requests will identifying those LSC officials with the as members of its Board of Directors.
be processed. authority to respond to requests or LSC: Consistent with the § 1602.2
DATES: Comments must be received by subpoenas for documents or testimony definition, LSC refers to both the Legal
March 5, 2018. and establishing a procedure for LSC’s Services Corporation and the LSC Office
ADDRESSES: You may submit comments consideration of such requests. Second, of the Inspector General, unless
by any of the following methods: it will minimize the possibility of otherwise specified.
• Federal Rulemaking Portal: Follow involving LSC in controversies not Testify and testimony: LSC proposes
the instructions for submitting related to its functions. Third, it will to define these terms to mean written or
comments. prevent the misuse of LSC’s employees oral statements made under oath before
• Email: lscrulemaking@lsc.gov. as involuntary expert witnesses for any tribunal or official body.
Include ‘‘Touhy Rulemaking’’ in the private interests or as inappropriate
subject line of the message. expert witnesses as to the state of the 1603.3 What is LSC’s policy on
• Fax: (202) 337–6519. law. Fourth, it will maintain LSC’s presentation of testimony and
• Mail: Stefanie K. Davis, Assistant impartiality toward private litigants. production of documents?
General Counsel, Legal Services On January 21, 2018, the Committee LSC proposes to prohibit current and
Corporation, 3333 K Street NW, voted to recommend that the Board former employees from providing
Washington, DC 20007, ATTN: Touhy approve this notice of proposed documents or testimony in response to
Rulemaking. rulemaking (NPRM) for publication. On requests covered by this rule without
daltland on DSKBBV9HB2PROD with PROPOSALS3
• Hand Delivery/Courier: Stefanie K. January 23, 2018, the Board accepted prior authorization from the General
Davis, Assistant General Counsel, Legal the Committee’s recommendation and Counsel or OIG Legal Counsel.
Services Corporation, 3333 K Street NW, voted to approve publication of this
Washington, DC 20007, ATTN: Touhy 1603.4 How does a person request
NPRM with a 30-day comment period.
Rulemaking. voluntary testimony from an employee?
• Instructions: LSC prefers electronic II. Discussion of Proposed Rule LSC proposes to require parties to
submissions via email with attachments In an NPRM published elsewhere in submit requests for testimony from LSC
in Acrobat PDF format. LSC will not this issue of the Federal Register, LSC employees to its General Counsel as
VerDate Sep<11>2014 20:53 Jan 31, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\01FEP3.SGM 01FEP3](https://thefederalregister.org/doc/83_FR_4848/page/2.svg)
Document Created: 2018-10-26 13:45:58
Document Modified: 2018-10-26 13:45:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments must be received by March 5, 2018. | |
| Contact | Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC 20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected] | |
| FR Citation | 83 FR 4826 |
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