Private Attorney Involvement, 27339-27341 [2013-11071]

Download as PDF Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules 27339 45 CFR Part 1614 Washington, DC 20007; (202) 295–1500 (phone); 202–337–6519 (fax); or PAIRULEMAKING@lsc.gov. how to revise the PAI rule in a manner responsive to the Recommendation 2 of LSC’s Pro Bono Task Force Report. Private Attorney Involvement SUPPLEMENTARY INFORMATION: AGENCY: Legal Services Corporation. Notice of rulemaking workshops and request for expressions of interest in participating in the rulemaking workshops. I. Background Information ACTION: On January 26, 2013, the LSC Board of Directors (LSC Board) voted to authorize LSC to initiate rulemaking to consider revisions to 45 CFR part 1614, Private Attorney Involvement (PAI rule) to respond to Recommendation 2 of LSC’s Pro Bono Task Force, available at http://www.lsc.gov/sites/default/files/ LSC/lscgov4/ PBTF_%20Report_FINAL.pdf. The recommendation suggests LSC should reexamine the regulation in three areas: 1. Resources spent supervising and training law students, law graduates, deferred associates, and others should be counted toward grantees’ PAI obligations, especially in ‘‘incubator’’ initiatives; 2. Grantees should be allowed to spend PAI resources to enhance their screening, advice, and referral programs that often attract pro bono volunteers while serving the needs of low-income clients; and 3. LSC should reexamine the rule that mandates adherence to LSC grantee case handling requirements including that matters be accepted as grantee cases in order for programs to count toward PAI requirements. On April 14, 2013, the LSC Board voted to convene two Workshops in connection with the rulemaking. The Workshops will be held as a Webbroadcast via Internet connection (Webinar) from LSC’s Board meeting in Denver, Colorado on July 23, 2013, at the Warwick Denver Hotel, 1776 Grant St., Denver, Colorado 80203 from 1:30 p.m.–4:30 p.m. MDT, and on September 17, 2013, at the F. William McCalpin Conference Center, Legal Services Corporation Headquarters, 3333 K Street NW., Washington, DC 20007, from 1:30 p.m.–4:30 p.m. EDT. Participants are invited to attend in person, via Webinar, or telephonically via a conference bridgeline. Information about how to participate is available on LSC’s Web site at http://www.lsc.gov/informationrulemaking-workshops-re-lscs-privateattorney-involvement-pai-regulationand-request. III. Public Participation: Panelists and Open Comment LSC is inviting expressions of interest from the public to participate in either or both Workshops as a panelist. Expressions of interest in participating as a panelist should be submitted, in writing, to Mark Freedman, Senior Assistant General Counsel, Legal Services Corporation; via email to PAIRULEMAKING@lsc.gov; via fax to 202–337–6519; or by hard copy mailed to 3333 K Street NW., Washington, DC 20007. All expressions of interest for the first Workshop must be received by 5:30 p.m. EDT on June 25, 2013 and August 20, 2013 for the second Workshop. LSC will select panelists shortly thereafter and will inform all those who expressed interest whether or not they have been selected. The Workshops will be open to public observation, and portions of the Workshop will be open for public comment from in-person, Webinar, and telephone participants. Prior to the meeting, participants will be asked to register with LSC to ensure that sufficient arrangements can be made for their participation. Panelists and inperson participants are expected to cover their own expenses (travel, lodging, etc.). LSC may consider providing financial assistance to a panelist for whom travel costs would represent a significant hardship and barrier to participation. Any such person should so note in his/her expression of interest for LSC’s consideration. Through this notice, LSC is also opening a written comment period. LSC welcomes written comments during the comment period outlined below, under Submission of Comments, and will consider the comments received in the rulemaking process. LEGAL SERVICES CORPORATION The Legal Services Corporation (LSC) is conducting two Rulemaking Workshops (Workshops) and is requesting public comments on revising LSC’s Private Attorney Involvement (PAI) rule to respond to Recommendation 2 of LSC’s Pro Bono Task Force Report. The discussions in the Workshops and the other comments received will be considered in connection with rulemaking by LSC. LSC solicits expression of interest in participating as a panelist in the Workshops from the recipient community, the organized bar, pro bono organizations, and other interested parties. DATES: Expressions of interest in participating as a panelist must be received by 5:30 p.m. EDT on June 25, 2013 for the first Workshop, and August 20, 2013 for the second Workshop. Written comments recommending additions, deletions, or modifications to the Topics for Discussion, including relevant alternatives, in the Workshops, or written comments on revising LSC’s PAI rule, 45 CFR part 1614, to respond to Recommendation 2 of LSC’s Pro Bono Task Force Report must be received by 5:30 p.m. EDT on June 25, 2013 for consideration for discussion at the first Workshop, and August 20, 2013 for the second Workshop. The final agenda for the first Workshop will be published on July 18, 2013, and on September 12, 2013 for the second Workshop. All written comments on revising the PAI rule, 45 CFR part 1614, must be received by 5:30 p.m. EDT on October 17, 2013. ADDRESSES: Written comments submitted to LSC must be in .pdf format (if submitted electronically) and sent to PAIRULEMAKING@lsc.gov. If submitted via facsimile, or in hard copy, please address the comments to Mark Freedman, Senior Assistant General Counsel, Legal Services Corporation, 3333 K St NW., Washington, DC 20007; (202) 337–6519 (fax). Written comments sent by any other means, or received after the end of the comment period, may not be considered by LSC. FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Assistant General Counsel, Legal Services Corporation, 3333 K St. NW., rmajette on DSK2TPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:33 May 09, 2013 Jkt 229001 II. Nature of the Workshops Rulemaking workshops enable LSC to meet with interested parties to discuss, but not negotiate, LSC rules and regulations. The Workshops for the PAI rule will be meetings at which the panelists and participants hold open discussions to share ideas regarding PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 IV. Topics for Discussion The following three topics and items for discussion will be addressed during the Workshops and are the subjects on which LSC seeks written comments. Each topic is directly from Recommendation 2 of LSC’s Pro Bono Task Force Report. Members of the public are welcome to recommend additions, deletions, or modifications to these Topics for Discussion, including relevant alternatives, for LSC’s consideration through written comment prior to the Workshops or by participation in the first Workshop. Workshop panelists, and those wishing to make comments, may find E:\FR\FM\10MYP1.SGM 10MYP1 27340 Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules additional background information on each of these topics on the designated Workshops Web site at http:// www.lsc.gov/information-rulemakingworkshops-re-lscs-private-attorneyinvolvement-pai-regulation-and-request. Topic 1: LSC Pro Bono Task Force Recommendation 2(a)—Resources spent supervising and training law students, law graduates, deferred associates, and others should be counted toward grantees’ PAI obligations, especially in ‘‘incubator’’ initiatives. The Pro Bono Task Force identified several categories of pro bono volunteers as potential resources for LSC recipients to expand in the delivery of legal assistance. The Task Force noted that the LSC definition of ‘‘staff attorney,’’ which is based on a compensation scheme standard, is a barrier to full engagement by recipients of deferred associates, law students, and recent law school graduates. LSC welcomes a full discussion of engaging new categories of pro bono volunteers and of improvements to the PAI regulation that would facilitate that engagement. rmajette on DSK2TPTVN1PROD with PROPOSALS-1 Items for Discussion on Topic 1: • How are legal service providers engaging new categories of volunteers? What are the needs of these new categories of volunteers? • What are the obstacles to LSC grant recipients’ full use of these volunteers? • Should LSC implement conditions and guidelines to allow LSC recipients to claim PAI credit for the supervision and training of these volunteers? • How can LSC ensure against fraud, waste, or abuse related to implementing this recommendation? What caution should LSC exercise to ensure against any unintended consequences? • To the extent applicable, discuss how any approaches you recommend might be implemented. Topic 2: LSC Pro Bono Task Force Recommendation 2(b)—Grantees should be allowed to spend PAI resources to enhance their screening, advice, and referral programs that often attract pro bono volunteers while serving the needs of low-income clients. The Pro Bono Task Force identified the benefits of integrated intake and referral systems that link clients to volunteer attorneys. Resources used by recipients to staff these integrated systems have not traditionally been recognized as eligible for PAI funds. LSC welcomes a full discussion of the relationship between integrated intake and referral systems that link clients with pro bono volunteers and the use of PAI funds. VerDate Mar<15>2010 14:33 May 09, 2013 Jkt 229001 Items for Discussion on Topic 2: • How are recipients currently using integrated intake and referral systems? • Do LSC’s current PAI regulations inhibit full use of integrated intake and referral systems? • Should LSC implement conditions and guidelines to allow LSC recipients to claim PAI credit for the resources used to create and staff integrated intake and referral systems? • How can LSC ensure against fraud, waste or abuse related to implementing this recommendation? What caution should LSC exercise to ensure against any unintended consequences? • To the extent applicable, discuss your organization’s ability to execute any recommended approaches. Topic 3: LSC Pro Bono Task Force Recommendation 2(c)—LSC should reexamine the rule, as currently interpreted, that mandates adherence to LSC grantee case handling requirements, including that matters be accepted as grantee cases in order for programs to count toward PAI requirements. The Pro Bono Task Force encouraged brief service clinics in which pro bono volunteers rely on LSC recipients to provide technical assistance, research, advice, and counsel to the volunteers. If the recipient is not providing the client service, but is providing training to pro bono volunteers, the Pro Bono Task Force recommended that the resources the recipient uses to support the training be an eligible use for PAI funds, without obligating the pro bono volunteers to screen clients for LSC eligibility or requiring the recipient accept the people served by the clinics as its own clients. LSC welcomes a full discussion of the use of pro bono volunteers in such clinics and invites input on improvements to the existing regulations to facilitate such use. Items for Discussion on Topic 3: • How are recipients currently using or supporting pro bono volunteers in brief service clinics? • What are the obstacles to recipients’ use of pro bono volunteers in brief service clinics? • Should LSC implement conditions and guidelines to allow LSC recipients to claim PAI credit for the resources used to support volunteer attorneys staffing brief service clinics? • If LSC were to allow recipients to claim PAI credit for the resources used to support volunteer attorneys staffing brief service clinics under circumstances where the users of the clinics are not screened for LSC eligibility or accepted as clients of the PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 recipient, how could that change be implemented in a manner that ensures compliance with legal restrictions on recipients’ activities and uses of LSC funds? • How can LSC ensure against fraud, waste or abuse related to implementing this recommendation? What caution should LSC exercise to ensure against any unintended consequences? • To the extent applicable, discuss your organization’s ability to execute any recommended approaches. V. Submission of Comments Members of the public are invited to submit recommended additions, deletions, or modifications to the above described Topics for Discussion, including relevant alternatives, for LSC’s consideration, through written comment prior to the Workshops, or by participation in the first Workshop. Written comments received prior to the Workshops may be addressed in the Workshops. Written comments are requested by June 25, 2013 for LSC to consider including in the first Workshop discussion, and August 20, 2013 for the second Workshop discussion. Format of the Workshops LSC plans to host two Workshops to maximize the opportunity for participation. Both of the meetings will include a panel discussion of the Topics for Discussion in this notice. The first Workshop will also include discussion of any recommendations for additions, deletions, or modifications of these Topics for Discussion. Panelists will be selected to represent a diversity of opinions and perspectives. In addition to the panel, LSC encourages observation and participation by all interested individuals and organizations. The meeting agenda will include opportunities for individuals in attendance who are not members of the panel to participate in person, by webinar, or via telephone, as well as incorporating previously submitted written comments by those unable to attend. LSC plans to transcribe the meetings and make the webinar available on its Web site. LSC has developed a designated Web site for the purposes of these Workshops and will update it as information becomes available. The final agenda for the Workshops will be available on the LSC Web site for the Workshops approximately five days prior. The Web address is http://www.lsc.gov/ information-rulemaking-workshops-relscs-private-attorney-involvement-pairegulation-and-request. E:\FR\FM\10MYP1.SGM 10MYP1 Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Proposed Rules VI. Important Notes Information received in response to this Notice of Rulemaking Workshops and Request for Expressions of Interest in Participation in the Rulemaking Workshops may be published or summarized by LSC without acknowledgement of or permission from you or your organization. Furthermore, your responses may be releasable to the public under the LSC’s adoption of the Freedom of Information Act (FOIA), 42 U.S.C. 2996d, and the LSC FOIA regulation, 45 CFR part 1619. LSC, at its discretion, may request individual commenters to elaborate on information in their written comments. Comments sent by any method other than email to PAIRULEMAKING@lsc.gov, or hard copy to Mark Freedman, Senior Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, or received after the end of the comment period, may not be considered by LSC. Dated: May 6, 2013. Atitaya C. Rok, Staff Attorney. [FR Doc. 2013–11071 Filed 5–9–13; 8:45 am] BILLING CODE 7050–01–P LEGAL SERVICES CORPORATION 45 CFR Part 1614 Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts Legal Services Corporation. Request for information. AGENCY: ACTION: The Legal Services Corporation (LSC) is requesting public comments on issues associated with amending its regulations to align with the statutory authority granted to LSC under the Indian Arts and Crafts Amendment Act of 2010 (the IACAA). The IACAA amended the LSC Act to provide authority for LSC funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal courts. Previously, the LSC Act and related regulations permitted representation only in criminal matters involving misdemeanors or lesser offenses in tribal courts. The information received as a result of this request will be considered in rulemaking undertaken by LSC. DATES: Written comments must be received by August 23, 2013. ADDRESSES: Written comments must be submitted by mail, fax, or email to rmajette on DSK2TPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:33 May 09, 2013 Jkt 229001 Atitaya Rok at the addresses listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Atitaya Rok, Staff Attorney, Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; (202) 295–1500 (phone); 202–337–6831 (fax); or lscrulemaking@lsc.gov. SUPPLEMENTARY INFORMATION: I. Background Information A. New Statutory Authorities The IACAA amended the LSC Act to provide authority for LSC funds to be used by grantees to represent eligible persons in any and all criminal proceedings in tribal courts. Previously, the LSC Act and related regulations in 45 CFR part 1613 permitted representation only in criminal matters involving misdemeanors or lesser offenses in tribal courts. A subsection of the IACAA, known as the Tribal Law and Order Act of 2010, Public Law 111–211, tit. II, 124 Stat. 2261 (the TLOA), includes new authorizations related to tribal court criminal proceedings. The TLOA increases the maximum jail sentence that any tribal court may impose from one to three years for any single offense. Prior to the TLOA, crimes (felonies, misdemeanors, or less serious offenses) within tribal jurisdiction (those not reserved to federal or state jurisdiction) that could result in jail sentences of more than one year upon successful prosecution were often referred by tribes to federal or state courts because of the tribal courts’ inability to impose lengthier sentences. In order to use this new sentencing authority, tribes must ‘‘opt in’’ and implement affirmative preconditions detailed in the TLOA, including, but not limited to, ensuring that judges in tribal courts have sufficient legal training to preside over criminal proceedings; affording the defendant the right to effective assistance of counsel and, if a defendant is indigent, providing the defendant with a licensed defense attorney at the tribe’s expense; publishing the tribal government’s criminal laws and rules of evidence and criminal procedure; and creating a system that maintains records of criminal proceedings. Public Law 111– 211, tit. II, 124 Stat. at 2280. In addition to the IACAA and TLOA, the Violence Against Women Reauthorization Act of 2013, Public Law 113–4, 127 Stat. 54 (the 2013 VAWA expands tribal courts’ criminal jurisdiction to include crimes of domestic violence and dating violence PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 27341 committed by non-Indians within a tribal court’s jurisdiction. B. Current LSC Requirements LSC regulations currently reference the original language of the LSC Act, which explicitly carved out an exception to the general prohibition on the use of LSC funds in criminal proceedings for misdemeanors and lesser offenses in tribal courts: ‘‘[a] misdemeanor or lesser offense tried in an Indian tribal court is not a ‘criminal proceeding.’’ 45 CFR 1613.2. On November 12, 2012, LSC Management informed grantees via Program Letter 12–3 that all grantees may use LSC funds to assist any eligible person charged with any offense in a criminal proceeding in a tribal court until such time the LSC Board of Directors (LSC Board) made an affirmative decision on the issue. On January 26, 2013, the LSC Board authorized rulemaking to consider aligning the LSC regulations and the LSC Act. Pursuant to LSC’s Rulemaking Protocol, 67 FR 69763 (Nov. 19, 2002), a Rulemaking Options Paper (ROP) is under development. This Request for Information (RFI) is issued to better understand the impact of the IACAA, TLOA, and the 2013 VAWA on grantees that are active in tribal courts. II. Request for Information LSC requests information from members of the public with any expertise or experience relating to criminal proceedings in tribal courts, the impact of TLOA or the 2013 VAWA on criminal laws of tribal government, or tribal court appointments of lawyers. Commenters are asked to respond to these general topics of discussion: 1. Do you or your organization currently undertake representations of criminal defendants in tribal courts? a. If yes, please identify which tribal courts. b. If no, do you or your organization have a formal or informal policy in place to provide or decline such representations? c. Are you or your organization aware of any changes in the criminal laws of the tribal government and/or sentencing authority of the tribal courts that have been implemented in accordance with TLOA or the 2013 VAWA? 2. Do you or your organization anticipate undertaking representations of criminal defendants in tribal courts in the future? a. If yes, please identify which tribal courts. b. If no, will you or your organization create a formal or informal policy to provide or decline such representations? E:\FR\FM\10MYP1.SGM 10MYP1

Agencies

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27339-27341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11071]



[[Page 27339]]

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LEGAL SERVICES CORPORATION

45 CFR Part 1614


Private Attorney Involvement

AGENCY: Legal Services Corporation.

ACTION: Notice of rulemaking workshops and request for expressions of 
interest in participating in the rulemaking workshops.

-----------------------------------------------------------------------

SUMMARY: The Legal Services Corporation (LSC) is conducting two 
Rulemaking Workshops (Workshops) and is requesting public comments on 
revising LSC's Private Attorney Involvement (PAI) rule to respond to 
Recommendation 2 of LSC's Pro Bono Task Force Report. The discussions 
in the Workshops and the other comments received will be considered in 
connection with rulemaking by LSC. LSC solicits expression of interest 
in participating as a panelist in the Workshops from the recipient 
community, the organized bar, pro bono organizations, and other 
interested parties.

DATES: Expressions of interest in participating as a panelist must be 
received by 5:30 p.m. EDT on June 25, 2013 for the first Workshop, and 
August 20, 2013 for the second Workshop. Written comments recommending 
additions, deletions, or modifications to the Topics for Discussion, 
including relevant alternatives, in the Workshops, or written comments 
on revising LSC's PAI rule, 45 CFR part 1614, to respond to 
Recommendation 2 of LSC's Pro Bono Task Force Report must be received 
by 5:30 p.m. EDT on June 25, 2013 for consideration for discussion at 
the first Workshop, and August 20, 2013 for the second Workshop. The 
final agenda for the first Workshop will be published on July 18, 2013, 
and on September 12, 2013 for the second Workshop. All written comments 
on revising the PAI rule, 45 CFR part 1614, must be received by 5:30 
p.m. EDT on October 17, 2013.

ADDRESSES: Written comments submitted to LSC must be in .pdf format (if 
submitted electronically) and sent to PAIRULEMAKING@lsc.gov. If 
submitted via facsimile, or in hard copy, please address the comments 
to Mark Freedman, Senior Assistant General Counsel, Legal Services 
Corporation, 3333 K St NW., Washington, DC 20007; (202) 337-6519 (fax). 
Written comments sent by any other means, or received after the end of 
the comment period, may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K St. NW., 
Washington, DC 20007; (202) 295-1500 (phone); 202-337-6519 (fax); or 
PAIRULEMAKING@lsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background Information

    On January 26, 2013, the LSC Board of Directors (LSC Board) voted 
to authorize LSC to initiate rulemaking to consider revisions to 45 CFR 
part 1614, Private Attorney Involvement (PAI rule) to respond to 
Recommendation 2 of LSC's Pro Bono Task Force, available at http://www.lsc.gov/sites/default/files/LSC/lscgov4/PBTF_%20Report_FINAL.pdf. 
The recommendation suggests LSC should reexamine the regulation in 
three areas:
    1. Resources spent supervising and training law students, law 
graduates, deferred associates, and others should be counted toward 
grantees' PAI obligations, especially in ``incubator'' initiatives;
    2. Grantees should be allowed to spend PAI resources to enhance 
their screening, advice, and referral programs that often attract pro 
bono volunteers while serving the needs of low-income clients; and
    3. LSC should reexamine the rule that mandates adherence to LSC 
grantee case handling requirements including that matters be accepted 
as grantee cases in order for programs to count toward PAI 
requirements.
    On April 14, 2013, the LSC Board voted to convene two Workshops in 
connection with the rulemaking. The Workshops will be held as a Web-
broadcast via Internet connection (Webinar) from LSC's Board meeting in 
Denver, Colorado on July 23, 2013, at the Warwick Denver Hotel, 1776 
Grant St., Denver, Colorado 80203 from 1:30 p.m.-4:30 p.m. MDT, and on 
September 17, 2013, at the F. William McCalpin Conference Center, Legal 
Services Corporation Headquarters, 3333 K Street NW., Washington, DC 
20007, from 1:30 p.m.-4:30 p.m. EDT. Participants are invited to attend 
in person, via Webinar, or telephonically via a conference bridgeline. 
Information about how to participate is available on LSC's Web site at 
http://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.

II. Nature of the Workshops

    Rulemaking workshops enable LSC to meet with interested parties to 
discuss, but not negotiate, LSC rules and regulations. The Workshops 
for the PAI rule will be meetings at which the panelists and 
participants hold open discussions to share ideas regarding how to 
revise the PAI rule in a manner responsive to the Recommendation 2 of 
LSC's Pro Bono Task Force Report.

III. Public Participation: Panelists and Open Comment

    LSC is inviting expressions of interest from the public to 
participate in either or both Workshops as a panelist. Expressions of 
interest in participating as a panelist should be submitted, in 
writing, to Mark Freedman, Senior Assistant General Counsel, Legal 
Services Corporation; via email to PAIRULEMAKING@lsc.gov; via fax to 
202-337-6519; or by hard copy mailed to 3333 K Street NW., Washington, 
DC 20007. All expressions of interest for the first Workshop must be 
received by 5:30 p.m. EDT on June 25, 2013 and August 20, 2013 for the 
second Workshop. LSC will select panelists shortly thereafter and will 
inform all those who expressed interest whether or not they have been 
selected.
    The Workshops will be open to public observation, and portions of 
the Workshop will be open for public comment from in-person, Webinar, 
and telephone participants. Prior to the meeting, participants will be 
asked to register with LSC to ensure that sufficient arrangements can 
be made for their participation. Panelists and in-person participants 
are expected to cover their own expenses (travel, lodging, etc.). LSC 
may consider providing financial assistance to a panelist for whom 
travel costs would represent a significant hardship and barrier to 
participation. Any such person should so note in his/her expression of 
interest for LSC's consideration.
    Through this notice, LSC is also opening a written comment period. 
LSC welcomes written comments during the comment period outlined below, 
under Submission of Comments, and will consider the comments received 
in the rulemaking process.

IV. Topics for Discussion

    The following three topics and items for discussion will be 
addressed during the Workshops and are the subjects on which LSC seeks 
written comments. Each topic is directly from Recommendation 2 of LSC's 
Pro Bono Task Force Report. Members of the public are welcome to 
recommend additions, deletions, or modifications to these Topics for 
Discussion, including relevant alternatives, for LSC's consideration 
through written comment prior to the Workshops or by participation in 
the first Workshop.
    Workshop panelists, and those wishing to make comments, may find

[[Page 27340]]

additional background information on each of these topics on the 
designated Workshops Web site at http://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.
    Topic 1: LSC Pro Bono Task Force Recommendation 2(a)--Resources 
spent supervising and training law students, law graduates, deferred 
associates, and others should be counted toward grantees' PAI 
obligations, especially in ``incubator'' initiatives.
    The Pro Bono Task Force identified several categories of pro bono 
volunteers as potential resources for LSC recipients to expand in the 
delivery of legal assistance. The Task Force noted that the LSC 
definition of ``staff attorney,'' which is based on a compensation 
scheme standard, is a barrier to full engagement by recipients of 
deferred associates, law students, and recent law school graduates. LSC 
welcomes a full discussion of engaging new categories of pro bono 
volunteers and of improvements to the PAI regulation that would 
facilitate that engagement.

Items for Discussion on Topic 1:

     How are legal service providers engaging new categories of 
volunteers? What are the needs of these new categories of volunteers?
     What are the obstacles to LSC grant recipients' full use 
of these volunteers?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the supervision and training of 
these volunteers?
     How can LSC ensure against fraud, waste, or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss how any approaches you 
recommend might be implemented.
    Topic 2: LSC Pro Bono Task Force Recommendation 2(b)--Grantees 
should be allowed to spend PAI resources to enhance their screening, 
advice, and referral programs that often attract pro bono volunteers 
while serving the needs of low-income clients.
    The Pro Bono Task Force identified the benefits of integrated 
intake and referral systems that link clients to volunteer attorneys. 
Resources used by recipients to staff these integrated systems have not 
traditionally been recognized as eligible for PAI funds. LSC welcomes a 
full discussion of the relationship between integrated intake and 
referral systems that link clients with pro bono volunteers and the use 
of PAI funds.

Items for Discussion on Topic 2:

     How are recipients currently using integrated intake and 
referral systems?
     Do LSC's current PAI regulations inhibit full use of 
integrated intake and referral systems?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the resources used to create and 
staff integrated intake and referral systems?
     How can LSC ensure against fraud, waste or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss your organization's 
ability to execute any recommended approaches.
    Topic 3: LSC Pro Bono Task Force Recommendation 2(c)--LSC should 
reexamine the rule, as currently interpreted, that mandates adherence 
to LSC grantee case handling requirements, including that matters be 
accepted as grantee cases in order for programs to count toward PAI 
requirements.
    The Pro Bono Task Force encouraged brief service clinics in which 
pro bono volunteers rely on LSC recipients to provide technical 
assistance, research, advice, and counsel to the volunteers. If the 
recipient is not providing the client service, but is providing 
training to pro bono volunteers, the Pro Bono Task Force recommended 
that the resources the recipient uses to support the training be an 
eligible use for PAI funds, without obligating the pro bono volunteers 
to screen clients for LSC eligibility or requiring the recipient accept 
the people served by the clinics as its own clients. LSC welcomes a 
full discussion of the use of pro bono volunteers in such clinics and 
invites input on improvements to the existing regulations to facilitate 
such use.

Items for Discussion on Topic 3:

     How are recipients currently using or supporting pro bono 
volunteers in brief service clinics?
     What are the obstacles to recipients' use of pro bono 
volunteers in brief service clinics?
     Should LSC implement conditions and guidelines to allow 
LSC recipients to claim PAI credit for the resources used to support 
volunteer attorneys staffing brief service clinics?
     If LSC were to allow recipients to claim PAI credit for 
the resources used to support volunteer attorneys staffing brief 
service clinics under circumstances where the users of the clinics are 
not screened for LSC eligibility or accepted as clients of the 
recipient, how could that change be implemented in a manner that 
ensures compliance with legal restrictions on recipients' activities 
and uses of LSC funds?
     How can LSC ensure against fraud, waste or abuse related 
to implementing this recommendation? What caution should LSC exercise 
to ensure against any unintended consequences?
     To the extent applicable, discuss your organization's 
ability to execute any recommended approaches.

V. Submission of Comments

    Members of the public are invited to submit recommended additions, 
deletions, or modifications to the above described Topics for 
Discussion, including relevant alternatives, for LSC's consideration, 
through written comment prior to the Workshops, or by participation in 
the first Workshop.
    Written comments received prior to the Workshops may be addressed 
in the Workshops. Written comments are requested by June 25, 2013 for 
LSC to consider including in the first Workshop discussion, and August 
20, 2013 for the second Workshop discussion.

Format of the Workshops

    LSC plans to host two Workshops to maximize the opportunity for 
participation. Both of the meetings will include a panel discussion of 
the Topics for Discussion in this notice. The first Workshop will also 
include discussion of any recommendations for additions, deletions, or 
modifications of these Topics for Discussion. Panelists will be 
selected to represent a diversity of opinions and perspectives.
    In addition to the panel, LSC encourages observation and 
participation by all interested individuals and organizations. The 
meeting agenda will include opportunities for individuals in attendance 
who are not members of the panel to participate in person, by webinar, 
or via telephone, as well as incorporating previously submitted written 
comments by those unable to attend. LSC plans to transcribe the 
meetings and make the webinar available on its Web site.
    LSC has developed a designated Web site for the purposes of these 
Workshops and will update it as information becomes available. The 
final agenda for the Workshops will be available on the LSC Web site 
for the Workshops approximately five days prior. The Web address is 
http://www.lsc.gov/information-rulemaking-workshops-re-lscs-private-attorney-involvement-pai-regulation-and-request.

[[Page 27341]]

VI. Important Notes

    Information received in response to this Notice of Rulemaking 
Workshops and Request for Expressions of Interest in Participation in 
the Rulemaking Workshops may be published or summarized by LSC without 
acknowledgement of or permission from you or your organization. 
Furthermore, your responses may be releasable to the public under the 
LSC's adoption of the Freedom of Information Act (FOIA), 42 U.S.C. 
2996d, and the LSC FOIA regulation, 45 CFR part 1619. LSC, at its 
discretion, may request individual commenters to elaborate on 
information in their written comments.
    Comments sent by any method other than email to 
PAIRULEMAKING@lsc.gov, or hard copy to Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K Street NW., 
Washington, DC 20007, or received after the end of the comment period, 
may not be considered by LSC.

    Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013-11071 Filed 5-9-13; 8:45 am]
BILLING CODE 7050-01-P