Recipients are reminded that 45 CFR Part 1627 applies to all grant funds received from LSC: Basic Field, Native American, Migrant, Pro Bono Innovation Fund, and Technology Initiative Grants.  All LSC grant recipients should review the provisions of 45 CFR Part 1627.  Subgrants are also subject to restrictions set forth in 45 CFR Part 1610. This regulation implements statutory restrictions on the use of non-LSC funds by LSC recipients. 

In 2014, we revised 45 CFR Part 1614, the regulation governing, among other things, our Private Attorney Involvement rule, activities, and allocations. The revised rule came into effect on November 14, 2014 and is available at the Federal Register website.

Further, the provisions of 45 CFR § 1627.5(d), regarding restrictions on non-LSC funds of entities receiving transfers of LSC funds, contains the following exception regarding transfers that are solely for PAI activities:

The prohibitions and requirements set forth in 45 CFR Part 1610 apply only to the subgranted funds when the subrecipient is a bar association, pro bono program, private attorney or law firm, or other entity that receives a subgrant for the sole purpose of funding private attorney involvement activities (PAI) pursuant to 45 CFR Part 1614.

Applicants are reminded that, pursuant to 45 CFR § 1627.4(e), recipients are responsible for ensuring that subrecipients comply with the financial and audit provisions of the Corporation.  Additionally, pursuant to 45 CFR § 1627.4(e)(3), recipients are responsible for repaying the Corporation for any disallowed expenditures by a subrecipient, irrespective of whether the Recipient is able to recover such expenditures from the subrecipient. Grantees should also refer to the LSC Financial Guide, effective January 1, 2023, for updated subgrant-related fiscal guidance.

LSC grantees are required to perform an annual subgrant risk assessment to determine the level of monitoring, oversight, timing, and frequency of onsite visits to subgrantees to ensure the proper accountability and compliance with program and financial requirements and the terms and conditions of the subgrant. LSC does not prescribe the process; however, grantees should refer to the footnote to Section 3.8.1 of the LSC Financial Guide for more information.

Pursuant to 45 CFR § 1627.4(b)(5), a substantial change in the work program of a subgrant or an increase or decrease in funding of more than 10% requires LSC approval.  Minor changes in the work program or changes in funding of less than 10% do not require approval, but LSC must be informed of such changes in writing.  Each recipient’s LSC Grants home page includes a “Request Modification” button for each LSC-approved subgrant.  Recipients must utilize the LSC Grants system to request LSC’s approval for, or to notify LSC of, proposed changes to a subgrant.  Any such requests or notifications submitted by hard copy or email will be returned.

The accuracy of CSR reporting is critical, and recipients must ensure that each subrecipient that is performing case work has a copy of the CSR Handbook (2017 Ed.).  Recipients must ensure that subrecipients fully comply with CSR reporting guidelines.