[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1606.2]



[Page 382-383]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1606_TERMINATION AND DEBARMENT PROCEDURES; RECOMPETITION--Table 

of Contents

 

Sec. 1606.2  Definitions.



    For the purposes of this part:

    (a) Debarment means an action taken by the Corporation to exclude a 

recipient from receiving an additional award of financial assistance 

from the Corporation or from receiving additional LSC funds from another 

recipient of the Corporation pursuant to a subgrant, subcontract or 

similar agreement, for the period of time stated in the final debarment 

decision.

    (b) Knowing and willful means that the recipient had actual 

knowledge of the fact that its action or lack thereof constituted a 

violation and despite such knowledge, undertook or failed to undertake 

the action.

    (c) Recipient means any grantee or contractor receiving financial 

assistance from the Corporation under section 1006(a)(1)(A) of the LSC 

Act.

    (d)(1) Termination means that a recipient's level of financial 

assistance under its grant or contract with the Corporation will be 

reduced in whole or in part prior to the expiration of the term of a 

recipient's current grant or contract. A partial termination will affect 

only the recipient's current year's funding, unless the Corporation 

provides otherwise in the final termination decision.

    (2) A termination does not include:

    (i) A reduction of funding required by law, including a reduction in 

or rescission of the Corporation's appropriation that is apportioned 

among all recipients of the same class in proportion to their current 

level of funding;



[[Page 383]]



    (ii) A reduction or deduction of LSC support for a recipient under 

the Corporation's fund balance regulation at 45 CFR part 1628;

    (iii) A recovery of disallowed costs under the Corporation's 

regulation on costs standards and procedures at 45 CFR part 1630;

    (iv) A withholding of funds pursuant to the Corporation's Private 

Attorney Involvement rule at 45 CFR Part 1614; or

    (v) A reduction of funding of less than 5 percent of a recipient's 

current annual level of financial assistance imposed by the Corporation 

in accordance with regulations promulgated by the Corporation. No such 

reduction shall be imposed except in accordance with regulations 

promulgated by the Corporation.