[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41964-41965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20416]
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LEGAL SERVICES CORPORATION
45 CFR Part 1632
Redistricting
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule completely revises the Legal Services
Corporation's (``LSC'' or ``Corporation'') regulation on redistricting
to implement a new restriction contained in the Corporation's FY 1996
appropriations act, which extends the rule's prohibition on
redistricting activities to funds formerly unrestricted. Although this
rule is effective upon publication, the Corporation solicits public
comment on the interim rule in anticipation of adoption of a final rule
at a later time.
DATES: This interim rule is effective on August 13, 1996. Comments must
be submitted on or before September 12, 1996.
ADDRESSES: Comments should be submitted to the Office of the General
Counsel, Legal Services Corporation, 750 First Street, NE, 11th Floor,
Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, General Counsel, at
(202) 336-8910.
SUPPLEMENTARY INFORMATION: The LSC regulation on redistricting that is
revised by this interim rule allowed recipients to use some non-LSC
funds on redistricting activities. Section 504(a)(1) of the
Corporation's Fiscal Year 1996 appropriations act, Public Law 104-134,
110 Stat. 1321 (1996), prohibits the Corporation from providing
financial assistance to any person or entity (``recipient'') that makes
available any funds, personnel or equipment for use in advocating or
opposing any plan, proposal or litigation that is intended to or has
the effect of altering, revising or reapportioning a legislative,
judicial or elective district at any level of government, including
influencing the timing or manner of the taking of a census. This
legislative restriction prohibits recipient involvement in
redistricting activities, regardless of the source of funds used for
such activities.
On May 19, 1996, the Operations and Regulations Committee
(``Committee'') of the Corporation's Board of Directors (``Board'')
requested LSC staff to prepare
[[Page 41965]]
an interim rule to implement the new restriction on redistricting
activities. The Committee held hearings on staff proposals on July 8
and 19, and the Board adopted this interim rule on July 20 for
publication in the Federal Register. The Committee recommended and the
Board agreed to publish this rule as an interim rule. An interim rule
is necessary in order to provide prompt and critically necessary
guidance to LSC recipients on legislation which is already effective
and which carries strong penalties for noncompliance. Because of the
great need for guidance on how to comply with substantially revised
legislative requirements, prior notice and public comment are
impracticable, unnecessary, and contrary to the public interest. See 5
U.S.C. 553(b)(3)(B) and 553(d)(3). Accordingly, this rule is effective
upon publication.
However, the Corporation also solicits public comment on the rule
for review and consideration by the Committee and Board. The Committee
intends to hold public hearings to discuss written comments received by
the Corporation and to hear oral comments. It is anticipated that a
final rule will be issued which will supersede this interim rule.
A section by section discussion of the interim rule is provided
below.
Section 1632.1 Purpose
The purpose section has been revised to reflect an intent to
implement the new statutory restrictions on involvement of LSC
recipients in redistricting activities. The prior rule was not based on
any express statutory restriction, but on policies adopted by a former
board of directors.
Section 1632.2 Definitions
Section 1632.2 is amended by revising the definition of
``redistricting'' and adding paragraph designations to the definitions.
The change to the definition is not substantive and the revisions are
only intended to track more closely the statutory restriction contained
in the Corporation's FY 1996 appropriations act.
Section 1632.3 Prohibition
The prohibition in paragraph (a) has been revised to track the
statutory restriction in the Corporation's appropriations act. Also,
some language which simply restates the definition of redistricting has
been deleted since its repetition is confusing and unnecessary.
Paragraph (b) clarifies that not all litigation brought under the
Voting Rights Act of 1965 is prohibited. Only litigation which involves
redistricting activities as defined by this rule is prohibited. This
provision was set out in Sec. 1632.4(a) of the prior rule.
Section 1632.4 Recipient Policies
Section 1632.4 requires recipients to adopt written policies to
implement the requirements of this part.
Miscellaneous Changes
All provisions of the prior Sec. 1632.4 on permissible activity
have been deleted. Paragraph (a) of the prior rule, on litigation
brought under the Voting Rights Act, has been moved and is now included
in Sec. 1632.3. Paragraph (b) of the prior rule was deleted because it
was contrary to current law and it would have allowed a recipient to
use some non-LSC funds for redistricting activities. Such use of non-
LSC funds is now prohibited by this interim rule as required by LSC's
appropriations act. Finally, paragraphs (c) and (d) in the prior rule
were deleted because they simply restate law that is already reflected
in other regulations.
List of Subjects in 45 CFR Part 1632
Grant programs-law, Legal services.
For reasons set forth in the preamble, 45 CFR part 1632 is revised
to read as follows.
PART 1632--REDISTRICTING
Sec.
1632.1 Purpose.
1632.2 Definitions.
1632.3 Prohibition.
1632.4 Recipient policies.
Authority: 42 U.S.C. 2996e(b)(1)(A); 2996f(a)(2)(C);
2996f(a)(3); 2996(g)(e); 110 Stat. 1321(1996).
Sec. 1632.1 Purpose.
This part is intended to ensure that recipients do not engage in
redistricting activities.
Sec. 1632.2 Definitions.
(a) Advocating or opposing any plan means any effort, whether by
request or otherwise, even if of a neutral nature, to revise a
legislative, judicial, or elective district at any level of government.
(b) Recipient means any grantee or contractor receiving funds made
available by the Corporation under section 1006(a)(1) or 1006(a)(3) of
the LSC Act. For the purposes of this part, ``recipient'' includes
subrecipient and employees of recipients and subrecipients.
(c) Redistricting means any effort, directly or indirectly, that is
intended to or would have the effect of altering, revising, or
reapportioning a legislative, judicial, or elective district at any
level of government, including influencing the timing or manner of the
taking of a census.
Sec. 1632.3 Prohibition.
(a) Neither the Corporation nor any recipient shall make available
any funds, personnel, or equipment for use in advocating or opposing
any plan or proposal, or represent any party or participate in any
other way in litigation, related to redistricting.
(b) This part does not prohibit any litigation brought by a
recipient under the Voting Rights Act of 1965, as amended, 42 U.S.C.
1971 et seq., provided such litigation does not involve redistricting.
Sec. 1632.4 Recipient policies.
Each recipient shall adopt written policies to implement the
requirements of this part.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20416 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P