[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