[Federal Register Volume 61, Number 232 (Monday, December 2, 1996)]
[Rules and Regulations]
[Pages 63755-63756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30621]


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LEGAL SERVICES CORPORATION
45 CFR Part 1632


Redistricting

AGENCY: Legal Services Corporation.

ACTION: Final rule.

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SUMMARY: This final rule revises the Legal Services Corporation's 
(``LSC'' or ``Corporation'') regulation on redistricting to implement a 
new restriction contained in the Corporation's Fiscal Year (``FY'') 
1997 appropriations act, which extends the rule's prohibition to all 
the funds of recipients.

DATES: This final rule is effective on January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, General Counsel, at 
(202) 336-8910.

SUPPLEMENTARY INFORMATION: The prior LSC regulation on redistricting 
that is revised by this final rule allowed recipients to use some non-
LSC funds on redistricting activities. New legislation, enacted as 
Section 504(a)(1) of the Corporation's FY 1996 appropriations act, Pub. 
L. 104-134, 110 Stat. 1321 (1996), went further than the Corporation's 
prior rule and prohibited 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 prohibited recipient involvement in redistricting 
activities, regardless of the source of funds used for such activities. 
The Corporation's FY 1997 appropriations act continues this 
restriction, Pub. L. 104-208, 110 Stat. 3009, by incorporating by 
reference the restrictions in the FY 1996 appropriations act.
    On May 19, 1996, the Operations and Regulations Committee 
(``Committee'') of the Corporation's Board of Directors (``Board'') 
requested LSC staff to prepare an interim rule to implement the new 
statutory restriction on redistricting activities. The Committee held 
hearings on staff proposals on July 8 and 19, and the Board adopted an 
interim rule on July 20 for publication in the Federal

[[Page 63756]]

Register. The Committee recommended and the Board agreed to publish the 
rule as an interim rule. However, the Corporation also solicited public 
comment on the rule for review and consideration by the Committee and 
Board.
    One comment was received by the Corporation on this rule which 
expressed approval of the interim rule and made no recommendations for 
changes. The Committee held public hearings on the interim rule on 
September 29, 1996, and made a recommendation to the Board on September 
30, 1996, to adopt the interim rule as a final rule with no revisions. 
The Board adopted the rule as recommended.
    A section-by-section discussion of the final rule is provided 
below. See note 1.

Section 1632.1  Purpose

    The purpose section implements the new statutory restrictions on 
involvement of LSC recipients in redistricting activities. The prior 
rule \1\ was not based on any express statutory restriction, but on 
policies adopted by a former board of directors.
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    \1\ References to the ``prior rule'' refer to the rule prior to 
the interim rule. Because the interim rule and final rule are the 
same, explanations of the revisions here are essentially the same as 
in the interim rule.
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Section 1632.2  Definitions

    Section 1632.2 is amended by revising the definition of 
``redistricting'' and adding paragraph designations to the definitions. 
The revision to ``redistricting'' is not substantive and is only 
intended to track more closely the statutory restriction contained in 
the Corporation's appropriations act.

Section 1632.3  Prohibition

    The prohibition in Sec. 1632.4(a) of the prior rule has been 
revised and renumbered as Sec. 1632.3(a) 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 was 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.

Section 1632.4  Recipient Policies

    A new Sec. 1632.4 requires recipients to adopt written policies to 
implement the requirements of this part.

Miscellaneous Changes

    All provisions of the prior rule's 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 of this final rule. Paragraph (b) of the 
prior rule was deleted because it was contrary to current law as 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 final rule as required by LSC's appropriations act. Finally, 
paragraphs (c) and (d) in the prior rule have been 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. 3009; 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 sections 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 representing any party, or participating 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: November 26, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-30621 Filed 11-29-96; 8:45 am]
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