[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48904-48905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20162]


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LEGAL SERVICES CORPORATION


Request for Comments--Poverty Data and LSC Funding Distribution

AGENCY: Legal Services Corporation.

ACTION: Request for comments.

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SUMMARY: Since 1996, the Legal Services Corporation's annual 
appropriation has mandated that the Corporation distribute most of its 
appropriated funds to basic field programs for LSC-defined geographic 
areas so as to provide an equal figure per individual in poverty for 
each geographic area. The appropriation has further mandated that the 
number of individuals in poverty in each geographic area be determined 
by the Bureau of the Census ``on the basis of the most recent decennial 
census.'' The 2010 decennial census, however, did not collect poverty 
data for the 50 states, the District of Columbia or Puerto Rico, so 
``the most recent decennial census'' will not provide a basis for 
determining how many people in poverty are within those jurisdictions. 
The LSC Board of Directors requests comments on a proposal by LSC's 
management to address this issue by making recommendations to the 
President and to Congress that: (1) The determination of the number of 
individuals in poverty in each geographic area be made by the Bureau of 
the Census, without any reference to the decennial census as the basis 
for that determination; (2) funding be reallocated among geographic 
areas every three years based on updated poverty population 
determinations by the Bureau of the Census; and (3) the first 
reallocation be phased in over two years, in Fiscal Year 2013 and 
Fiscal Year 2014.

DATES: Written comments will be accepted until September 8, 2011.

ADDRESSES: Written comments may be submitted by mail, fax or e-mail to 
Mark Freedman, Senior Assistant General Counsel, Legal Services 
Corporation, 3333 K St., NW., Washington, DC 20007; 202-295-1623 
(phone); 202-337-6519 (fax); [email protected].

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Assistant 
General Counsel, Legal Services Corporation, 3333 K St., NW., 
Washington, DC 20007; 202-295-1623 (phone); 202-337-6519 (fax); 
[email protected].

SUPPLEMENTARY INFORMATION: The Legal Services Corporation (``LSC'' or 
``Corporation'') was established by the United States Congress ``for 
the purpose of providing financial support for legal assistance in 
noncriminal matters or proceedings to persons financially unable to 
afford such assistance.'' 42 U.S.C. 2996b(a). LSC performs this 
function primarily through providing Federal funding to civil legal aid 
programs providing legal services to low-income persons throughout the 
United States and its possessions and territories in geographic areas 
determined by LSC. Since 1996, the Legal Services Corporation's annual 
appropriation has mandated that the Corporation distribute most of its 
appropriated funds to basic field programs for LSC-defined geographic 
areas so as to provide an equal figure per individual in poverty for 
each geographic area. The appropriation has further mandated that the 
number of individuals in poverty in each geographic area be determined 
by the Bureau of the Census ``on the basis of the most recent decennial 
census.'' (Certain exceptions apply for areas in which other adjusted 
population counts have been historically used.) Public Law 104-134, 
Title V, 501(a), 110 Stat. 1321, 1321-50 (1996) (incorporated by 
reference thereafter). Under that mandate, LSC has reallocated funding 
every ten years. The 2010 U.S. census,

[[Page 48905]]

however, did not collect poverty population data for the 50 states, the 
District of Columbia or Puerto Rico. The Bureau of the Census has other 
data for making U.S. poverty population determinations in those areas.
    LSC management has proposed to the LSC Board of Directors 
(``Board'') that LSC request an update to the statutory mandate in 
light of the elimination of poverty data from almost all of the 2010 
census. LSC management has proposed that LSC make recommendations to 
the President and to Congress that: (1) The determination of the number 
of individuals in poverty in each geographic area be made by the Bureau 
of the Census, without any reference to the decennial census as the 
basis for that determination; (2) funding be reallocated among 
geographic areas every three years based on updated poverty population 
determinations by the Bureau of the Census; and (3) the first 
reallocation be phased in over two years, in Fiscal Year 2013 and 
Fiscal Year 2014.
    LSC management presented this proposal to the Board's Operations 
and Regulations Committee (``Committee'') on July 20, 2011, which also 
received a presentation of recommendations from the National Legal Aid 
and Defender Association (``NLADA''). The Committee then presented 
management's proposal to the full board on July 21, 2011. The Board 
adopted the recommendation of management and the Committee that LSC 
publish management's proposal in the Federal Register for comment. The 
committee will meet to consider all comments received and make a 
recommendation to the Board for a final decision by early September of 
2011.
    LSC management's proposal ``Management Recommendation on Funding 
Reallocation Issues'' (July 13, 2011) and NLADA's recommendations can 
both be found at: http://www.lsc.gov/about/mattersforcomment.php.
    LSC invites public comment on this issue. Interested parties may 
submit comments to LSC within 30 days.

     Dated: August 3, 2011.
Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. 2011-20162 Filed 8-8-11; 8:45 am]
BILLING CODE 7050-01-P