[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]
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1632
Redistricting
AGENCY: Legal Services Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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]
BILLING CODE 7050-01-P
