[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Rules and Regulations]
[Pages 41965-41966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20417]
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LEGAL SERVICES CORPORATION
45 CFR Part 1633
Restriction on Representation in Certain Eviction Proceedings
AGENCY: Legal Services Corporation.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule revises the Legal Services Corporation's
(``LSC'' or ``Corporation'') regulation that prohibits recipients from
using LSC funds to provide representation in public housing eviction
proceedings of persons engaged in certain illegal drug activity. The
revisions are intended to extend the prohibition to a recipient's non-
LSC funds. Although this rule is effective upon publication, the
Corporation also solicits public comment 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 Legal Services Corporation's (``LSC'' or
``Corporation'') regulation, 45 CFR Part 1633, which is revised by this
interim rule, prohibited involvement by
[[Page 41966]]
recipients in certain eviction proceedings but only applied when the
prohibited activity was supported with LSC funds. Section 504(a)(17) of
the Corporation's Fiscal Year 1996 appropriations act, Public Law 104-
134, 110 Stat. 1321 (1996), extends the prohibition to a recipient's
non-LSC funds. Accordingly, the purpose and prohibition sections of the
prior rule have been revised in this interim rule to implement the new
statutory restriction. However, the entire rule is reprinted as
revised. For discussion of those provisions of the rule that have not
been revised, see 60 FR 48950 (September 21, 1995).
On May 19, 1996, the Operations and Regulations Committee
(``Committee'') of the LSC Board of Directors (``Board'') requested LSC
staff to prepare an interim rule to implement the new restriction. The
Committee held hearings on staff proposals on July 9 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.
After the LSC Board initially adopted part 1633, the United States
Department of Housing and Urban Development (``HUD'') announced, in
March 1996, its ``One Strike and You're Out'' policy for public
housing. Several elements of that policy affect drug-related evictions
from public housing and bear consideration by recipients. One element
of the policy requires public housing authorities (PHAs) to include in
each tenant's lease provisions holding the leaseholder responsible for
the actions of all members of the household and guests. Another
authorizes eviction for all drug-related activity whether on or off
premises. Section 504 (a)(17) of Public Law 104-134, 110 Stat. 1321,
the Corporation's FY 1996 appropriations act, expressly prohibits
representation by LSC recipients in any eviction proceeding on behalf
of a person charged with the illegal sale or distribution of a
controlled substance, and then only if the illegal drug activity
threatens the health or safety of another tenant or employee of the
public housing agency. This interim rule generally adheres to the
specific provisions of the appropriations act, but LSC particularly
solicits comments on the proper role for recipients in light of the
somewhat differing policy position of HUD.
In general, the revisions to part 1633 implement section 504(a)(17)
of the Corporation's appropriations act which prohibits the Corporation
from providing funds to recipients that defend, in public housing
eviction proceedings, persons who have been charged with the illegal
sale or distribution of a controlled substance, regardless of the
source of the funds used to pay for the representation. Accordingly,
revisions have been made to the rule's ``purpose'' and ``prohibition''
sections. The entire rule is reprinted as revised.
List of Subjects in 45 CFR part 1633
Grant programs-law, Legal services.
For reasons set forth in the preamble, 45 CFR part 1633 is revised
to read as follows:
PART 1633--RESTRICTION ON REPRESENTATION IN CERTAIN EVICTION
PROCEEDINGS
Sec.
1633.1 Purpose.
1633.2 Definitions.
1633.3 Prohibition.
1633.4 Recipient policies, procedures and recordkeeping.
Authority: 42 U.S.C.Secs. 2996e(a), 2996e(b)(1)(A),
2996f(a)(2)(C), 2996f(a)(3), 2996g(e); 110 Stat. 1321 (1996).
Sec. 1633.1 Purpose.
This part is designed to ensure that in certain public housing
eviction proceedings recipients refrain from defending persons charged
with or convicted of illegal drug activities.
Sec. 1633.2 Definitions.
(a) Controlled substance has the meaning given that term in
Sec. 102 of the Controlled Substances Act (21 U.S.C. 802);
(b) Public housing project and public housing agency have the
meanings given those terms in Sec. 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a);
(c) A person has been charged with engaging in illegal drug
activities if a criminal proceeding has been instituted against such
person by a governmental entity with authority to initiate such
proceeding and such proceeding is pending.
Sec. 1633.3 Prohibition.
Recipients are prohibited from defending any person in a proceeding
to evict that person from a public housing project if:
(a) The person has been charged with or, within one year prior to
the date when services are requested from a recipient, has been
convicted of the illegal sale or distribution of a controlled
substance; and
(b) The eviction proceeding is brought by a public housing agency
on the basis that the illegal drug activity for which the person has
been charged or for which the person has been convicted did or does now
threaten the health or safety of other tenants residing in the public
housing project or employees of the public housing agency.
Sec. 1633.4 Recipient policies, procedures and recordkeeping.
Each recipient shall adopt written policies and procedures to guide
its staff in complying with this part and shall maintain records
sufficient to document the recipient's compliance with this part.
Dated: August 6, 1996.
Victor M. Fortuno,
General Counsel.
[FR Doc. 96-20417 Filed 8-12-96; 8:45 am]
BILLING CODE 7050-01-P
