81_FR_43388 81 FR 43261 - Notice and Request for Comments-Final Guidelines for Automated Financial-Eligibility Screening

81 FR 43261 - Notice and Request for Comments-Final Guidelines for Automated Financial-Eligibility Screening

LEGAL SERVICES CORPORATION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43261-43262
FR Document2016-15578

The Legal Services Corporation is publishing for public comment a proposed program letter addressing standards for automated systems that LSC grantees might use to gather financial-eligibility information from applicants for legal services and to make financial- eligibility decisions for those applicants.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016) 
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43261-43262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15578]


=======================================================================
-----------------------------------------------------------------------

LEGAL SERVICES CORPORATION


Notice and Request for Comments--Final Guidelines for Automated 
Financial-Eligibility Screening

AGENCY: Legal Services Corporation.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Legal Services Corporation is publishing for public 
comment a proposed program letter addressing standards for automated 
systems that LSC grantees might use to gather financial-eligibility 
information from applicants for legal services and to make financial-
eligibility decisions for those applicants.

DATES: The program letter will be effective August 10, 2016. Written 
comments will be accepted until August 1, 2016.

ADDRESSES: Written comments must be submitted to Mark Freedman, Senior 
Associate General Counsel, Legal

[[Page 43262]]

Services Corporation, 3333 K St. NW., Washington, DC 20007-3522; 202-
337-6519 (fax); [email protected]. LSC prefers electronic submissions 
via email with attachments in Acrobat PDF format. Written comments sent 
to any other address or received after the end of the comment period 
may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Associate 
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 by funding 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. Each 
LSC funding recipient must screen all applicants for LSC-funded legal 
assistance to determine if the applicant's household meets the 
recipient's financial eligibility requirements for income and assets, 
which themselves must comply with the LSC financial eligibility 
requirements set forth at 45 CFR part 1611.
    On March 26, 2012, LSC published for comment a draft program letter 
discussing minimum screening requirements for LSC recipients when 
determining financial eligibility of applicants based on information 
collected through automated online intake systems. 77 FR 17529. The 
draft program letter and comments received are in the ``Closed Matters 
for Comment'' section of LSC's Web site at: http://www.lsc.gov/about-lsc/matters-comment under ``Draft Financial-Screening Program Letter''.
    LSC received eight comments, all of which encouraged LSC to provide 
guidance on this topic. Four comments recommended that LSC not require 
a person at the grantee to make a direct follow-up contact regarding 
financial information for every applicant using an automated intake 
system. Three comments suggested clarifying who may provide financial 
eligibility information for an applicant through an automated system, 
and to include representatives of applicants, such as family members. 
One comment recommended separate requirements for applicants to be 
served by private attorneys volunteering with the grantee or providing 
reduced-fee services. One comment said that the proposed program letter 
was complete and adequate to explain the requirements.
    Based on the comments and additional internal review, LSC has 
substantially revised the program letter to: (1) Eliminate the 
requirement for a follow-up contact by a person in all situations, (2) 
clarify that applicants or their authorized representatives may provide 
the financial information, and (3) provide guidelines for when the 
automated system may make a financial eligibility determination without 
review by a person. In all cases, the grantee must maintain clear and 
accessible records regarding the structure and operation of the system, 
maintain all information required for client-eligibility 
determinations, and engage in ongoing review of the system for 
improvements. Furthermore, grantees must design and operate these 
systems so as to maintain access to services for people with 
disabilities.
    The revised program letter is available on the LSC Web site at 
http://www.lsc.gov/about-lsc/matters-comment. LSC will accept comments 
on the notice for thirty days and, if the comments warrant, will issue 
an additional notice modifying the proposed program letter and 
adjusting the effective date. In the absence of any such notice, the 
revised program letter will be effective forty days after publication 
of this notice in the Federal Register.

    Dated: June 27, 2016.
Mark Freedman,
Senior Associate General Counsel.
[FR Doc. 2016-15578 Filed 6-30-16; 8:45 am]
 BILLING CODE 7050-01-P

Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 43261 Instruction Sheet changed. You may have also been paid complaint to the employer against Use this form to file a complaint less than others doing the same or whom it is filed, and when the matters against an employer for violating any of similar work. We also want to know if alleged are covered by Title VII and/or the three laws the Office of Federal what happened involved training, the ADA, to the U.S. Equal Employment Contract Compliance Programs (OFCCP) pregnancy leave, harassment, Opportunity Commission (EEOC). The enforces: accommodation for a disability or for information collected may be: 1) • Executive Order 11246, as religious observances, or segregation of verified with others who may have amended; facilities. knowledge relevant to the complaint; 2) You can use a separate piece of paper used in settlement negotiations with the • Section 503 of the Rehabilitation if you need more space to describe what employer or in the course of presenting Act of 1973, as amended; and the • Vietnam Era Veterans’ happened to you. Remember to attach evidence at a hearing; or 3) disclosed to Readjustment Assistance Act of 1974, as the piece of paper to the complaint form other agencies with jurisdiction over the amended. when you are done. complaint. If you are filing a complaint of Providing this information is These laws make it illegal for discrimination because of your veteran voluntary; however, failure to provide companies doing business with the status, remember to attach your the information may delay or prevent Federal Government to discriminate Certificate of Release or Discharge from OFCCP from investigating your against job applicants and employees Active Duty (also known as DD Form complaint and, for matters covered by based on race, color, religion, sex, 214). If one is not provided, we will ask Title VII or the ADA, may affect your sexual orientation, gender identity, you to provide one later. There are right to sue under those laws. national origin, disability status and several categories of veterans protected status as a protected veteran. This Public Burden Statement by VEVRAA: disabled veterans, veterans includes discrimination in pay and The estimated time to complete this separated from service for no more than other forms of compensation. Executive form is 1 hour, including time for three years, active duty wartime or Order 11246, as amended, also prohibits reviewing instructions, filling out the campaign badge veterans, and armed federal contractors from discriminating form and sending it to OFCCP. Please forces service medal veterans. For more against applicants and employees for note that you are not required to details on these categories, visit inquiring about, discussing, or respond to this collection of information OFCCP’s Web site at http:// disclosing compensation. unless it displays a currently valid OMB www.dol.gov/ofccp/posters/ In addition, it is illegal for these Infographics/ProtectedVet.htm. Control Number. companies to retaliate or otherwise take Where to file the complaint? If you have comments regarding the employment actions that negatively You should send the completed form estimated burden or any other aspect of affect job applicants and employees to the OFCCP regional office that covers this complaint form, including because they filed a complaint, opposed the state where the alleged suggestions for reducing the burden, acts or practices made unlawful by discrimination happened. Send OFCCP send them to the OFCCP Policy Division OFCCP’s laws, or provided information your form by U.S. mail, fax, or email. A (1250–0002), 200 Constitution Avenue or assistance during a compliance list of regional offices and the states that NW., Room C3325, Washington, DC evaluation or complaint investigation. each office covers can be found on the 20210. Please do not send the Retaliatory actions include any OFCCP Web site at: http://www.dol.gov/ completed complaint form to this intimidation, threat, coercion or ofccp/contacts/regkeyp.htm. address. discrimination. When to file a complaint? [FR Doc. 2016–15671 Filed 6–30–16; 8:45 am] General Instructions: Complaints based on your race, color, BILLING CODE 4510–CM–P Print or type the information when religion, sex, sexual orientation, gender filling in the form. Tell us what identity, or national origin, must be happened, why you believe it was filed within 180 days of the action(s) LEGAL SERVICES CORPORATION discrimination or retaliation, and who taken by your employer that you think took the actions you described. Also, was either discrimination or retaliation. Notice and Request for Comments— explain where and when these things The same 180-day time frame applies to Final Guidelines for Automated happened, who saw it, and who may pay transparency complaints alleging Financial-Eligibility Screening have information about what happened discrimination for discussing, to you. Your signature is required on the disclosing, or inquiring about pay. AGENCY: Legal Services Corporation. complaint form, and if it is not on the Complaints based on your disability ACTION: Notice; request for comments. form when you submit it, we will ask or status as a protected veteran must be you to sign it. SUMMARY: The Legal Services filed within 300 days of the action(s) The form includes a place for you to Corporation is publishing for public taken by your employer that you think select the reason why you believe your comment a proposed program letter was either discrimination or retaliation. employer discriminated or retaliated addressing standards for automated against you. If you believe you may have Privacy Act Statement systems that LSC grantees might use to been discriminated or retaliated against The collection of information using gather financial-eligibility information for multiple reasons, such as race and this form is authorized by the laws from applicants for legal services and to sex, select all the protected bases that OFCCP enforces, Title VII of the Civil make financial-eligibility decisions for asabaliauskas on DSK3SPTVN1PROD with NOTICES apply. Rights Act of 1964 (Title VII), as those applicants. When describing what happened, tell amended, and Title I of the Americans DATES: The program letter will be us how it changed your work. For with Disabilities Act of 1990 (ADA), as effective August 10, 2016. Written example, let us know if it caused you amended. OFCCP uses this information comments will be accepted until August not to be hired for a job; caused you to to process complaints and conduct 1, 2016. be fired, laid off, demoted, or denied a investigations of alleged violations of ADDRESSES: Written comments must be promotion; or caused you to lose these employment discrimination laws. submitted to Mark Freedman, Senior seniority or have your job assignment OFCCP will provide a copy of this Associate General Counsel, Legal VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1

43262 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices Services Corporation, 3333 K St. NW., by private attorneys volunteering with instructions on what happens to records Washington, DC 20007–3522; 202–337– the grantee or providing reduced-fee when agencies no longer need them for 6519 (fax); mfreedman@lsc.gov. LSC services. One comment said that the current Government business. The prefers electronic submissions via email proposed program letter was complete records schedules authorize agencies to with attachments in Acrobat PDF and adequate to explain the preserve records of continuing value in format. Written comments sent to any requirements. the National Archives of the United other address or received after the end Based on the comments and States and to destroy, after a specified of the comment period may not be additional internal review, LSC has period, records lacking administrative, considered by LSC. substantially revised the program letter legal, research, or other value. NARA FOR FURTHER INFORMATION CONTACT: to: (1) Eliminate the requirement for a publishes notice in the Federal Register Mark Freedman, Senior Associate follow-up contact by a person in all for records schedules in which agencies General Counsel, Legal Services situations, (2) clarify that applicants or propose to destroy records not Corporation, 3333 K St. NW., their authorized representatives may previously authorized for disposal or Washington, DC 20007; 202–295–1623 provide the financial information, and reduce the retention period of records (phone); 202–337–6519 (fax); (3) provide guidelines for when the already authorized for disposal. NARA mfreedman@lsc.gov. automated system may make a financial invites public comments on such SUPPLEMENTARY INFORMATION: The Legal eligibility determination without review records schedules, as required by 44 Services Corporation (‘‘LSC’’ or by a person. In all cases, the grantee U.S.C. 3303a(a). ‘‘Corporation’’) was established by the must maintain clear and accessible DATES: NARA must receive requests for United States Congress ‘‘for the purpose records regarding the structure and copies in writing by August 1, 2016. of providing financial support for legal operation of the system, maintain all Once NARA finishes appraising the assistance in noncriminal matters or information required for client- records, we will send you a copy of the proceedings to persons financially eligibility determinations, and engage in schedule you requested. We usually unable to afford such assistance.’’ 42 ongoing review of the system for prepare appraisal memoranda that U.S.C. 2996b(a). LSC performs this improvements. Furthermore, grantees contain additional information function primarily by funding civil legal must design and operate these systems concerning the records covered by a aid programs providing legal services to so as to maintain access to services for proposed schedule. You may also low-income persons throughout the people with disabilities. request these. If you do, we will also The revised program letter is available provide them once we have completed United States and its possessions and on the LSC Web site at http:// the appraisal. You have 30 days after we territories in geographic areas www.lsc.gov/about-lsc/matters- send to you these requested documents determined by LSC. Each LSC funding comment. LSC will accept comments on in which to submit comments. recipient must screen all applicants for the notice for thirty days and, if the ADDRESSES: You may request a copy of LSC-funded legal assistance to comments warrant, will issue an any records schedule identified in this determine if the applicant’s household additional notice modifying the notice by contacting Records Appraisal meets the recipient’s financial eligibility proposed program letter and adjusting and Agency Assistance (ACRA) using requirements for income and assets, the effective date. In the absence of any one of the following means: which themselves must comply with the such notice, the revised program letter Mail: NARA (ACRA); 8601 Adelphi LSC financial eligibility requirements will be effective forty days after Road; College Park, MD 20740–6001. set forth at 45 CFR part 1611. On March 26, 2012, LSC published for publication of this notice in the Federal Email: request.schedule@nara.gov. comment a draft program letter Register. FAX: 301–837–3698. discussing minimum screening Dated: June 27, 2016. You must cite the control number, requirements for LSC recipients when Mark Freedman, which appears in parentheses after the determining financial eligibility of Senior Associate General Counsel. name of the agency that submitted the applicants based on information schedule, and a mailing address. If you [FR Doc. 2016–15578 Filed 6–30–16; 8:45 am] collected through automated online would like an appraisal report, please BILLING CODE 7050–01–P intake systems. 77 FR 17529. The draft include that in your request. program letter and comments received FOR FURTHER INFORMATION CONTACT: are in the ‘‘Closed Matters for Margaret Hawkins, Director, by mail at NATIONAL ARCHIVES AND RECORDS Records Appraisal and Agency Comment’’ section of LSC’s Web site at: ADMINISTRATION http://www.lsc.gov/about-lsc/matters- Assistance (ACRA); National Archives comment under ‘‘Draft Financial- [NARA–2016–037] and Records Administration; 8601 Screening Program Letter’’. Adelphi Road; College Park, MD 20740– LSC received eight comments, all of Records Schedules; Availability and 6001, by phone at 301–837–1799, or by which encouraged LSC to provide Request for Comments email at request.schedule@nara.gov. guidance on this topic. Four comments AGENCY: National Archives and Records SUPPLEMENTARY INFORMATION: Each year, recommended that LSC not require a Administration (NARA). Federal agencies create billions of person at the grantee to make a direct ACTION: Notice of availability of records on paper, film, magnetic tape, follow-up contact regarding financial proposed records schedules; request for and other media. To control this information for every applicant using an accumulation, agency records managers asabaliauskas on DSK3SPTVN1PROD with NOTICES comments. automated intake system. Three prepare schedules proposing records comments suggested clarifying who may SUMMARY: The National Archives and retention periods and submit these provide financial eligibility information Records Administration (NARA) schedules for NARA’s approval. These for an applicant through an automated publishes notice at least once monthly schedules provide for timely transfer system, and to include representatives of certain Federal agency requests for into the National Archives of of applicants, such as family members. records disposition authority (records historically valuable records and One comment recommended separate schedules). Once approved by NARA, authorize the agency to dispose of all requirements for applicants to be served records schedules provide mandatory other records after the agency no longer VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1


Document Created: 2016-07-14 11:38:07
Document Modified: 2016-07-14 11:38:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesThe program letter will be effective August 10, 2016. Written comments will be accepted until August 1, 2016.
ContactMark Freedman, Senior Associate General Counsel, Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; 202-295-1623 (phone); 202-337-6519 (fax); [email protected]
FR Citation81 FR 43261 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR