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will limit the frequency with which this can be done.
Another general recommendation is that any fiscal manager should make it a practice to ask vendors for a break at every opportunity. This takes a certain amount of courage and a certain thickness of skin, but it is an approach that pays off more often than not. I have often found people in billing departments delighted to help to reduce invoices if given half a chance. When asked if they have flexibility, and when I have made it clear that I am asking on behalf of a struggling nonprofit agency, they have often surprised me with their warmth and willingness to negotiate. It is true that most of these adjustments are not for material amounts, but practice can pay off when asking for a larger reduction.
Board meeting travel, a large line item for a national organization, can be reduced through replacing some face-toface meetings with conference telephone calls, when the items to be discussed lend themselves to such an approach. Further cost-cutting measures regarding board travel depend on the willingness of the board members to make sacrifices, and upon the resultant impact on the board members' effectiveness (starving board members to save money on lunch is ill-advised).
Cutbacks in library expenses can usually be made, with some degree of consensus, if a list of high- and low-ticket items is circulated for suggestions on what to eliminate. You may find that some materials bought by the program are duplicated in other area libraries, but cutting these items from the budget is only recommended if the institution is very nearby or the materials are rarely needed. Otherwise, the time involved in gaining access to the information, which is also a cost to the program, outweighs the budgetary savings potential.
Corporate insurance rates should also be examined, as well as the possibility of self-insuring for some coverages. Self-insuring for malpractice is not worth the risk, however. Despite the fact that malpractice insurance rates are currently skyrocketing, the program could be more vulnerable than ever to lawsuits due to layoffs and attrition and the resultant loss of experienced personnel.
In addition to putting insurance and travel business out for bid, other types of expenses may lend themselves to this process. For example, expenses like those for the annual audit, payroll processing, printing, or legal consultants come to mind very quickly. This pro ss has the potential for cost savings, but the time and effort involved in putting such services out for bid
While it is the duty of the fiscal manager to be constantly on the lookout for and engaged in achieving cost savings in times of financial insecurity, it is essential to get the entire staff involved in this never-ending thinking and reexamination process. It is important to encourage staff members to come up with new ideas for cost savings, despite the fact that it is the nature of brainstorming to risk producing ideas ranging from the illegal to the merely devisive, and despite the stress to the fiscal manager of no longer having control of this particular “turf." These stresses will, in the end, be outweighed by those few creative ideas generated in the process, and by the greater willingness of the rest of the staff to adapt to changes as they become necessary.
Directory of Support Centers in California
The Clearinghouse has printed and distributed a guide to support services available to attorneys and legal workers representing poor clients in California. The Directory is a project of the Support Center Committee of the Legal Assistance Association of California to encourage use of the 17 legal services support centers receiving funds from the California Trust Fund Program.
The Directory has been sent to each individual Clearinghouse Review subscriber in California, and each legal services office has been sent a number of directories equal to the number of the copies of the Review currently addressed to the office. An additional number were sent to those on the Committee's mailing list. The Clearinghouse is not making this directory generally available because it was intended for use in California. A very limited number of copies are available as follows:
(1) California lawyers and legal workers who were not part of the original distribution may request a free
(2) Groups, such as state bar associations in other states that may be interested in undertaking a similar
If you have a need for the Directory, please send a written request to:
Michael Leonard, Executive Director
Editor's Note: The Clearinghouse summary of federal register highlights is not intended to give notice to readers of comment periods but rather to note important final rules. Publication time does not permit us to give sufficient notice of comment periods except where the period is unusually long. Readers are advised to consult the newsletters of the various LSC back-up centers for more up-to-date information.
ATTORNEYS/LEGAL SERVICES Mailing of Solicitations. The Postal Service organizations in mobilizing local, state, federal,
amends its regulation at 39 C.ER. Part 111 on and private sector financial and volunteer reEqual Access to Justice Act. The Occupation
the mailing of solicitations in the guise of bills, sources to address the problem of illiteracy al Safety and Health Review Commission has
invoices, or statements of account. The final throughout the United States. These guidelines established rules of procedure implementing the
rule removes possible ambiguity in the regula- were to take effect on April 13, 1987. 52 Fed. Equal Access to Justice Act. To reflect recent
tion and makes more specific and prominent a Reg. 6028 (Feb. 27, 1987). changes in the Act, the Commission now amends
required warning regarding the true nature of its rules (1) to raise net worth ceilings for
solicitations that resemble bills. This final rule. EMPLOYMENT
was to be effective March 21, 1987. 52 Fed.
Targeted Jobs Tax Credit Program. The other entities; (2) to make units of local govern
Targeted Jobs Tax Credit Program was reinstated ment eligible for fee awards; (3) to define CRIMINAL LAW AND PROCEDURE
under the Tax Reform Act of 1986. This notice specifically that the position of the government
provides answers to questions regarding the that has to be substantially justified must in- Prosecutor Management Information Systems. operation of the program to assist state employclude the underlying governmental action or The Bureau of Justice Statistics has published ment security agencies and other participants in failure to act that the proceeding is based on, as four major reports based on data from prosecu- the program. 52 Fed. Reg. 4200 (Feb. 10, well as the government's position in litigation; tor management information systems. These 1987). and (4) to restrict generally the government in reports are entitled “A Cross-City Comparison its ability to introduce during the fee proceeding of Felony Case Processing," "The Prosecution
Job Training Partnership and Wagner-Peyser additional evidence of substantial justification. of Felony Arrests, 1979," "The Prosecution of
Acts. The Employment and Training AdminisThis final rule amending 29 C.ER. Part 2204 Felony Arrests, 1980," and "The Prosecution
tration announces state Job Training Partnership was effective February 23, 1987. 52 Fed. Reg. of Felony Arrests, 1981." Local prosecutors Act (JTPA) allotments for JTPA Titles II-A and 5455 (Feb. 23, 1987). maintain these systems to track arrests from
III for Program Year (PY) 1987 (July 1, 1987, presentation through final court disposition and
through June 30, 1988), and for the summer CIVIL PROCEDURE/ADMINISTRATIVE sentencing. Proposals for research funds to con
youth program for JTPA Title II-B for calendar LAW tinue the collection and analysis of automated
year 1987, and preliminary planning estimates information files must be submitted by May 20,
for public employment service activities under Guide to Record Retention Requirements in 1987. 52 Fed. Reg. 5205 (Feb. 19, 1987).
the Wagner-Peyser Act for PY 1987. The Wagnerthe C.F.R. The Office of the Federal Register
Peyser Act, 29 U.S.C. $$ 49-491-1, established publishes the supplement to the Guide to Record ECONOMIC DEVELOPMENT
a national system of state employment offices Retention Requirements in the C.ER., which
and created the United States Employment Serrevises as of January 1, 1987, the edition of the University Center Program. The Economic vice, which coordinates state employment Guide published in 1986. The Guide to Record Development Administration announces policy
offices and maintains an interstate clearance Retention is a guide in digest form to the changes it intends to institute for basic university system that matches workers in one state with provisions of federal regulations relating to the center grant awards authorized under section jobs in other states. 52 Fed. Reg. 4674 (Feb. keeping of records by the public. It provides 301(a) of the Public Works and Economic De- 13, 1987). information on (1) what records must be kept, velopment Act of 1965, as amended. Basic (2) who must keep them, (3) how long they university center grants are used as seed money Role of the Employment Service. The Emmust be kept, and (4) where the full provisions to help selected colleges and universities mobi
ployment and Training Administration (ETA) is can be found in the C.ER. 52 Fed. Reg. 6102
lize their own and other resources to assist in publishing a summary of the public comments (Feb. 27, 1987).
the economic development of distressed areas. received at four public hearings on the purpose
The changes would go into effect in FY 1988 if and role of the Employment Service, and of CONSUMER
Congress makes funds available for the Univer- written comments received. The comments deal
sity Center Program beyond FY 1987. 52 Fed. with five key issues identified by the ETA: (1) Consumer Price Index for Urban Consumers. Reg. 4370 (Feb. 11, 1987).
whether the labor market of the future requires The Secretary of Labor certifies that the United
a public labor exchange; (2) the public labor States city average all items consumer price VISTA Literacy Corps. ACTION sets forth exchange services that would be most effective index for all urban consumers increased 122.3 the guidelines under which the new VISTA in addressing the future needs of the labor percent from its 1974 annual average of 147.7 Literacy Corps will operate. The purpose of the market; (3) the groups in the work force that to its 1986 annual average of 328.4. 52 Fed. VISTA Literacy Corps is to use VISTA volun- should receive public labor exchange services Reg. 4672 (Feb. 13. 1987 teers to assist both public and private nonprofit
or whether the work force as a whole should
are completed. 52 Fed. Reg. 5578 (Feb. 25, 1987).
receive such services; (4) the roles that should be played by the federal, state, and local governments and the private sector in the administration of public labor exchange activities; and (5) the nature of the relationship between the public labor exchange system, the unemployment insurance system, the Job Training Partnership Act system, and other state economic development and human resource programs. 52 Fed. Reg. 5244 (Feb. 19, 1987).
Circular A-110, “Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." OMB recognizes that all federal cash will not always be disbursed immediately upon receipt. Therefore, the revision states that, when cash is available, the recipient should deposit it in interest-bearing accounts. Interest earned on federal advances deposited in such accounts shall be remitted promptly to the federal agencies that provided the funds. These revisions to Circular A-110 are effective immediately. 52 Fed. Reg. 4240 (Feb. 10, 1987).
Asbestos Abatement Worker Protection. In accordance with section 6(a) of the Toxic Substances Control Act, EPA is replacing its asbestos abatement worker protection rule published at 51 Fed. Reg. 15722 (Apr. 25, 1986). By incorporating in the EPA rule the new asbestos workplace standard issued by OSHA at 51 Fed. Reg. 22612 (June 20, 1986), EPA is extending additional protections to state and local government employees covered by the former rule who engaged in abating the hazards of asbestos in public buildings. EPA's worker protection rule of April 1986 had extended protection to employees in states that neither have worker protection plans approved by OSHA nor asbestos abatement regulations that EPA decided were comparable to or more stringent than EPA's worker protection rule. This final rule amending 40 C.F.R. Part 763 was effective March 27, 1987. 52 Fed. Reg. 5618 (Feb. 25, 1987).
Food Stamp Program. In accordance with section 504(e) of the Human Services Reauthorization Act of 1986, the Food and Nutrition Service treats Low-Income Home Energy Assistance Act (LIHEAP) payments consistently in the Food Stamp Program's calculation of an excess shelter expense deduction regardless of how the LIHEAP payment is distributed to the household. This final rule amends current regulations (1) to allow energy expenses covered by LIHEAP payments made to the energy supplier on behalf of the household (i.e. indirect payments) as deductible shelter expenses; (2) to consider all households receiving payments under LIHEAP eligible to claim a standard utility allowance for use in the computation of the excess shelter expense deduction; and (3) to eliminate the state agency's option to use a separate standard utility allowance for those households that receive an indirect LIHEAP payment. The provisions in this rulemaking are effective retroactive to October 1, 1986. 52 Fed. Reg. 5434 (Feb. 23, 1987).
Cumulative Report on Rescissions and Deferrals. The Director of the Office of Management and Budget submits to the Congress this report that gives the status as of February 1, 1987, of 56 deferrals contained in the four special messages of FY 1987. These messages were transmitted to the Congress on September 26, and December 15, 1986, and January 5 and 28, 1987. 52 Fed. Reg. 4718 (Feb. 13, 1987).
Centers for Independent Living. Applications for grants for the support of centers for independent living must be submitted by June 1, 1987, for local public agencies or private nonprofit organizations. The Secretary of Education especially urges that FY 1987 applications be submitted for new projects that respond to one or both of the following invitational priorities: (1) to provide services that assist individuals with severe handicaps to make the transition from school or institutions to work and community living; and (2) to serve a broad range of disability groups. 52 Fed. Reg. 4647 (Feb. 13, 1987).
Child Care Food Program. The Food and Nutrition Service amends the Child Care Food Program regulations to permit state agencies to refuse to grant appeals of actions taken as a result of findings made by federal audits. The rule further stipulates that, if state agencies do not offer participating public and nonprofit private institutions an appeal at the state level in these instances, appeals will be afforded by the Department of Agriculture. This final rule eases the burden on state agencies that also are prohibited from disregarding overpayments or waiving collection actions against institutions arising from the findings of federal audits. This final rule amending 7 C.F.R. Part 226 was effective February 26, 1987. 52 Fed. Reg. 5525 (Feb. 25, 1987).
Designation of Hazardous Substances. The Research and Special Programs Administration of the Department of Transportation is correcting the errors that appear in the final rule published at 51 Fed. Reg. 42174 (Nov. 21, 1986). That final rule incorporated into the hazardous materials regulations, as hazardous materials, all substances designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The intended effect of this final rule is to enable carriers of hazardous materials to identify specifically CERCLA hazardous substances and to make the required notification if a discharge occurs. The effective date of that final rule is July 1, 1987. 52 Fed. Reg. 4824 (Feb. 17, 1987).
National School Lunch Program. The Food and Nutrition Service (FNS) amends its regulations at 7 C.E.R. Part 210 governing the National School Lunch Program to require that each state agency annually report the results of the assessment, improvement, and monitoring system reviews/audits to the FNS. The purpose of this final rule, which was to be effective on March 30, 1987, is to improve accountability in the program by collecting consistent national information on program status. 52 Fed. Reg. 5735 (Feb. 26, 1987).
System of Records. The Health Care Financing Administration is proposing to initiate a system of records that establish under what conditions Medicare information shall be made available to the public, as well as Freedom of Information Act rules that apply to such disclosure of information. The comment deadline on routine uses of the system was March 20, 1987. The system of records, including routine uses, was to become effective April 13, 1987. 52 Fed. Reg. 4971 (Feb. 18, 1987).
Hazardous Waste Sites. EPA is publishing an announcement that concerns the availability of documents and data generated from the investigation of uncontrolled hazardous or potentially hazardous waste sites. The documents and information addressed by this notice may include the identity, quantity, physical state, concentration, and containment of toxic substances at a site, and their potential effect on ground water, surface water, drinking water, the food chain, soil, and air in the vicinity of a site. This information is generally available in documents called preliminary assessments and site inspection reports that are made public as soon as they
GOVERNMENT AND GOVERNMENTAL SERVICES
Liability of Third Parties Und Medicaid. The Health Care Financing Administration revises regulations governing a state Medicaid agency's responsibility to take reasonable measures to determine the legal liability of third parties to pay for services under the plan. The final regulations require that, at a minimum, the agency (1) obtain certain health insurance information for Medicaid applicants or recipients during the initial application and redetermina
Interest Earned on Federal Advances. The Office of Management and Budget revises OMB
tion processes; (2) conduct certain types of data Cost-Containment Policies for Indian and Pubexchanges with specific state and federal agen- lic Housing. With the repeal of section 6(b) of cies to identify legally liable third parties; (3) the United States Housing Act of 1937, Conconduct diagnosis and trauma code edits to gress has eliminated the statutory requirement identify third-party resources; and (4) follow that HUD limit dwelling construction and equipother specified procedures regarding frequency ment costs based on prototype costs for the of conducting such activities, follow-up, safe- development of public and Indian housing. In guarding information obtained and exchanged, this policy statement at 24 C.E.R. Parts 905 and and reporting and reimbursement requirements. 968, HUD states that, pending the issuance of Liable third parties may include commercial rules amending existing regulations, it will esinsurance companies and individuals who either tablish interim cost-containment policies for have voluntarily accepted or have been assigned assisted housing programs so that it can develop legal responsibility for the health care of one or or modernize the largest number of units with more Medicaid recipients. This final rule available funds. HUD is to apply the costamending 42 C.E.R. Parts 431, 433, and 435 containment policies to (1) Indian housing will be effective May 28, 1987. 52 Fed. Reg. authorities (IHAs) in the development of Indian 5967 (Feb. 27, 1987).
housing; and (2) public housing agencies and
IHAs in the modernization of existing public HOUSING
and Indian housing projects under the Compre
hensive Improvement Assistance Program. 52 Refinancing Single-Family Mortgages. HUD
Fed. Reg. 4284 (Feb. 11, 1987). revises its regulation concerning the insurance of mortgages given to refinance existing FHA
Mobile Home Construction and Safety Staninsured single-family mortgages. It also extends dards. HUD is revising its manufactured (mothe authority to insure refinancing mortgages to
bile) home construction and safety standards to FHA-insured mortgages covering units in con
incorporate current and more appropriate referdominium projects. In essence, the rule extends ence standards and to delete specific entrance the maximum term allowable on the refinancing
location and placement requirements for water, mortgage from the unexpired term of the existing drain, gas, and electric utility connections for FHA-insured mortgage to the unexpired term
manufactured homes. These changes are being plus 12 years, but not exceeding 30 years. This
made pursuant to the National Manufactured interim rule amending 24 C.FR. Parts 203 and
Housing Construction and Safety Standards Act 234 was to be effective March 23, 1987. 52
of 1974. This final rule amending 24 C.F.R. Fed. Reg. 4138 (Feb. 10, 1987).
Part 3280 will be effective August 11, 1987. 52
Mortgage Insurance. To reflect regional differences in the cost of housing, the National Housing Act permits HUD to increase the maximum mortgage limits under most programs for insuring mortgages for single-family residences, condominiums, manufactured homes, manufactured home lots, and combination manufactured homes and lots. Mortgage limits are adjusted in cities or counties when the Secretary of HUD determines that middle- and moderate-income persons have limited housing opportunities because of high prevailing housing sales prices. This notice amends the listing of areas eligible for “high-cost' mortgage limits by adding the limits of three, newly designated, high-cost areas to the list and increasing the limits for five high-cost areas. This notice amending 24 C.ER. Parts 201, 203, and 234 was effective February 12, 1987. 52 Fed. Reg. 4493 (Feb. 12, 1987).
Intergovernmental Review Process. HUD is publishing a list of all of its programs by catalog of federal domestic assistance number and indicating whether or not the program is subject to the intergovernmental review process under 24 C.F.R. Part 52. This notice also indicates, for certain programs, the specific activities that are subject to the intergovernmental review process. This notice was effective February 13, 1987. 52 Fed. Reg. 4754 (Feb. 13, 1987).
Lead-Based Paint Hazard Elimination. HUD amends its regulations regarding the elimination of hazards due to lead-based paint in the Com
Disability Practice Manual
Legal Counsel for the Elderly has published a 1986-1987 Supplement to the 1985 Disability Practice Manual for social security and SSI programs. The manual contains chapters discussing eligibility requirements, appeals, administrative hearings, access to claims files, judicial review, and recent legislative changes in disability law, including evaluation of multiple impairments and benefits pending administrative appeal. The manual also contains more than 400 summaries of decisions of disability cases, sample forms, and federal court pleadings.
The 1986-1987 Supplement updates the manual and includes major legislative and regulatory changes, including detailed analysis of the myriad regulatory changes arising out of the recent amendments to the Social Security Act. Special attention is paid to the medical improvement standard for disability cessation. Also highlighted are face-to-face reconsiderations, sequential evaluation, mental impairments, comparison between old and revised impairment listings, pain as a disabling impairment, and attorney fees under the Equal Access to Justice Act. More than 300 recent federal court decisions are summarized by circuit. The Supplement also includes newly revised social security forms and a glossary of medical abbreviations and other tips to aid in interpreting medical records.
Both the Disability Practice Manual and the Supplement were written by Michael Schuster and are available at a discount to legal services agencies. The Disability Practice Manual is available to legal services and other nonprofit groups for $26.95, and to other groups for $31.95; the Supplement is available for $19.95 (nonprofit) and $24.95 (others). Complete sets are available for $39.95 (nonprofit) and $44.95 (others). Postage on the manuals is $2 for one manual or set, and $1 for additional manuals or sets. District of Columbia residents must add 6 percent sales tax. Discounts are available for 20 or more manuals. Send check or money order payable to Legal Counsel for the Elderly, P.O. Box 19269-K, Washington, DC 20036, (202) 662-4933