effective June 15, 1987. 52 Fed. Reg. 17398 (May 8, 1987).

Delegation of Authority to the Director of the Bureau of Prisons. The Attorney General is redelegating to the Director of the Bureau of Prisons the authority to accept donations on behalf of the Bureau, including federal prison industries, and to make available to the head of any state or local law enforcement agency information with respect to federal prisoners who have been convicted of felony offenses against the U.S. and who are confined at a residential community treatment center located in the requesting agency's geographical area. This final rule amending 28 C.FR. Part 0 was effective April 24, 1987. 52 Fed. Reg. 17951 (May 13, 1987).

Sentencing Guidelines for Federal Courts. The United States Sentencing Commission promulgates guidelines and policy statements for use by the federal courts in determining the sentences to be imposed in criminal cases. The objective is to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct, while maintaining sufficient flexibility to permit individualized sentencing when warranted by mitigating or aggravating factors not taken into account in the guidelines. Unless Congress modifies, postpones, or rejects the guidelines in a six-month review period beginning April 13, 1987, they become effective November 1, 1987. 52 Fed. Reg. 18046 (May 13, 1987).

PUBLIC UTILITIES/ENERGY

Emergency Preparedness Exercise Before Issuance of Operating License. The NRC is amending its regulations to require a full participation exercise, including state and local governments, to be held within two years before the issuance of a full-power operating license, as opposed to the current requirement of within one year. An exercise that tests the licensee's onsite emergency plan, but that need not include state or local government participation, is still required to be held within one year before issuance of a full-power operating license. This final rule at 10 C.FR. Part 50 was effective on May 6, 1987. 52 Fed. Reg. 16823 (May 6, 1987).

Energy Conservation Standards for Commercial and Residential Buildings. The Department of Energy is proposing performance standards for energy conservation for new commercial and multifamily high-rise residential buildings. These proposed interim standards would require federal agencies to design federal commercial and multifamily high-rise residential buildings to satisfy the energy efficiency requirements of the standards. The standards would not regulate the design of non-federal buildings, although DOE would recommend the use of the

standards to the design professions as guidelines for the design of energy-conserving buildings. The comment deadline is August 4, 1987. 52 Fed. Reg. 17052 (May 6, 1987).

Rules of Discovery for Trial-Type Proceedings. The Federal Energy Regulatory Commission issued a final rule at 52 Fed. Reg. 6957 (Mar. 6, 1987) amending its rules of practice and procedure concerning the conduct of discovery in its trial-type proceedings. In this order, the Commission grants rehearing of its final rule solely for the purpose of further consideration. The order at 18 C.FR. Part 385 was effective April 30, 1987. 52 Fed. Reg. 16844 (May 6, 1987).

RURAL ISSUES

Regulatory Accounting Practices. The Farm Credit Administration publishes amendments to its regulations that were published at 51 Fed. Reg. 46597 (Dec. 24, 1986) and amended at 52 Fed. Reg. 2670 (Jan. 26, 1987) relating to the utilization of regulatory accounting practices (RAP) by Farm Credit System institutions. These amendments establish the circumstances under which System federal land bank associations are authorized to use RAP to adjust the value of their stock for regulatory purposes to reflect the use of RAP by the district federal land bank. The amendments at 12 C.FR. Part 624 were effective December 24, 1986. 52 Fed. Reg. 13428 (Apr. 23, 1987).

Providing Benefits to the Pacific Islands. In order to permit Farmers Home Administration offices servicing the Pacific Islands to continue to provide financial assistance to eligible applicants, FmHA will allow these offices to use a special taxpayer identification number issued by a Pacific Island government to its residents as the borrower's case number. Currently, residents of the Pacific Islands cannot receive federally issued taxpayer identification numbers. This final rule at 7 C.FR. Part 1910 was effective April 29, 1987. 52 Fed. Reg. 15490 (Apr. 29, 1987).

Site Development Plans. The Farmers Home Administration has revised and renumbered its regulation concerning the review and approval of subdivision and scattered site locations and development. FmHA intends to provide procedures and guidelines for preparing site development plans that will be consistent with federal laws, regulations, and executive orders. FmHA also directs its financial assistance towards orderly development of rural areas and provides a planning process that considers impacts on the environment and existing development. This final rule at 7 C.FR. Parts 1804, 1822, 1924, 1933, 1944, and 1980 was effective June 22, 1987. 52 Fed. Reg. 19282 (May 22, 1987).

SOCIAL SECURITY/SSI

Discontinuation of SSA Representation Project. SSA is revoking regulations, which had been established at 47 Fed. Reg. 36117 (Aug. 19, 1982), that had modified the process for ALJ hearings involving the issue of disability under Title II and Title XVI of the Social Security Act. The regulations permitted SSA to use special personnel known as "SSA representatives" who reviewed disability case records before hearings and, if necessary, initiated the development of further evidence. In addition, when the claimant had a representative at the hearing, the SSA representative appeared at, and participated in, the hearing. This final rule amending 20 C.FR. Parts 404 and 416 was effective May 7, 1987. 52 Fed. Reg. 17285 (May 7, 1987).

Eligibility for Underpayment Due a Deceased Person. SSA is revising its rules to prohibit payment of an underpayment of old-age, survivors, and disability insurance benefits due a deceased person to any individual who intentionally and feloniously killed that person. This final rule amending 20 C.FR. Part 404 was effective May 21, 1987. 52 Fed. Reg. 19135 (May 21, 1987).

Fee Determinations for Claimants' Representatives. SSA published a proposed rule at 51 Fed. Reg. 28834 (Aug. 12, 1986) that allowed SSA on its own motion to review and revise fee determinations that are based on improper application of the statute or regulations, or on an error of fact. The current regulations do not provide SSA the authority to correct errors that are inequitable to either a claimant or representative unless the claimant or representative requests administrative review. SSA is withdrawing this proposed rule at 20 C.FR. Parts 404, 410, and 416 because of negative comments on it and a basic misunderstanding of what SSA intended to achieve. The withdrawal was effective May 21, 1987. 52 Fed. Reg. 19169 (May 21, 1987).

TRANSPORTATION

Urban Mass Transportation. The Federal Mass Transportation Act of 1987 revises certain of the section 9 formula program operating assistance limitations and provides authorizations for the section 16(b)(2) elderly and handicapped program. The revision states that for FY 1987 an urbanized area that first became an "urbanized" area under the 1980 census or thereafter may use for operating assistance an amount not to exceed two thirds of its section 9 apportionment. Therefore, this notice provides revised operating assistance limitation tables that reflect this change for governors to use in their states in urbanized areas under 200,000 in population. The apportionment of section 16(b)(2) funds to the states is also contained in this notice. 52 Fed. Reg. 13899 (Apr. 27, 1987).

Implementation of the Federal Mass Transportation Act. The Federal Mass Transportation Act of 1987 makes a number of changes to the programs of the Urban Mass Transportation Administration, such as (1) providing contract authority for the Mass Transit Account of the Highway Trust Fund for FYs 1987 to 1991; (2) making a number of expenses eligible for capital funding that have been eligible as operating costs under section 9; and (3) adding section 18(h), which beginning in FY 1988 authorizes some $5 million a year from general revenues for rural transportation assistance and research. 52 Fed. Reg. 15440 (Apr. 28, 1987).

VETERANS/MILITARY

Eligibility for Homestead Entry. The Bureau of Land Management deletes from the existing regulations at 43 C.FR. Part 2090 obsolete provisions under which veterans could become eligible for a homestead entry on the public lands. These provisions have become obsolete because all laws governing homestead entries on public lands in the 14 western states and Alaska were repealed by section 702 of the Federal Land Policy and Management Act of 1976. This final rulemaking was effective April 21, 1987. 52 Fed. Reg. 13084 (Apr. 21, 1987).

School's Certification of Enrollment. To conform to section 319 of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986, the VA is withdrawing a proposal published at 48 Fed. Reg. 30151 (June 30, 1983) that would require schools to certify enrollments made each term, quarter, or semester. This proposal would amend 38 C.FR. Part 21. 52 Fed. Reg. 13110 (Apr. 21, 1987).

Loans for Enrolling in a Foreign Medical School. The Administrator of Veteran Affairs is providing additional criteria, in accordance with the Higher Education Amendments of 1986, that a foreign medical school must meet before a veteran's enrollment in the school's courses may be approved. For example, a minimum percentage of students must pass the examinations administered by the Educational Commission for Foreign Medical Graduates when less than 60 percent of the students enrolled in the foreign medical school are nationals of the country in which the school is located. If the Administrator does not approve the veteran's enrollment, he has the authority by law to deny or discontinue guaranteed student loans. These regulations amending 38 C.FR. Part 21 were

effective March 31, 1987. 52 Fed. Reg. 13238 (Apr. 22, 1987).

Adult Day Health Care. The VA is amending its medical regulations at 38 C.FR. Part 17 to incorporate new sections providing adult day health care. Section 103 of the Veterans' Health Care Amendments of 1983 authorizes the VA to furnish adult day health care in VA facilities and by contract with non-VA facilities. This amendment will provide an adult day program for the VA as an alternative to nursing home care. These final regulations were effective April 23, 1987. 52 Fed. Reg. 13440 (Apr. 23, 1987).

Annual Report of Federal Contractors. The Department of Labor published at 52 Fed. Reg. 6674 (Mar. 4, 1987) a final rule that requires federal contractors to report annually on, among other things, the numbers of special disabled and Vietnam era veterans in their work force by job category and hiring location. The Department is correcting an omission of the number of days a veteran must have served on active duty to be considered a "veteran of the Vietnam era." This correction was effective April 24, 1987. 52 Fed. Reg. 13674 (Apr. 24, 1987).

Educational Assistance for Secondary School Diploma. The VA is clarifying that veterans (eligible for assistance under the Vietnam Era GI Bill) and spouses and surviving spouses of veterans (eligible for assistance under the Dependents' Educational Assistance Program) who already have a secondary school diploma awarded by a school located in a foreign country may not receive educational assistance for the pursuit of another secondary school diploma or equivalency certificate in the U.S. This final rule amending 38 C.FR. Part 21 was effective April 20, 1987. 52 Fed. Reg. 17951 (May 13, 1987).

Maximum Permissible Interest Rates on Home Loans. The VA is increasing the maximum interest rates on guaranteed manufactured home unit loans, lot loans, and combination manufactured home unit and lot loans. In addition, the VA is also increasing the maximum interest rates applicable to fixed payment and graduated payment home and condominium loans, and to home improvement and energy conservation loans. These increases are necessary because previous rates were not competitive enough to induce lenders to make guaranteed or insured loans without substantial discounts, or to make manu

factured home loans. These final regulations amending 38 C.F.R. Part 36 were effective May 11, 1987. 52 Fed. Reg. 18355 (May 15, 1987).

Readjustment Problems of Vietnam Veterans. The Administrator of Veterans Affairs has renewed the Advisory Committee on Readjustment Problems of Vietnam Veterans for a twoyear period extending from May 8, 1987, through May 7, 1989. 52 Fed. Reg. 18770 (May 19, 1987).

Documentary Evidence for Claims for Benefits. The VA has amended its adjudication regulations to permit the acceptance of photocopies of documentary evidence in certain cases. These amendments are necessary to alleviate the burden and reduce the cost to claimants and beneficiaries who are required to submit documentary evidence to establish birth, death, marriage, or relationship in connection with claims for veterans' benefits. This final rule amending 38 C.F.R. Part 3 was effective June 22, 1987. 52 Fed. Reg. 19347 (May 22, 1987).

WELFARE

Computer Matching Program. The Postal Service gives notice of its plan to participate in a computer matching program with the Utah Department of Social Services. The Postal Service has agreed to assist that office in its efforts to identify current postal employees who are (1) absent parents owing child support obligations in the State of Utah, including those owed to the state as a result of benefits paid to dependents; and (2) recipients of AFDC or Medicaid benefits to which they are not entitled. The match was expected to begin on or about May 1987. 52 Fed. Reg. 16324 (May 4, 1987).

Income Security Policy. Applications from states, the public, and organizations for research in the area of income security policy were to be submitted by August 6, 1987. Priority areas for this research include: (1) the relationship of availability of medical services to welfare dependency; (2) the measurement of poverty; (3) the economic attainment of blacks and Puerto Ricans; (4) the incidence and implications of the growth of sub-families (i.e. families of two or more persons within a larger household, whose head is a relative of the household head); and (5) the massive growth in the level of means-tested in-kind benefits at the expense of means-tested cash benefits. The grants are expected to be made on or about September 30, 1987. 52 Fed. Reg. 19591 (May 26, 1987).

ATTORNEYS/LEGAL SERVICES

Fourth Circuit Interprets Substantial Justification Standard Under the EAJA

41,751. Pullen v. Bowen, No. 86-1668 (4th Cir. June 2, 1987). Appellant represented by Carter Foulds, Rappahannock Legal Services, 702 S. Main St., Culpeper, VA 22701, (703) 825-3131. [Here reported: (Accession No. 1010009) 41,751D Opinion (6pp.). Previously reported at 20 CLEaringhouse REV. 1305 (Feb. 1987).]

The Fourth Circuit has upheld the district court's decision denying attorney fees to appellant, who had successfully challenged the denial of her application for widow's disability insurance and SSI benefits. The district court had found that appellant was disabled under section 12.05C's listing of impairments, because her anxiety attacks amounted to an additional and significant limitation when combined with her other disabilities. The district court reversed the agency, finding that the denial of SSI and disabled widow's benefits was not supported by substantial evidence. Appellant then sought attorney fees, arguing that, absent "extraordinary, special circumstances," the position of the United States cannot be substantially justified in her case because the denial of benefits had been reversed for lack of substantial evidence. In rejecting the fee request, the Fourth Circuit stated that the 1985 Amendments to the Equal Access to Justice Act did not implement such an exacting standard and that, since Congress did not intend to impose a new definition of substantial justification, the court would adhere to the "reasonable in fact and law" standard that it has used since deciding Guthrie v. Schweiker, 718 F.2d 104 (4th Cir. 1983), and Tyler Business Services v. NLRB, 695 F.2d 73 (4th Cir. 1982). However, the court stated that, when it is reversed under the substantial evidence standard, the government bears the burden of showing that the denial of benefits was, indeed, substantially justified. In employing the de novo standard of review customary in the Fourth Circuit, the court found that the ALJ did not transgress the EAJA standard in finding that appellant's disabilities did not impose significant work-related limitations and that the Secretary could have reasonably found that her panic and anxiety attacks did not impose an additional and significant work-related limitation on appellant because the precise nature of her problem proved elusive. The court also found that, in evaluating appellant's claims, the ALJ followed the proper sequential process and had had to make difficult judgments on the evidence. In so ruling, the court held that, although the award of benefits was appro

priate, the lower court's reversal on the merits did not mandate an award of attorney fees.

HHS Agrees to Pay Attorney Fees to Class of Social Security and SSI Claimants Who Received Favorable Final Orders

35,480. Underdue v. Bowen, No. K-83-3885 (D. Md. May 22, 1987). Plaintiffs represented by Peter Martin, Legal Aid Bureau, 714 E. Pratt St., Baltimore, MD 21202-3105, (301) 539-5340. [Here reported: (Accession No. 1010028) 35,480C Settlement Agreement & Order (10pp.). Previously reported at 18 CLEARINGHOUSE REV. 775 (Nov. 1984).]

A settlement has been reached in this action involving the applicability of the attorney fees provisions of the Equal Access to Justice Act to SSA's Government Representative Project in Baltimore. Plaintiff class of social security and SSI applicants, who were successful before the ALJ and who subsequently filed for attorney fees, sought a declaration that the EAJA is applicable to SSAR Project hearings. Pursuant to the agreement, the Secretary has stipulated that (1) the sub-class members who received favorable final decisions on their social security and SSI disability claims before August 5, 1985, will receive a notice advising them of their right to submit an application for reimbursement of EAJA fees from a fund established by SSA, totaling approximately $78,700; and (2) the sub-class members who received final favorable decisions after August 5, 1985, will receive notice that they are entitled to submit claims for attorney fees under the EAJA. Defendant has further agreed to pay counsel for plaintiffs $12,000 in legal fees and costs.

Nonprofit Status of Counsel Not a Factor in Award of Attorney Fees in Domestic Relations Case

41,417. Benavides v. Benavides, No. 4933 (Conn. App. Ct. June 2, 1987). Appellant represented by Claudine Siegel, Julia Bradley, Connecticut Legal Services, 98 S. Main St., South Norwalk, CT 06854, (203) 854-1860. [Here reported: (Accession No. 1010047) 41,417C Opinion (7pp.). Previously reported at 21 CLEARINGHOUSE REV. 164 (June 1987).]

The Connecticut Appellate Court has remanded this post-divorce action and ordered that the full amount of coun