NIH GUIDE, Volume 26, Number 30, September 5, 1997


P.T. 34




National Institutes of Health


This notice provides information on the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193,

which restricts the access of certain categories of immigrants to

specified Federal benefits. Since this Act  affects some benefits

administered by the Department of Health and Human Services (HHS),

HHS has issued guidance on certain immigrant eligibility provisions

of the PRWORA.


Effective August 26, 1997, HHS has adopted an interpretation on

Section 403 of the PRWORA.  Section 403 of  PRWORA bars most

qualified aliens who enter the U.S. on or after the enactment (August

22, 1996) from being eligible for ~Federal means-tested public

benefits~ for five years.  Under HHS interpretation, ~Federal means-

tested public benefits~ include only  those benefits provided under

the means-tested, mandatory spending programs. The only HHS programs

meeting this definition include Medicaid and Temporary Assistance for

Needy Families (TANF) Block Grants (the successor to the AFDC

program).  No NIH programs meet the  ~Federal means-tested public

benefits~ criterion for purposes of PRWORA.  Therefore, all qualified

aliens, regardless of when they entered the U.S., may continue to be

eligible to participate in programs supported by the National

Institutes of Health if they meet other program requirements.


Guidance on other immigration-related issues is still under

consideration.  HHS is currently analyzing these complex provisions

to determine their impact on numerous programs and services.  Further

information will be provided as issues are resolved.


For detailed information concerning this notice, please refer to The

Federal Register, Volume 62, Number 165, Pages 45,256 - 45,258,

August 26, 1997.  If additional questions remain, please contact your

awarding grants or contracts management office in the NIH Institutes

and Centers.

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