45256 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Notices

processing the payment of health

insurance claims by performing data

entry of customer provided information

and information relating to the cost of

medical treatment, and by utilizing the

customer’s database to match

membership and provider information

to facilitate payment between the

provider and the insurer, and in

collection of financial and other data

from hard copies and electronic images

of airline tickets that is provided to

customers for billing purposes, pursuant

to § 225.28(b)(14) of the Board’s

Regulation Y. See, Banc One

Corporation, 80 Fed. Res. Bull. 139

(1994).

B. Federal Reserve Bank of San

Francisco (Pat Marshall, Manager of

Analytical Support, Consumer

Regulation Group) 101 Market Street,

San Francisco, California 94105–1579:

1. BankAmerica Corporation, San

Francisco, California; to acquire all of

the assets, and assume all of the

liabilities of Robertson Stephens &

Company Group (‘‘Group’’), and

Robertson Stephen & Company, Inc.

(‘‘RS&Co., Inc.’’), and thereby engage

worldwide in underwriting and dealing

in, to a limited extent, all types of debt

and equity securities other than

interests in open end investment

companies See J.P. Morgan & Co., Inc.,

Citicorp and Security Pacific Corp., 75

Fed. Res. Bull, 192 (1989); in

underwriting and dealing in obligations

of the United States, general obligations

of states and their political subdivisions,

and other obligations that state members

banks of the Federal Reserve System

may be authorized to underwrite and

deal in under 12 U.S.C. 24 and 335,

pursuant to § 225.28(b)(8) of the Board’s

Regulation Y; in acting as investment or

financial advisor, pursuant to

§ 225.28(b)(6) of the Board’s Regulation

Y; in providing securities brokerage

services (including securities clearing

and securities execution services on an

exchange), alone and in combination

with investment advisory services, and

incidental activities (including related

securities credit activities and custodial

services), pursuant to § 225.28(b)(7) of

the Board’s Regulation Y; in buying and

selling in the secondary market all types

of securities on the order of customers

as a riskless principal to the extent of

engaging in a transaction in which the

company, after receiving an order to buy

(or sell) a security from a customer,

purchases (or sells) the security for its

own account to offset a

contemporaneous sale to (or purchase

from) the customer, pursuant to

§ 225.28(b)(76) of the Board’s Regulation

Y; in acting as agent for the private

placement of securities in accordance

with the requirements of the Securities

Act of 1933 and the rules of the

Securities and Exchange Commission,

pursuant to § 225.28(b)(7) of the Board’s

Regulation Y; and in providing

administrative and other services to

investment companies, including openend investment companies (‘‘mutual

funds’’). See Bankers Trust 83 Fed. Res.

Bull. ——— (Order dated July 21, 1997);

Barclays PLC, 82 Fed. Res. Bull. 158

(1996); Bank of Ireland, 82 Fed. Res.

Bull. 1129 (1996). BankAmerica would

engage in these activities in accordance

with the limitations and conditions

previously established by the Board by

regulation or order, with certain

exceptions relating to the proposed

provision of advisory and

administrative services to mutual funds

that are discussed in the notice.

BankAmerica also intends to acquire

certain offshore subsidiaries, companies

engaged in providing services to Group

and RS & Co. and its affiliates, and

proprietary investments currently

owned by Group and RS & Co. Inc.

Board of Governors of the Federal Reserve

System, August 20, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–22601 Filed 8–25–97; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of

Governors of the Federal Reserve

System.

TIME AND DATE: 11:00 a.m., Tuesday,

September 2, 1997.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, C Street

entrance between 20th and 21st Streets,

N.W., Washington, D.C. 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,

promotions, assignments,

reassignments, and salary actions)

involving individual Federal Reserve

System employees.

2. Any items carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Mr. Joseph R. Coyne, Assistant to the

Board; (202) 452–3204. You may call

(202) 452–3207, beginning at

approximately 5 p.m. two business days

before this meeting, for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting.

Dated: August 22, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–22867 Filed 8–22–97; 3:44 pm]

BILLING CODE 6210–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(PRWORA); Interpretation of ‘‘Federal

Means-Tested Public Benefit’’

AGENCY: Office of the Secretary, HHS.

ACTION: Notice with comment period.

SUMMARY: This notice with comment

period interprets the term ‘‘Federal

means-tested public benefit[s]’’ as used

in Title IV of the Personal

Responsibility and work Opportunity

Reconciliation Act of 1996 (PRWORA),

Pub. L. 104–193, to include only

mandatory spending programs of the

Federal Government in which eligibility

for the programs’ benefits, or the

amount of such benefits, or both, are

determined on the basis of income or

resources of the eligibility unit seeking

the benefit. At HHS, the benefit

programs that fall within this definition

(and are not explicitly excepted from

the definition by Section 403(c)) are

Medicaid and Temporary Assistance for

Needy Families (TANF).

DATES: Effective Date: This notice is

effective on August 26, 1997.

COMMENT PERIOD: Written comments

will be considered if we receive them at

the appropriate address, as provided in

the ADDRESSES section below, no later

than 5 p.m. on October 27, 1997.

ADDRESSES: Mail comments (1 original

and 3 copies) to the following address:

Division of Economic Support for

Families, Office of the Assistant

Secretary for Planning and Evaluation,

Department of Health and Human

Services, Room 404E, 200 Independence

Ave., SW, Washington, DC 20201,

Attention: David Nielsen.

FOR FURTHER INFORMATION CONTACT:

David Nielsen, (202) 690–7148.

Copies of comments may be inspected

at the above address. Inquiries regarding

how a particular program is affected by

this notice should be submitted to

DHHS program staff responsible for

managing the program at either the

appropriate Regional Office, or

Headquarters in Washington, DC. The

above contact should be used only to

submit general comments regarding the

policy interpretation contained in this

notice.
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Notices 45257

SUPPLEMENTARY INFORMATION:

I. Background

Title IV of PRWORA contains several

references to the term ‘‘Federal meanstested public benefit[s].’’ The most

significant of these references are found

in Sections 403 and 421. Section 403

denies ‘‘Federal means-tested public

benefit[s]’’ to aliens who entered the

United States with a qualified alien

status ‘‘on or after the date of the

enactment of this Act’’ for 5 years

beginning on the date of the aliens’

entry into the United States. Section 421

provides that new sponsor-to-alien

deeming rules apply to ‘‘any Federal

means-tested public benefits program.’’

In the absence of a statutory definition

of ‘‘Federal means-tested public

benefit’’, HHS is interpreting the term to

include only benefits provided by

means-tested, mandatory spending

programs.

Early versions of PRWORA contained

a definition of ‘‘Federal means-tested

public benefit’’ that could have

encompassed benefits provided by both

discretionary spending programs and

mandatory spending programs. (These

early versions provided that, with

certain exceptions, ‘‘the term ‘Federal

means-tested public benefit’ meant a

public benefit (including cash, medical,

housing, and food assistance and social

services) of the Federal Government in

which the eligibility of an individual,

household, or family eligibility unit for

benefits, or the amount of such benefits,

or both are determined on the basis of

income, resources, or financial need of

the individual, household, or unit.’’ 142

Cong. Rec. S8481 (daily ed. July 22,

1996).) During debate over the bill in the

Senate, a member of the Senate raised

a point of order pursuant to the Byrd

Rule, and the definition was struck. The

Senate Parliamentarian upheld the Byrd

Rule objection, the Senate did not

appeal the ruling, and PRWORA was

ultimately enacted without defining the

term.

PRWORA was subject to Section 313

of the Congressional Budget Act of 1974,

also known as the ‘‘Byrd Rule,’’ because

it was enacted as a budget reconciliation

bill. Under the Byrd Rule, a Senator may

raise a point of order to strike or prevent

the incorporation of ‘‘extraneous’’

material. A provision in a reconciliation

bill will be considered ‘‘extraneous’’

and subject to a point of order if, among

other things, ‘‘it produces changes in

outlays or revenues which are merely

incidental to the non-budgetary

components of the provision.’’ 2 U.S.C.

§ 644(b)(1)(D). The legislative history of

PRWORA indicates that the Senate

understood the significance of the Byrd

Rule objection in terms of limiting the

scope of the definition of ‘‘Federal

means-tested public benefit’’ to

mandatory spending programs, while

leaving discretionary programs

unaffected. See 142 Cong. Rec. at S9403

(daily ed. August 1, 1996) (statement of

Senator Chafee); 142 Cong. Rec. at

S9400 (statements of Senators Graham,

Kennedy and Exon). Therefore, to the

extent the definition of ‘‘Federal meanstested public benefit’’ included benefits

provided by discretionary spending

programs, it was subject to a Byrd Rule

objection.

II. Interpretation

In light of the statutory language and

legislative history, HHS is defining

‘‘Federal means-tested public benefit’’ to

apply only to benefits provided by

Federal means-tested, mandatory

spending programs, and not to any

discretionary spending programs or to

any mandatory spending programs that

are not means-tested. For purposes of

this Federal Register notice, a program

is considered ‘‘means-tested’’ if

eligibility for the program’s benefits, or

the amount of such benefits, or both, are

determined on the basis of income or

resources of the eligibility unit seeking

the benefit.

The following HHS programs are

means-tested, mandatory spending

programs: Medicaid, Temporary

Assistance for Needy Families (TANF),

Foster Care, Adoption Assistance, and

part of the Child Care Development

Block Grant. Foster Care and Adoption

Assistance, however, are explicitly

exempted from the term ‘‘Federal

means-tested public benefit’’ under

Section 403(c)(2)(F). The Child Care

Development Block Grant program is

unique in that it is funded from both

mandatory and discretionary parts of

the budget. Since the funds are

operationally commingled at the state

and local level, and since the mixed

nature of the funding results in

budgetary effects more closely akin to

those of a discretionary spending

program, we are treating Child Care as

a discretionary spending program for

purposes of interpreting ‘‘Federal

means-tested public benefit.’’ Therefore,

the HHS programs that constitute

‘‘Federal means-tested public benefits’’

under PRWORA are Medicaid and

TANF.

This interpretation pertains only to

HHS and its benefit programs. Other

Executive Branch agencies whose

programs may be subject to PROWORA

will make independent determinations

about the scope of the term.

III. Comment Period and Effective Date

Although HHS is soliciting public

comment on this interpretation, we

believe that it is necessary to apply this

interpretation to HHS programs

immediately, prior to receipt and

consideration of any comments.

PRWORA was enacted in August,

1996, and since that time HHS has

received numerous inquiries regarding

the application of the term ‘‘Federal

means-tested public benefit.’’

Additional delay will cause unnecessary

or incorrect administrative actions by

agencies or entities that administer our

programs. We also believe it is possible

that due to confusion about the

application of the term ‘‘Federal meanstested public benefit’’ people may have

been denied critical benefits and

services who, according to the

interpretation in this notice, are

otherwise eligible. Without prompt

issuance of this interpretation, state and

local governments and other public and

private benefit providers will remain

confused over how to implement the

requirements of Title IV of PRWORA.

Finally, some states have indicated their

intention to define the term ‘‘Federal

means-tested public benefit’’ on their

own if Federal guidance is not

forthcoming soon. Independent

interpretations by states will only

compound the confusion on this issue

since there is no certainty that each state

will arrive at the same definition of the

term. In sum, although we are providing

a 60-day period for public comment, as

indicated at the beginning of this notice,

this interpretation is effective

immediately.

IV. Economic Impact

The Department has analyzed the

costs and benefits of this notice to

determine whether it has a substantial

economic effect on the economy as a

whole, on states, or on small entities.

The purpose of this analysis was to

identify less burdensome or more

beneficial alternatives and thereby to

influence the requirements imposed by

the notice.

PRWORA creates major economic

effects, a large portion of which results

from changes in the law relating to

immigrants’ eligibility for Federal

benefits. We estimated the 1997–2002

Federal budget savings to Medicaid due

to the immigrant restrictions would be

$5.1 billion. There were no Federal

budget savings estimated for TANF

because, as a block grant, its spending

levels were fixed regardless of caseload

size. These Medicaid budget effects are

essentially due to the eligibility

restrictions contained in the statute.
45258 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Notices

This notice provides HHS’

interpretation as to whether any other

HHS programs are subject to the

PRWORA requirements regarding

immigrants’ eligibility for ‘‘Federal

means-tested’’ benefits, and thereby

serves to prevent confusion among

administering agencies, grantee

agencies, benefit providers, and the

public. This interpretation has no effect

on overall spending levels for any

discretionary-funded HHS programs.

Nor does this interpretation create

burdens or mandates on states or small

entities.

As a result of the PRWORA eligibility

restrictions, this notice is classified as

economically ‘‘significant’’ under

Executive Order 12866’s criterion of an

economic effect of more than $100

million. For the same reason, it is

classified as a ‘‘major rule’’ for purposes

of Congressional review under 5 U.S.C.

§ 801 et. seq., Subtitle E of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121).

And, for the same reasons noted in

section III above, this notice is effective

immediately under the exception

procedures of § 808 of that statute

because we have determined for good

cause that delayed implementation is

impractical and contrary to the public

interest.

Dated: August 21, 1997.

Donna E. Shalala,

Secretary.

[FR Doc. 97–22683 Filed 8–25–97; 8:45 am]

BILLING CODE 4150–04–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Health Care Policy and

Research

Contract Review Meeting

In accordance with Section 10(a) of

the Federal Advisory Committee Act (5

U.S.C. Appendix 2), announcement is

made of the following technical review

committee to meet during the month of

September 1997:

Name: Committee on the Agency for

Health Care Policy and Research Health

Insurance Plan Abstraction Data Base Project.

Date and Time: September 3, 1997, 10:00–

12:00 p.m.

Place: Agency for Health Care Policy and

Research, 2101 East Jefferson Street, Suite

500, Rockville, Md 20852.

This meeting will be closed to the public.

Purpose: The Technical Review

Committee’s charge is to provide, on behalf

of the Agency for Health Care Policy and

Research (AHCPR) Contracts Review

Committee, recommendations to the

Administrator, AHCPR, regarding the

technical merit of the contract proposals

submitted in response to a specific Request

for Proposals regarding the AHCPR Health

Insurance Plan Abstraction Data Base Project.

The purpose of this contract is to create a

data base of health insurance benefits

information. These data describe the health

benefits included in health insurance policy

booklets that are collected as part of the

Medical Expenditure Panel Survey. In order

to develop a uniform set of benefits data,

policy booklets are read, reviewed for

completeness, and information is abstracted

into an electronic data base. To support this

effort, the contract also provides support for

programming the required software and for

implementing a training component. The

training component is needed to instruct

personnel in a uniform set of standards to be

applied during the abstraction of information

from health insurance policy booklets.

Agenda: The Committee meeting will be

devoted entirely to the technical review and

evaluation of the contract proposals

submitted in response to the above

referenced Request for Proposals. The

Administrator, AHCPR, has made a formal

determination that this meeting will not be

open to the public. This action is necessary

to protect the free and full exchange of views

in the contract evaluation process and

safeguard confidential proprietary

information, and personal information

concerning individuals associated with the

proposals that may be revealed during the

meeting. This action is taken in accordance

with section 10(d) of the Federal Advisory

Committee Act, 5 U.S.C., Appendix 2, 5 USC

(b)(c)(6), 41 CFR Section 101–6.1023 and

Department procurement regulations, 48 CFR

section 315.604(d).

Anyone wishing to obtain information

regarding this meeting should contact Jessica

Vistnes, Center for Cost and Financing

Studies, Agency for Health Care Policy and

Research, 2101 East Jefferson Street, Suite

500, Rockville, Maryland 20852, 301/594–

1406.

Dated: August 20, 1997.

John M. Eisenberg,

Administrator.

[FR Doc. 97–22620 Filed 8–25–97; 8:45 am]

BILLING CODE 4160–90–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

[30DAY–22–97]

Agency Forms Undergoing Paperwork

Reduction Act Review

The Centers for Disease Control and

Prevention (CDC) publishes a list of

information collection requests under

review by the Office of Management and

Budget (OMB) in compliance with the

Paperwork Reduction Act (44 U.S.C.

Chapter 35). To request a copy of these

requests, call the CDC Reports Clearance

Office on (404) 639–7090. Send written

comments to CDC, Desk Officer, Human

Resources and Housing Branch, New

Executive Office Building, Room 10235,

Washington, DC 20503. Written

comments should be received within 30

days of this notice.

Proposed Projects

1998 National Health Interview

Survey, Basic Module (0920–0214)—

Revision—The annual National Health

Interview Survey (NHIS) is a basic

source of general statistics on the health

of the U.S. population. Due to the

integration of health surveys in the

Department of Health and Human

Services, the NHIS also has become the

sampling frame and first stage of data

collection for other major surveys,

including the Medical Expenditure

Panel Survey, the National Survey of

Family Growth, and the National Health

and Nutrition Examination Survey. By

linking to the NHIS, the analysis

potential of these surveys increases. The

NHIS has long been used by

government, university, and private

researchers to evaluate both general

health and specific issues, such as

cancer, AIDS, and childhood

immunizations. Journalists use its data

to inform the general public. It will

continue to be a leading source of data

for the Congressionally-mandated

‘‘Health US’’ and related publications,

as well as the single most important

source of statistics to track progress

toward the National Health Promotion

and Disease Prevention Objectives,

‘‘Healthy People 2000.’’

Because of survey integration and

changes in the health and health care of

the U.S. population, demands on the

NHIS have changed and increased,

leading to a major redesign of the

annual core questionnaire, or Basic

Module, and a redesign of the data

collection system from paper

questionnaires to computer assisted

personal interviews (CAPI). Those

redesigned elements were partially

implemented in 1996 and fully

implemented in 1997. This clearance is

for the second full year of data

collection using the Basic Module on

CAPI, and for implementation of the

first ‘‘Topical Module’’ (or supplement),

which is on Health People 2000

Objectives. Ad hoc Topical Modules on

various health issues are provided for in

the redesigned NHIS. This data

collection, planned for January–

December 1998, will result in

publication of new national estimates of

health statistics, release of public use

micro data files, and a sampling frame

for other integrated surveys. In