[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1727 Introduced in Senate (IS)]

  2d Session
                                S. 1727

To amend the Internal Revenue Code of 1986 to repeal the 1993 tax rate 
  increase on gasoline, diesel fuel, and special motor fuels, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 1996

 Mr. Gramm (for himself, Mr. Smith, and Mrs. Hutchison) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to repeal the 1993 tax rate 
  increase on gasoline, diesel fuel, and special motor fuels, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gas Tax Rollback Act of 1996''.

TITLE I--REPEAL OF 1993 TAX RATE INCREASE ON GASOLINE, DIESEL FUEL, AND 
                          SPECIAL MOTOR FUELS

SEC. 101. REPEAL OF 4.3-CENT INCREASE IN GASOLINE, DIESEL FUEL, AND 
              SPECIAL MOTOR FUEL TAXES.

    (a) Gasoline.--Clause (i) of section 4081(a)(2)(A) of the Internal 
Revenue Code of 1986 is amended by striking ``18.3 cents'' and 
inserting ``14 cents''.
    (b) Diesel Fuel.--Clause (ii) of section 4081(a)(2)(A) of such Code 
is amended by striking ``24.3 cents'' and inserting ``20 cents''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

                       TITLE II--REVENUE OFFSETS

     Subtitle A--Restricting Welfare and Public Benefits for Aliens

              CHAPTER 1--ELIGIBILITY FOR FEDERAL BENEFITS

SEC. 201. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR FEDERAL 
              PUBLIC BENEFITS.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), an alien who is not a qualified 
alien (as defined in section 231) is not eligible for any Federal 
public benefit (as defined in subsection (c)).
    (b) Exceptions.--Subsection (a) shall not apply with respect to the 
following Federal public benefits:
            (1) Emergency medical services under title XIX or XXI of 
        the Social Security Act.
            (2) Short-term, non-cash, in-kind emergency disaster 
        relief.
            (3)(A) Public health assistance for immunizations.
            (B) Public health assistance for testing and treatment of a 
        serious communicable disease if the Secretary of Health and 
        Human Services determines that it is necessary to prevent the 
        spread of such disease.
            (4) Programs, services, or assistance (such as soup 
        kitchens, crisis counseling and intervention, and short-term 
        shelter) specified by the Attorney General, in the Attorney 
        General's sole and unreviewable discretion after consultation 
        with appropriate Federal agencies and departments, which (A) 
        deliver in-kind services at the community level, including 
        through public or private nonprofit agencies; (B) do not 
        condition the provision of assistance, the amount of assistance 
        provided, or the cost of assistance provided on the individual 
recipient's income or resources; and (C) are necessary for the 
protection of life or safety.
            (5) Programs for housing or community development 
        assistance or financial assistance administered by the 
        Secretary of Housing and Urban Development, any program under 
        title V of the Housing Act of 1949, or any assistance under 
        section 306C of the Consolidated Farm and Rural Development 
        Act, to the extent that the alien is receiving such a benefit 
        on the date of the enactment of this Act.
    (c) Federal Public Benefit Defined.--
            (1) Except as provided in paragraph (2), for purposes of 
        this subtitle, the term ``Federal public benefit'' means a 
        Federal public benefit providing direct spending for--
                    (A) any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or by appropriated funds of the 
                United States; and
                    (B) any retirement, welfare, health, disability, 
                public or assisted housing, post-secondary education, 
                food assistance, unemployment benefit, or any other 
                similar benefit for which payments or assistance are 
                provided to an individual, household, or family 
                eligibility unit by an agency of the United States or 
                by appropriated funds of the United States.
            (2) Such term shall not apply--
                    (A) to any contract, professional license, or 
                commercial license for a nonimmigrant whose visa for 
                entry is related to such employment in the United 
                States; or
                    (B) with respect to benefits for an alien who as a 
                work authorized nonimmigrant or as an alien lawfully 
                admitted for permanent residence under the Immigration 
                and Nationality Act qualified for such benefits and for 
                whom the United States under reciprocal treaty 
                agreements is required to pay benefits, as determined 
                by the Attorney General, after consultation with the 
                Secretary of State.

SEC. 202. LIMITED ELIGIBILITY OF CERTAIN QUALIFIED ALIENS FOR CERTAIN 
              FEDERAL PROGRAMS.

    (a) Limited Eligibility for Specified Federal Programs.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as provided in paragraph (2), an alien who is a 
        qualified alien (as defined in section 231) is not eligible for 
        any specified Federal program (as defined in paragraph (3)).
            (2) Exceptions.--
                    (A) Time-limited exception for refugees and 
                asylees.--Paragraph (1) shall not apply to an alien 
                until 5 years after the date--
                            (i) an alien is admitted to the United 
                        States as a refugee under section 207 of the 
                        Immigration and Nationality Act;
                            (ii) an alien is granted asylum under 
                        section 208 of such Act; or
                            (iii) an alien's deportation is withheld 
                        under section 243(h) of such Act.
                    (B) Certain permanent resident aliens.--Paragraph 
                (1) shall not apply to an alien who--
                            (i) is lawfully admitted to the United 
                        States for permanent residence under the 
                        Immigration and Nationality Act; and
                            (ii)(I) has worked 40 qualifying quarters 
                        of coverage as defined under title II of the 
                        Social Security Act, and (II) did not receive 
                        any Federal means-tested public benefit (as 
                        defined in section 203(c)) during any such 
                        quarter.
                    (C) Veteran and active duty exception.--Paragraph 
                (1) shall not apply to an alien who is lawfully 
                residing in any State and is--
                            (i) a veteran (as defined in section 101 of 
                        title 38, United States Code) with a discharge 
                        characterized as an honorable discharge and not 
                        on account of alienage,
                            (ii) on active duty (other than active duty 
                        for training) in the Armed Forces of the United 
                        States, or
                            (iii) the spouse or unmarried dependent 
                        child of an individual described in clause (i) 
                        or (ii).
                    (D) Transition for aliens currently receiving 
                benefits.--Paragraph (1) shall apply to the eligibility 
                of an alien for a program for months beginning on or 
                after January 1, 1997, if, on the date of the enactment 
                of this Act, the alien is lawfully residing in any 
                State and is receiving benefits under such program on 
                the date of the enactment of this Act.
            (3) Specified federal program defined.--For purposes of 
        this subtitle, the term ``specified Federal program'' means any 
        of the following:
                    (A) SSI.--The supplemental security income program 
                under title XVI of the Social Security Act.
                    (B) Food stamps.--The food stamp program as defined 
                in section 3(h) of the Food Stamp Act of 1977.
    (b) Limited Eligibility for Designated Federal Programs.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as provided in section 203 and paragraph (2), a 
        State is authorized to determine the eligibility of an alien 
        who is a qualified alien (as defined in section 231) for any 
        designated Federal program (as defined in paragraph (3)).
            (2) Exceptions.--Qualified aliens under this paragraph 
        shall be eligible for any designated Federal program.
                    (A) Time-limited exception for refugees and 
                asylees.--
                            (i) An alien who is admitted to the United 
                        States as a refugee under section 207 of the 
                        Immigration and Nationality Act until 5 years 
                        after the date of an alien's entry into the 
                        United States.
                            (ii) An alien who is granted asylum under 
                        section 208 of such Act until 5 years after the 
                        date of such grant of asylum.
                            (iii) An alien whose deportation is being 
                        withheld under section 243(h) of such Act until 
                        5 years after such withholding.
                    (B) Certain permanent resident aliens.--An alien 
                who--
                            (i) is lawfully admitted to the United 
                        States for permanent residence under the 
                        Immigration and Nationality Act; and
                            (ii)(I) has worked 40 qualifying quarters 
                        of coverage to be a fully insured individual 
                        for old-age retirement benefits under title II 
                        of the Social Security Act, (II) did not 
                        receive any Federal means-tested public benefit 
                        (as defined in section 203(c)) during any such 
                        quarter, and (III) at the time of application 
                        is otherwise eligible for such benefits.
                    (C) Veteran and active duty exception.--An alien 
                who is lawfully residing in any State and is--
                            (i) a veteran (as defined in section 101 of 
                        title 38, United States Code) with a discharge 
                        characterized as an honorable discharge and not 
                        on account of alienage,
                            (ii) on active duty (other than active duty 
                        for training) in the Armed Forces of the United 
                        States, or
                            (iii) the spouse or unmarried dependent 
                        child of an individual described in clause (i) 
                        or (ii).
                    (D) Transition for those currently receiving 
                benefits.--An alien who on the date of the enactment of 
                this Act is lawfully residing in any State and is 
                receiving benefits under such program on the date of 
                the enactment of this Act shall continue to be eligible 
                to receive such benefits until January 1, 1997.
            (3) Designated federal program defined.--For purposes of 
        this subtitle, the term ``designated Federal program'' means 
        any of the following:
                    (A) Temporary assistance for needy families.--The 
                program of block grants to States for temporary 
                assistance for needy families under part A of title IV 
                of the Social Security Act.
                    (B) Social services block grant.--The program of 
                block grants to States for social services under title 
                XX of the Social Security Act.
                    (C) Medicaid and medigrant.--The program of medical 
                assistance under titles XIX and XXI of the Social 
                Security Act.

SEC. 203. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL 
              MEANS-TESTED PUBLIC BENEFIT.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), an alien who is a qualified alien 
(as defined in section 231) and who enters the United States on or 
after the date of the enactment of this Act is not eligible for any 
Federal means-tested public benefit (as defined in subsection (c)) for 
a period of five years beginning on the date of the alien's entry into 
the United States with a status within the meaning of the term 
``qualified alien''.
    (b) Exceptions.--The limitation under subsection (a) shall not 
apply to the following aliens:
            (1) Exception for refugees and asylees.--
                    (A) An alien who is admitted to the United States 
                as a refugee under section 207 of the Immigration and 
                Nationality Act.
                    (B) An alien who is granted asylum under section 
                208 of such Act.
                    (C) An alien whose deportation is being withheld 
                under section 243(h) of such Act.
            (2) Veteran and active duty exception.--An alien who is 
        lawfully residing in any State and is--
                    (A) a veteran (as defined in section 101 of title 
                38, United States Code) with a discharge characterized 
                as an honorable discharge and not on account of 
                alienage,
                    (B) on active duty (other than active duty for 
                training) in the Armed Forces of the United States, or
                    (C) the spouse or unmarried dependent child of an 
                individual described in subparagraph (A) or (B).
    (c) Federal Means-Tested Public Benefit Defined.--
            (1) Except as provided in paragraph (2), for purposes of 
        this subtitle, the term ``Federal means-tested public benefit'' 
        means a Federal public benefit providing direct spending 
        (including cash, medical, housing, and food assistance and 
        social services) by 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.
            (2) Such term does not include the following:
                    (A) Emergency medical services under title XIX or 
                XXI of the Social Security Act.
                    (B) Short-term, non-cash, in-kind emergency 
                disaster relief.
                    (C) Assistance or benefits under the National 
                School Lunch Act.
                    (D) Assistance or benefits under the Child 
                Nutrition Act of 1966.
                    (E)(i) Public health assistance for immunizations.
                    (ii) Public health assistance for testing and 
                treatment of a serious communicable disease if the 
                Secretary of Health and Human Services determines that 
                it is necessary to prevent the spread of such disease.
                    (F) Payments for foster care and adoption 
                assistance under part B of title IV of the Social 
                Security Act for a child who would, in the absence of 
                subsection (a), be eligible to have such payments made 
                on the child's behalf under such part, but only if the 
                foster or adoptive parent or parents of such child are 
                not described under subsection (a).
                    (G) Programs, services, or assistance (such as soup 
                kitchens, crisis counseling and intervention, and 
                short-term shelter) specified by the Attorney General, 
                in the Attorney General's sole and unreviewable 
                discretion after consultation with appropriate Federal 
                agencies and departments, which (i) deliver in-kind 
                services at the community level, including through 
                public or private nonprofit agencies; (ii) do not 
                condition the provision of assistance, the amount of 
                assistance provided, or the cost of assistance provided 
                on the individual recipient's income or resources; and 
                (iii) are necessary for the protection of life or 
                safety.
                    (H) Programs of student assistance under titles IV, 
                V, IX, and X of the Higher Education Act of 1965.
                    (I) Means-tested programs under the Elementary and 
                Secondary Education Act of 1965.

       CHAPTER 2--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

SEC. 221. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO ALIEN.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (c), in determining the eligibility 
and the amount of benefits of an alien for any means-tested public 
benefits program (as defined in subsection (e)) the income and 
resources of the alien shall be deemed to include the following:
            (1) The income and resources of any person who executed an 
        affidavit of support pursuant to section 213A of the 
        Immigration and Nationality Act (as added by section 222) on 
        behalf of such alien.
            (2) The income and resources of the spouse (if any) of the 
        person.
    (b) Application.--Subsection (a) shall apply with respect to an 
alien until such time as the alien achieves United States citizenship 
through naturalization pursuant to chapter 2 of title III of the 
Immigration and Nationality Act.
    (c) Exceptions.--Subsection (a) shall not apply with respect to the 
following Federal public benefits:
            (1) Emergency medical services under title XIX or XXI of 
        the Social Security Act.
            (2) Short-term, non-cash, in-kind emergency disaster 
        relief.
            (3) Assistance or benefits under the National School Lunch 
        Act.
            (4) Assistance or benefits under the Child Nutrition Act of 
        1966.
            (5)(A) Public health assistance for immunizations.
            (B) Public health assistance for testing and treatment of a 
        serious communicable disease if the Secretary of Health and 
        Human Services determines that it is necessary to prevent the 
        spread of such disease.
            (6) Payments for foster care and adoption assistance under 
        part B of title IV of the Social Security Act for a child who 
        would, in the absence of subsection (a), be eligible to have 
        such payments made on the child's behalf under such part, but 
        only if the foster or adoptive parent or parents of such child 
        are not described under subsection (a).
            (7) Programs, services, or assistance (such as soup 
        kitchens, crisis counseling and intervention, and short-term 
        shelter) specified by the Attorney General, in the Attorney 
        General's sole and unreviewable discretion after consultation 
        with appropriate Federal agencies and departments, which (A) 
        deliver in-kind services at the community level, including 
        through public or private nonprofit agencies; (B) do not 
        condition the provision of assistance, the amount of assistance 
        provided, or the cost of assistance provided on the individual 
        recipient's income or resources; and (C) are necessary for the 
        protection of life or safety.
            (8) Programs of student assistance under titles IV, V, IX, 
        and X of the Higher Education Act of 1965.
    (d) Review of Income and Resources of Alien Upon Reapplication.--
Whenever an alien is required to reapply for benefits under any means-
tested public benefits program, the applicable agency shall review the 
income and resources attributed to the alien under subsection (a).
    (e) Means-Tested Public Benefits Program Defined.--The term 
``means-tested public benefits program'' means a program of Federal 
public benefits providing direct spending (including cash, medical, 
housing, and food assistance and social services) by 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.
    (f) Application.--
            (1) If on the date of the enactment of this Act, a means-
        tested public benefits program attributes a sponsor's income 
        and resources to an alien in determining the alien's 
        eligibility and the amount of benefits for an alien, this 
        section shall apply to any such determination beginning on the 
        day after the date of the enactment of this Act.
            (2) If on the date of the enactment of this Act, a means-
        tested public benefits program does not attribute a sponsor's 
        income and resources to an alien in determining the alien's 
        eligibility and the amount of benefits for an alien, this 
        section shall apply to any such determination beginning 180 
        days after the date of the enactment of this Act.

SEC. 222. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Title II of the Immigration and Nationality Act is 
amended by inserting after section 213 the following new section:

           ``requirements for sponsor's affidavit of support

    ``Sec. 213A. (a) Enforceability.--(1) No affidavit of support may 
be accepted by the Attorney General or by any consular officer to 
establish that an alien is not excludable as a public charge under 
section 212(a)(4) unless such affidavit is executed as a contract--
            ``(A) which is legally enforceable against the sponsor by 
        the sponsored alien, the Federal Government, and by any State 
        (or any political subdivision of such State) which provides any 
        means-tested public benefits program, but not later than 10 
        years after the alien last receives any such benefit;
            ``(B) in which the sponsor agrees to financially support 
        the alien, so that the alien will not become a public charge; 
        and
            ``(C) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (e)(2).
    ``(2) A contract under paragraph (1) shall be enforceable with 
respect to benefits provided to the alien until such time as the alien 
achieves United States citizenship through naturalization pursuant to 
chapter 2 of title III.
    ``(b) Forms.--Not later than 90 days after the date of enactment of 
this section, the Attorney General, in consultation with the Secretary 
of State and the Secretary of Health and Human Services, shall 
formulate an affidavit of support consistent with the provisions of 
this section.
    ``(c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies described 
in section 3201, 3203, 3204, or 3205 of title 28, United States Code, 
as well as an order for specific performance and payment of legal fees 
and other costs of collection, and include corresponding remedies 
available under State law. A Federal agency may seek to collect amounts 
owed under this section in accordance with the provisions of subchapter 
II of chapter 37 of title 31, United States Code.
    ``(d) Notification of Change of Address.--
            ``(1) In general.--The sponsor shall notify the Attorney 
        General and the State in which the sponsored alien is currently 
        a resident within 30 days of any change of address of the 
        sponsor during the period specified in subsection (a)(2).
            ``(2) Penalty.--Any person subject to the requirement of 
        paragraph (1) who fails to satisfy such requirement shall be 
        subject to a civil penalty of--
                    ``(A) not less than $250 or more than $2,000, or
                    ``(B) if such failure occurs with knowledge that 
                the alien has received any means-tested public benefit, 
                not less than $2,000 or more than $5,000.
    ``(e) Reimbursement of Government Expenses.--(1)(A) Upon 
notification that a sponsored alien has received any benefit under any 
means-tested public benefits program, the appropriate Federal, State, 
or local official shall request reimbursement by the sponsor in the 
amount of such assistance.
    ``(B) The Attorney General, in consultation with the Secretary of 
Health and Human Services, shall prescribe such regulations as may be 
necessary to carry out subparagraph (A).
    ``(2) If within 45 days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a response 
from the sponsor indicating a willingness to commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
    ``(3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
    ``(4) No cause of action may be brought under this subsection later 
than 10 years after the alien last received any benefit under any 
means-tested public benefits program.
    ``(5) If, pursuant to the terms of this subsection, a Federal, 
State, or local agency requests reimbursement from the sponsor in the 
amount of assistance provided, or brings an action against the sponsor 
pursuant to the affidavit of support, the appropriate agency may 
appoint or hire an individual or other person to act on behalf of such 
agency acting under the authority of law for purposes of collecting any 
moneys owed. Nothing in this subsection shall preclude any appropriate 
Federal, State, or local agency from directly requesting reimbursement 
from a sponsor for the amount of assistance provided, or from bringing 
an action against a sponsor pursuant to an affidavit of support.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) Sponsor.--The term `sponsor' means an individual 
        who--
                    ``(A) is a citizen or national of the United States 
                or an alien who is lawfully admitted to the United 
                States for permanent residence;
                    ``(B) is 18 years of age or over;
                    ``(C) is domiciled in any State; and
                    ``(D) is the person petitioning for the admission 
                of the alien under section 204.
            ``(2) Means-tested public benefits program defined.--The 
        term `means-tested public benefits program' means a program of 
        Federal public benefits providing direct spending (including 
        cash, medical, housing, and food assistance and social 
        services) by 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.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 213 the 
following:

``Sec. 213A. Requirements for sponsor's affidavit of support.''.
    (c) Effective Date.--Subsection (a) of section 213A of the 
Immigration and Nationality Act, as inserted by subsection (a) of this 
section, shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be not earlier 
than 60 days (and not later than 90 days) after the date the Attorney 
General formulates the form for such affidavits under subsection (b) of 
such section.
    (d) Benefits Not Subject to Reimbursement.--Requirements for 
reimbursement by a sponsor for benefits provided to a sponsored alien 
pursuant to an affidavit of support under section 213A of the 
Immigration and Nationality Act shall not apply with respect to the 
following:
            (1) Emergency medical services under title XIX or XXI of 
        the Social Security Act.
            (2) Short-term, non-cash, in-kind emergency disaster 
        relief.
            (3) Assistance or benefits under the National School Lunch 
        Act.
            (4) Assistance or benefits under the Child Nutrition Act of 
        1966.
            (5)(A) Public health assistance for immunizations.
            (B) Public health assistance for testing and treatment of a 
        serious communicable disease if the Secretary of Health and 
        Human Services determines that it is necessary to prevent the 
        spread of such disease.
            (6) Payments for foster care and adoption assistance under 
        part B of title IV of the Social Security Act for a child who 
        would, in the absence of subsection (a), be eligible to have 
        such payments made on the child's behalf under such part, but 
        only if the foster or adoptive parent or parents of such child 
        are not described under subsection (a).
            (7) Programs, services, or assistance (such as soup 
        kitchens, crisis counseling and intervention, and short-term 
        shelter) specified by the Attorney General, in the Attorney 
        General's sole and unreviewable discretion after consultation 
        with appropriate Federal agencies and departments, which (A) 
        deliver in-kind services at the community level, including 
        through public or private nonprofit agencies; (B) do not 
        condition the provision of assistance, the amount of assistance 
        provided, or the cost of assistance provided on the individual 
        recipient's income or resources; and (C) are necessary for the 
        protection of life or safety.
            (8) Programs of student assistance under titles IV, V, IX, 
        and X of the Higher Education Act of 1965.

SEC. 223. COSIGNATURE OF ALIEN STUDENT LOANS.

    Section 484(b) of the Higher Education Act of 1965 (20 U.S.C. 
1091(b)) is amended by adding at the end the following new paragraph:
            ``(6) Notwithstanding sections 427(a)(2)(C), 428B(a), 
        428C(b)(4)(A), and 464(c)(1)(E), a student who is an alien 
        lawfully admitted for permanent residence under the Immigration 
        and Nationality Act shall not be eligible for a loan under this 
        title unless the loan is endorsed and cosigned by the alien's 
        sponsor under section 213A of the Immigration and Nationality 
        Act or by another individual who is a United States citizen.''.

                     CHAPTER 3--GENERAL PROVISIONS

SEC. 231. DEFINITIONS.

    (a) In General.--Except as otherwise provided in this subtitle, the 
terms used in this subtitle have the same meaning given such terms in 
section 101(a) of the Immigration and Nationality Act.
    (b) Qualified Alien.--For purposes of this subtitle, the term 
``qualified alien'' means an alien who, at the time the alien applies 
for, receives, or attempts to receive a Federal public benefit, is--
            (1) an alien who is lawfully admitted for permanent 
        residence under the Immigration and Nationality Act,
            (2) an alien who is granted asylum under section 208 of 
        such Act,
            (3) a refugee who is admitted to the United States under 
        section 207 of such Act,
            (4) an alien who is paroled into the United States under 
        section 212(d)(5) of such Act for a period of at least 1 year,
            (5) an alien whose deportation is being withheld under 
        section 243(h) of such Act, or
            (6) an alien who is granted conditional entry pursuant to 
        section 203(a)(7) of such Act as in effect prior to April 1, 
        1980.

SEC. 232. REAPPLICATION FOR SSI BENEFITS.

    (a) Application and Notice.--Notwithstanding any other provision of 
law, in the case of an individual who is receiving supplemental 
security income benefits under title XVI of the Social Security Act as 
of the date of the enactment of this Act and whose eligibility for such 
benefits would terminate by reason of the application of section 
202(a)(2)(D), the Commissioner of Social Security shall so notify the 
individual not later than 90 days after the date of the enactment of 
this Act.
    (b) Reapplication.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, each individual notified pursuant to 
        subsection (a) who desires to reapply for benefits under title 
        XVI of the Social Security Act shall reapply to the 
        Commissioner of Social Security.
            (2) Determination of eligibility.--Not later than 1 year 
        after the date of the enactment of this Act, the Commissioner 
        of Social Security shall determine the eligibility of each 
        individual who reapplies for benefits under paragraph (1) 
        pursuant to the procedures of such title XVI.

SEC. 233. STATUTORY CONSTRUCTION.

    (a) Limitation.--
            (1) Nothing in this subtitle may be construed as an 
        entitlement or a determination of an individual's eligibility 
        or fulfillment of the requisite requirements for any Federal, 
        State, or local governmental program, assistance, or benefits. 
        For purposes of this subtitle, eligibility relates only to the 
        general issue of eligibility or ineligibility on the basis of 
        alienage.
            (2) Nothing in this subtitle may be construed as addressing 
        alien eligibility for a basic public education as determined by 
        the Supreme Court of the United States under Plyler v. Doe (457 
        U.S. 202) (1982).
    (b) Not Applicable to Foreign Assistance.--This subtitle does not 
apply to any Federal, State, or local governmental program, assistance, 
or benefits provided to an alien under any program of foreign 
assistance as determined by the Secretary of State in consultation with 
the Attorney General.
    (c) Severability.--If any provision of this subtitle or the 
application of such provision to any person or circumstance is held to 
be unconstitutional, the remainder of this subtitle and the application 
of the provisions of such to any person or circumstance shall not be 
affected thereby.

     Subtitle B--Communications and Spectrum Allocation Provisions

SEC. 301. SPECTRUM AUCTIONS.

    (a) Extension and Expansion of Auction Authority.--
            (1) Amendments.--Section 309(j) of the Communications Act 
        of 1934 (47 U.S.C. 309(j)) is amended--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) General authority.--If, consistent with the 
        obligations described in paragraph (6)(E), mutually exclusive 
        applications are accepted for any initial license or 
        construction permit, then the Commission shall grant such 
        license or permit to a qualified applicant through a system of 
        competitive bidding that meets the requirements of this 
        subsection.
            ``(2) Exemptions.--The competitive bidding authority 
        granted by this subsection shall not apply to licenses or 
        construction permits issued by the Commission--
                    ``(A) that, as the result of the Commission 
                carrying out the obligations described in paragraph 
                (6)(E), are not mutually exclusive;
                    ``(B) for public safety radio services, including 
                non-Government uses the sole or principal purpose of 
                which is to protect the safety of life, health, and 
                property and which are not made commercially available 
                to the public; or
                    ``(C) for initial licenses or construction permits 
                for new terrestrial digital television services 
                assigned by the Commission to existing terrestrial 
                broadcast licensees to replace their current television 
                licenses, unless--
                            ``(i) the Commission, not later than 180 
                        days after the date of enactment of the ____ 
                        Act, after notice and public comment, submits 
                        to Congress a report on the use of the 
                        authority provided in this subsection for the 
                        assignment of initial licenses or construction 
                        permits for use of the electromagnetic spectrum 
                        allocated but not assigned as of the date of 
                        enactment of that Act for television broadcast 
                        services; and
                            ``(ii) the Congress amends this subsection 
                        to authorize the use of the authority provided 
                        by this subsection for such licenses or 
                        permits.
                Except as provided in this subparagraph, the Commission 
                may not assign initial licenses or construction permits 
                under this title to terrestrial commercial television 
                broadcast licensees to replace their existing broadcast 
                licenses before November 15, 1996.''; and
                    (B) by striking ``1998'' in paragraph (11) and 
                inserting ``2002''.
            (2) Conforming amendment.--Subsection (i) of section 309 of 
        such Act is repealed.
            (3) Effective date.--The amendment made by paragraph (1)(A) 
        shall not apply with respect to any license or permit for a 
        terrestrial radio or television broadcast station for which the 
        Federal Communications Commission has accepted mutually 
        exclusive applications on or before the date of enactment of 
        this Act.
    (b) Commission Obligation To Make Additional Spectrum Available by 
Auction.--
            (1) In general.--The Federal Communications Commission 
        shall complete all actions necessary to permit the assignment, 
        by September 30, 2002, by competitive bidding pursuant to 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)) of licenses for the use of bands of frequencies that--
                    (A) individually span not less than 25 megahertz, 
                unless a combination of smaller bands can, 
                notwithstanding the provisions of paragraph (7) of such 
                section, reasonably be expected to produce greater 
                receipts;
                    (B) in the aggregate span not less than 100 
                megahertz;
                    (C) are located below 3 gigahertz; and
                    (D) have not, as of the date of enactment of this 
                Act--
                            (i) been designated by Commission 
                        regulation for assignment pursuant to such 
                        section;
                            (ii) been identified by the Secretary of 
                        Commerce pursuant to section 113 of the 
                        National Telecommunications and Information 
                        Administration Organization Act; or
                            (iii) been reserved for Federal Government 
                        use pursuant to section 305 of the 
                        Communications Act of 1934 (47 U.S.C. 305).
                The Commission shall conduct the competitive bidding 
                for not less than one-half of such aggregate spectrum 
                by September 30, 2000.
            (2) Criteria for reassignment.--In making available bands 
        of frequencies for competitive bidding pursuant to paragraph 
        (1), the Commission shall--
                    (A) seek to promote the most efficient use of the 
                spectrum;
                    (B) take into account the cost to incumbent 
                licensees of relocating existing uses to other bands of 
                frequencies or other means of communication;
                    (C) take into account the needs of public safety 
                radio services;
                    (D) comply with the requirements of international 
                agreements concerning spectrum allocations; and
                    (E) take into account the costs to satellite 
                service providers that could result from multiple 
                auctions of like spectrum internationally for global 
                satellite systems.
            (3) Notification to ntia.--The Commission shall notify the 
        Secretary of Commerce if--
                    (A) the Commission is not able to provide for the 
                effective relocation of incumbent licensees to bands of 
                frequencies that are available to the Commission for 
                assignment; and
                    (B) the Commission has identified bands of 
                frequencies that are--
                            (i) suitable for the relocation of such 
                        licensees; and
                            (ii) allocated for Federal Government use, 
                        but that could be reallocated pursuant to part 
                        B of the National Telecommunications and 
                        Information Administration Organization Act (as 
                        amended by this section).
    (c) Identification and Reallocation of Frequencies.--The National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended--
            (1) in section 113, by adding at the end the following new 
        subsections:
    ``(f) Additional Reallocation Report.--If the Secretary receives a 
notice from the Commission pursuant to section 301(b)(3) of the ____ 
Act, the Secretary shall prepare and submit to the President and the 
Congress a report recommending for reallocation for use other than by 
Federal Government stations under section 305 of the 1934 Act (47 
U.S.C. 305), bands of frequencies that are suitable for the uses 
identified in the Commission's notice.
    ``(g) Relocation of Federal Government Stations.--
            ``(1) In general.--In order to expedite the efficient use 
        of the electromagnetic spectrum and notwithstanding section 
        3302(b) of title 31, United States Code, any Federal entity 
        which operates a Federal Government station may accept payment 
        in advance or in-kind reimbursement of costs, or a combination 
        of payment in advance and in-kind reimbursement, from any 
        person to defray entirely the expenses of relocating the 
        Federal entity's operations from one or more radio spectrum 
        frequencies to another frequency or frequencies, including, 
        without limitation, the costs of any modification, replacement, 
        or reissuance of equipment, facilities, operating manuals, 
        regulations, or other expenses incurred by that entity. Any 
        such payment shall be deposited in the account of such Federal 
        entity in the Treasury of the United States. Funds deposited 
        according to this paragraph shall be available, without 
        appropriation or fiscal year limitation, only for the 
        operations of the Federal entity for which such funds were 
        deposited under this paragraph.
            ``(2) Process for relocation.--Any person seeking to 
        relocate a Federal Government station that has been assigned a 
        frequency within a band allocated for mixed Federal and non-
        Federal use may submit a petition for such relocation to NTIA. 
        The NTIA shall limit or terminate the Federal Government 
        station's operating license when the following requirements are 
        met:
                    ``(A) the person seeking relocation of the Federal 
                Government station has guaranteed to defray entirely, 
                through payment in advance, in-kind reimbursement of 
                costs, or a combination thereof, all relocation costs 
                incurred by the Federal entity, including all 
                engineering, equipment, site acquisition and 
                construction, and regulatory fee costs;
                    ``(B) the person seeking relocation completes all 
                activities necessary for implementing the relocation, 
                including construction of replacement facilities (if 
                necessary and appropriate) and identifying and 
                obtaining on the Federal entity's behalf new 
                frequencies for use by the relocated Federal Government 
                station (where such station is not relocating to 
                spectrum reserved exclusively for Federal use);
                    ``(C) any necessary replacement facilities, 
                equipment modifications, or other changes have been 
                implemented and tested to ensure that the Federal 
                Government station is able to successfully accomplish 
                its purposes; and
                    ``(D) NTIA has determined that the proposed use of 
                the spectrum frequency band to which the Federal entity 
                will relocate its operations is--
                            ``(i) consistent with obligations 
                        undertaken by the United States in 
                        international agreements and with United States 
                        national security and public safety interests; 
                        and
                            ``(ii) suitable for the technical 
                        characteristics of the band and consistent with 
                        other uses of the band.
                In exercising its authority under subparagraph (D)(i), 
                NTIA shall consult with the Secretary of Defense, the 
Secretary of State, or other appropriate officers of the Federal 
Government.
            ``(3) Right to reclaim.--If within one year after the 
        relocation the Federal Government station demonstrates to the 
        Commission that the new facilities or spectrum are not 
        comparable to the facilities or spectrum from which the Federal 
        Government station was relocated, the person seeking such 
        relocation must take reasonable steps to remedy any defects or 
        pay the Federal entity for the costs of returning the Federal 
        Government station to the spectrum from which such station was 
        relocated.
    ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal 
Government station which operates on electromagnetic spectrum that has 
been identified for reallocation for mixed Federal and non-Federal use 
in any reallocation report under subsection (a) shall, to the maximum 
extent practicable through the use of the authority granted under 
subsection (g) and any other applicable provision of law, take action 
to relocate its spectrum use to other frequencies that are reserved for 
Federal use or to consolidate its spectrum use with other Federal 
Government stations in a manner that maximizes the spectrum available 
for non-Federal use. Subsection (c)(4) of this section shall not apply 
to the extent that a non-Federal user seeks to relocate or relocates a 
Federal power agency under subsection (g).
    ``(i) Definition.--For purposes of this section, the term `Federal 
entity' means any department, agency, or other instrumentality of the 
Federal Government that utilizes a Government station license obtained 
under section 305 of the 1934 Act (47 U.S.C. 305).''; and
            (2) in section 114(a)(1), by striking ``(a) or (d)(1)'' and 
        inserting ``(a), (d)(1), or (f)''.
    (d) Identification and Reallocation of Auctionable Frequencies.--
The National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 901 et seq.) is amended--
            (1) in section 113(b)--
                    (A) by striking the heading of paragraph (1) and 
                inserting ``Initial reallocation report.--'';
                    (B) by inserting ``in the first report required by 
                subsection (a)'' after ``recommend for reallocation'' 
                in paragraph (1);
                    (C) by inserting ``or (3)'' after ``paragraph (1)'' 
                each place it appears in paragraph (2); and
                    (D) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Second reallocation report.--In accordance with the 
        provisions of this section, the Secretary shall recommend for 
        reallocation in the second report required by subsection (a), 
        for use other than by Federal Government stations under section 
        305 of the 1934 Act (47 U.S.C. 305), a single frequency band 
        that spans not less than an additional 20 megahertz, that is 
        located below 3 gigahertz, and that meets the criteria 
        specified in paragraphs (1) through (5) of subsection (a).''; 
        and
            (2) in section 115--
                    (A) in subsection (b), by striking ``the report 
                required by section 113(a)'' and inserting ``the 
                initial reallocation report required by section 
                113(a)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) Allocation and Assignment of Frequencies Identified in the 
Second Reallocation Report.--With respect to the frequencies made 
available for reallocation pursuant to section 113(b)(3), the 
Commission shall, not later than 1 year after receipt of the second 
reallocation report required by such section, prepare, submit to the 
President and the Congress, and implement, a plan for the allocation 
and assignment under the 1934 Act of such frequencies. Such plan shall 
propose the immediate allocation and assignment of all such frequencies 
in accordance with section 309(j) of the 1934 Act (47 U.S.C. 
309(j)).''.
                                 <all>