[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2427 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2427
To provide emergency assistance for families receiving assistance under
part A of title IV of the Social Security Act and low-income working
families.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Udall of New Mexico (for himself, Mrs. Mink of Hawaii, Mr.
Baldacci, Mr. Meeks of New York, Mr. McGovern, and Ms. Solis)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To provide emergency assistance for families receiving assistance under
part A of title IV of the Social Security Act and low-income working
families.
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 ``Low-Income Gasoline Assistance
Program Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to create new emergency assistance
programs to assist families receiving assistance under part A of title
IV of the Social Security Act and low-income working families to meet
the increasing price of gasoline.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered activities.--The term ``covered activities''
means--
(A) work activities;
(B) education directly related to employment; or
(C) activities related to necessary scheduled
medical treatment.
(2) Gasoline.--The term ``gasoline'' has the meaning given
the term in section 4082 of the Internal Revenue Code of 1986.
(3) Household.--The term ``household'' has the meaning
given the term in section 2603 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8622).
(4) Poverty level; state median income.--The terms
``poverty level'' and ``State median income'' have the meanings
given the terms in section 2603 of the Low-Income Home Energy
Assistance Act of 1981.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(7) Work activities.--The term ``work activities'' has the
meaning given the term in section 407(d) of the Social Security
Act (42 U.S.C. 607(d)).
SEC. 4. EMERGENCY ASSISTANCE PROGRAMS.
The Secretary shall make grants to States, from allotments made
under section 5, to enable the States to establish emergency assistance
programs and to provide, through the programs, payments to eligible
households to enable the households to purchase gasoline.
SEC. 5. STATE ALLOTMENTS.
From the funds appropriated under section 12 for a fiscal year and
remaining after the reservation made in section 11, the Secretary shall
allot to each State an amount that bears the same relation to such
remainder as the amount the State receives under section 675B of the
Community Services Block Grant Act (42 U.S.C. 9906) for that year bears
to the amount all States receive under that section for that year.
SEC. 6. STATE APPLICATIONS.
(a) In General.--To be eligible to receive a grant under this Act,
a State shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(b) Contents.--At a minimum, the application shall contain--
(1) information designating a State agency to carry out the
emergency assistance program in the State, which shall be--
(A) the State agency specified in the State plan
submitted under section 402 of the Social Security Act
(42 U.S.C. 602); or
(B) the State agency designated under section
676(a) of the Community Services Block Grant Act (42
U.S.C. 9908(a)); and
(2) information describing the emergency assistance program
to be carried out in the State.
SEC. 7. ELIGIBLE HOUSEHOLDS.
(a) In General.--To be eligible to receive a payment from a State
under this Act, a household shall submit an application to the State at
such time, in such manner, and containing such information as the State
may require.
(b) Contents.--The applicant shall include in the application
information demonstrating that--
(1) in the case of a household that is not located in
Hawaii, 1 or more individuals in the applicant's household
individually drive not less than 30 miles per day, or not less
than 150 miles per week, to or from covered activities; and
(2)(A)(i) 1 or more individuals in that household were
receiving assistance (including services) under the State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) within the 24-month period ending
on the date of submission of the application; and
(ii) no individual in that household is receiving that
assistance, as of the date of submission of the application;
(B)(i) 1 or more individuals in that household are
receiving assistance (including services) under that State
program; and
(ii) such individuals are engaged in work activities and
are meeting the other requirements of that part A that are
applicable to recipients of such assistance;
(C) the household meets the eligibility requirements of
section 2605(b)(2)(A) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of
that section; or
(D) the household income for the household does not exceed
the greater of--
(i) an amount equal to 150 percent of the poverty
level for the State involved; or
(ii) an amount equal to 60 percent of the State
median income.
(c) Rule.--For purposes of subsection (b)(2)(D), a State--
(1) may not exclude a household from eligibility for a
fiscal year solely on the basis of household income if such
income is less than 110 percent of the poverty level for such
State; but
(2) may give priority to those households with the highest
gasoline costs or needs in relation to household income.
SEC. 8. PROGRAM REQUIREMENTS.
(a) Determination of Trigger Amount.--
(1) Determination of gasoline.--The Secretary of Health and
Human Services, in consultation with the Secretary of Energy,
shall determine a grade of gasoline for which price
determinations will be made under this subsection, which shall
be a type of gasoline that has a specified octane rating or
other specified characteristic.
(2) Determination of calculation.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall determine a method for calculating the average
per gallon price of the covered grade of gasoline in each
State.
(3) Baseline.--The Secretary of Health and Human Services,
in consultation with the Secretary of Energy, shall calculate,
in accordance with paragraph (2), the average per gallon price
of the covered grade of gasoline in each State for January,
2000.
(4) Trigger and release prices.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall calculate--
(A) the trigger price for each State by multiplying
the price calculated under paragraph (3) by 115
percent; and
(B) the release price for each State by multiplying
the price calculated under paragraph (3) by 110
percent.
(b) Payments.--
(1) Availability.--
(A) Monthly price calculation.--The Secretary of
Health and Human Services, in consultation with the
Secretary of Energy, shall calculate, in accordance
with subsection (a)(2), the average per gallon price of
the covered grade of gasoline in each State for each
month.
(B) Determination.--If the Secretary of Health and
Human Services, in consultation with the Secretary of
Energy, determines that the price in a State calculated
under subparagraph (A) for a month--
(i) is more than the trigger price for the
State, the State shall provide payments in
accordance with this subsection for the
following month; and
(ii) is less than the release price for the
State, the State shall suspend provision of the
payments, not earlier than 30 days after the
date of the determination, for the following
month.
(2) General authority.--Except as provided in subsection
(c), the State shall use funds received through a grant made
under section 4 (including a grant increased under section
11(2)) and any funds made available to the State under section
404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to
make payments under this Act to eligible households.
(3) Period.--An eligible household with an application
approved under section 7 may receive payments under this Act
for not more than 3 months. The household may submit additional
applications under section 7, and may receive payments under
this Act for not more than 3 months for each such application
approved by the State.
(4) Amount.--The State shall make the payments in amounts
of not less than $25, and not more than $75, per month. The
State may determine the amount of the payments on a sliding
scale, taking into consideration the household income of the
eligible households.
(c) State Administration.--The State may use not more than 10
percent of the funds described in subsection (b)(2) to pay for the cost
of administering this Act.
(d) Definitions.--In this section:
(1) Covered grade.--The term ``covered grade'' means the
grade of gasoline determined under subsection (a)(1).
(2) Release price.--The term ``release price'' means the
release price calculated under subsection (a)(4)(B).
(3) Trigger price.--The term ``trigger price'' means the
trigger price calculated under subsection (a)(4)(A).
SEC. 9. TREATMENT OF BENEFITS.
(a) Income or Resources.--Notwithstanding any other law, the value
of any payment provided under this Act shall not be treated as income
or resources for purposes of--
(1) any other Federal or federally assisted program that
bases eligibility, or the amount of benefits, on need; or
(2) the Internal Revenue Code of 1986.
(b) TANF Assistance.--For purposes of part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), a payment provided under
this Act shall not be considered to be assistance provided by a State
under that part, regardless of whether the State uses funds made
available under section 404(d)(4) of the Social Security Act (42 U.S.C.
604(d)(4)) to make payments under this Act. The period for which such
payments are provided under this Act shall not be considered to be part
of the 60-month period described in section 408(a)(7) of the Social
Security Act (42 U.S.C. 608(a)(7)).
SEC. 10. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.
Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is
amended--
(1) in paragraph (3)(A), by striking ``paragraph (1)'' and
inserting ``paragraph (1) or (4)''; and
(2) by adding at the end the following:
``(4) Other state programs.--A State may use funds from any
grant made to the State under section 403(a) for a fiscal year
to carry out a State program pursuant to the Low-Income
Gasoline Assistance Program Act.''.
SEC. 11. DISCRETIONARY ACTIVITIES BY THE SECRETARY.
The Secretary of Health and Human Services may reserve not more
than 5 percent of the funds appropriated under section 12 for a fiscal
year--
(1) to pay for the cost of administering this Act; and
(2) to increase the cost of a grant made to a State under
section 4, in any case in which the Secretary determines that
emergency conditions relating to gasoline prices exist in that
State.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $500,000,000 for fiscal year 2002 and each subsequent
fiscal year.
(b) Availability.--Any sums appropriated under subsection (a) for a
fiscal year shall remain available until the end of the succeeding
fiscal year.
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