[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4010 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4010

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

                            October 6, 2005

  Mr. Udall of New Mexico (for himself, Ms. Carson, Mr. Cleaver, Mr. 
 Davis of Illinois, Mr. Delahunt, Mr. Al Green of Texas, Mr. Grijalva, 
 Mr. Kanjorski, Mr. McIntyre, Mr. Pallone, and Mr. Wexler) 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 13 for a fiscal year and 
remaining after the reservation made in section 12, 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. PARTICIPATION OF INDIAN TRIBES.

    (a) Reservation.--If, with respect to a State, the Secretary--
            (1) receives a request from the governing body of an Indian 
        tribe or tribal organization in the State that assistance under 
        this Act be made directly to the tribe or organization; and
            (2) determines that the members of the tribe or 
        organization would be better served by means of grants made 
        directly to provide benefits under this Act,
the Secretary shall reserve from amounts that would otherwise be 
allotted to the State under section 5 for the fiscal year the amount 
determined under subsection (b) of this section.
    (b) Determination of Reserved Amount.--The Secretary shall reserve 
from amounts that would otherwise be allotted to the State, not less 
than 100 percent of an amount that bears the same ratio to the State 
allotment for the fiscal year involved as the population of all 
eligible Indians for whom a determination has been made under 
subsection (a) bears to the population of all individuals in the State 
who are eligible for assistance through a grant made under this Act.
    (c) Awards.--The sums reserved by the Secretary on the basis of a 
determination made under subsection (a) shall be made available by 
grant to the Indian tribe or tribal organization serving the 
individuals for whom such a determination has been made.
    (d) Plan.--In order for an Indian tribe or tribal organization to 
be eligible for a grant award for a fiscal year under this section, the 
tribe or organization shall submit to the Secretary a plan for the 
fiscal year that meets such criteria as the Secretary may prescribe by 
regulation.
    (e) Definitions.--In this section:
            (1) Indian tribe; tribal organization.--The terms ``Indian 
        tribe'' and ``tribal organization'' mean a tribe, band, or 
        other organized group recognized in the State in which the 
        tribe, band, or group resides, or considered by the Secretary 
        of the Interior, to be an Indian tribe or an Indian 
        organization for any purpose.
            (2) Indian.--The term ``Indian'' means a member of an 
        Indian tribe or of a tribal organization.

SEC. 8. 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) 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
            (B) 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)(B), 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. 9. 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 
        2005.
            (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. 10. 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. 11. 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. 12. 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 13 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. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $500,000,000 for fiscal year 2006 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.
                                 <all>