To provide emergency assistance for families receiving assistance under part A of title IV of the Social Security Act and low-income working families.

MAY 26, 2001

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Finance

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) 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.

END