I 
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 Com-
mittee on Ways and Means 
A BILL 
To provide emergency assistance for families receiving assist-
ance 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 Representa-
tives 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 employ-
ment; or 
(C) activities related to necessary sched-
uled medical treatment. 
(2) GASOLINE.—The term ‘‘gasoline’’ has the 
meaning given the term in section 4082 of the Inter-
nal 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
IN-
COME.—The terms ‘‘poverty level’’ and ‘‘State me-
dian income’’ have the meanings given the terms in 
section 2603 of the Low-Income Home Energy As-
sistance 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 activi-
ties’’ 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 al-
lotments 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 sec-
tion 676(a) of the Community Services Block 
Grant Act (42 U.S.C. 9908(a)); and 
(2) information describing the emergency as-
sistance 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 oth-
erwise be allotted to the State under section 5 for the fis-
cal 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 or-
ganization 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 recog-
nized in the State in which the tribe, band, or group 
resides, or considered by the Secretary of the Inte-
rior, 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 organiza-
tion. 
SEC. 8. ELIGIBLE HOUSEHOLDS. 
(a) IN GENERAL.—To be eligible to receive a pay-
ment from a State under this Act, a household shall sub-
mit an application to the State at such time, in such man-
ner, 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 lo-
cated in Hawaii, 1 or more individuals in the appli-
cant’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 re-
quirements of section 2605(b)(2)(A) of the Low-In-
come 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 in-
come 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 Sec-
retary of Health and Human Services, in consulta-
tion 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 con-
sultation with the Secretary of Energy, shall deter-
mine 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 para-
graph (2), the average per gallon price of the cov-
ered grade of gasoline in each State for January 
2005. 
(4) TRIGGER AND RELEASE PRICES.—The Sec-
retary of Health and Human Services, in consulta-
tion with the Secretary of Energy, shall calculate— 
(A) the trigger price for each State by 
multiplying the price calculated under para-
graph (3) by 115 percent; and
(B) the release price for each State by 
multiplying the price calculated under para-
graph (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 subpara-
graph (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 provi-
sion 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 house-
holds. 
(3) PERIOD.—An eligible household with an ap-
plication approved under section 7 may receive pay-
ments 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 pay-
ments in amounts of not less than $25, and not 
more than $75, per month. The State may deter-
mine 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 sub-
section (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 pur-
poses of— 
(1) any other Federal or federally assisted pro-
gram that bases eligibility, or the amount of bene-
fits, 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, re-
gardless 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 Secu-
rity Act (42 U.S.C. 608(a)(7)). 
SEC. 11. AUTHORITY TO USE FUNDS FOR TEMPORARY AS-
SISTANCE 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 As-
sistance 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 Sec-
retary 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 appro-
priated 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. 
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