(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,
2000.
(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. 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 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. 10. 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. 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 Sec-
retary 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 appro-
priated to carry out this Act $500,000,000 for fiscal year
2002 and each subsequent fiscal year.