COVID–19 Diaper Assistance Act

II 117TH CONGRESS 1ST SESSION S. 237 To provide funds through the Social Services Block Grant program for diaper assistance. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2021 Mr. MURPHY (for himself, Ms. ERNST, Ms. DUCKWORTH, Mr. CASEY, Mr. TILLIS, Ms. COLLINS, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide funds through the Social Services Block Grant program for diaper assistance. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Diaper As- 4 sistance Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Infants need between 6 to 12 diapers a day. 8 Infants and toddlers lacking access to clean diapers 9 VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 237 IS have a greater risk for health complications, which 1 require costly and difficult to access medical care. 2 (2) Prior to the COVID–19 pandemic, surveys 3 indicated that 1 in 3 families in the United States 4 with young children could not afford an adequate 5 supply of diapers to keep their child clean, dry, and 6 healthy. 7 (3) Low-income families pay an even higher 8 than average price for diapers because they do not 9 have access to money saving alternatives such as 10 bulk buying or online shopping that can reduce 11 costs. Low-income families spend about 14 percent 12 of their income on diapers. 13 (4) Clean diaper access presents a financial and 14 stressful burden on families’ dependent on child care 15 services. Research indicates that when diaper need is 16 a barrier to child care, parents miss an average of 17 4 workdays a month. 18 (5) The COVID–19 pandemic has further 19 raised demand for diapers and strained diaper 20 banks’ ability to meet low-income families’ needs. 21 Prior to the COVID–19 pandemic, nonprofit diaper 22 bank distribution only met 5 to 6 percent of diaper 23 need. Since the start of the COVID–19 pandemic, 24 diaper banks around the country have experienced 25 VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 237 IS double, triple, or greater increase in demand for dia- 1 pers due to the pandemic and economic shutdown. 2 Nonprofits alone cannot fully address this public 3 health crisis that impacts 1 in 3 families in the 4 United States. 5 SEC. 3. TARGETED FUNDING FOR STATES FOR DIAPER AS- 6 SISTANCE THROUGH THE SOCIAL SERVICES 7 BLOCK GRANT PROGRAM. 8 (a) INCREASE IN FUNDING FOR SOCIAL SERVICES 9 BLOCK GRANT PROGRAM.— 10 (1) IN GENERAL.—The amount specified in 11 subsection (c) of section 2003 of the Social Security 12 Act (42 U.S.C. 1397b) for purposes of subsections 13 (a) and (b) of such section is deemed to be 14 $1,900,000,000 for fiscal year 2021, of which 15 $200,000,000 shall be obligated by States in accord- 16 ance with subsection (b). 17 (2) APPROPRIATION.—Out of any money in the 18 Treasury of the United States not otherwise appro- 19 priated, there are appropriated $200,000,000, which 20 shall be available for payments under section 2002 21 of the Social Security Act (42 U.S.C. 1397a), which 22 shall remain available for expenditure through De- 23 cember 31, 2022. 24 VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 237 IS (3) DEADLINE FOR DISTRIBUTION OF 1 FUNDS.—Within 45 days after the date of enact- 2 ment of this Act, the Secretary of Health and 3 Human Services shall distribute the funds made 4 available by this subsection, which shall be made 5 available to States on an emergency basis for imme- 6 diate obligation and expenditure. 7 (4) SUBMISSION OF REVISED PRE-EXPENDI- 8 TURE REPORT.—Within 90 days after a State re- 9 ceives funds made available by this subsection, the 10 State shall submit to the Secretary of Health and 11 Human Services a revised pre-expenditure report 12 pursuant to subtitle A of title XX of the Social Se- 13 curity Act (42 U.S.C. 1397 et seq.) that describes 14 how the State plans to administer the funds in ac- 15 cordance with subsection (b). 16 (5) DEADLINE FOR OBLIGATION OF FUNDS BY 17 STATES.—A State to which funds made available by 18 this subsection are distributed shall obligate the 19 funds not later than December 31, 2021. 20 (6) DEADLINE FOR EXPENDITURE OF 21 FUNDS.—A grantee to which a State provides funds 22 made available by this subsection (or a subgrantee 23 of such a grantee) shall expend the funds not later 24 than December 31, 2022. 25 VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 237 IS (b) RULES GOVERNING USE OF ADDITIONAL 1 FUNDS.—Funds are used in accordance with this sub- 2 section if— 3 (1) the funds are used to provide through social 4 service agencies or other nonprofit organizations, 5 diapers and diapering supplies (including diaper 6 wipes and diaper cream, necessary to ensure that a 7 child using a diaper is properly cleaned and pro- 8 tected from diaper rash) to families in need; 9 (2) the funds are used subject to the limitations 10 in section 2005 of the Social Security Act (42 11 U.S.C. 1397d); 12 (3) the funds are used to supplement, not sup- 13 plant, State general revenue funds provided for the 14 purposes described in paragraph (1); and 15 (4) the funds are not used for costs that are re- 16 imbursable by the Federal Emergency Management 17 Agency, under a contract for insurance, or by self- 18 insurance. 19 (c) REPORTS.— 20 (1) GRANTEES AND SUBGRANTEES.—Not later 21 than December 31, 2022, each grantee to which a 22 State provides funds made available by subsection 23 (a) (or a subgrantee of such a grantee) shall submit 24 VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 237 IS a report to the State on the use of the funds so pro- 1 vided. 2 (2) SSBG ANNUAL REPORT.—A State shall in- 3 clude in the annual report required under section 4 2006 of the Social Security Act (42 U.S.C. 1397e) 5 covering fiscal year 2023, information detailing how 6 grantees and subgrantees used funds made available 7 under subsection (a) to distribute diapers and dia- 8 pering supplies to families in need. 9 Æ VerDate Sep 11 2014 19:29 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S237.IS S237 pamtmann on DSKBC07HB2PROD with BILLS