End Diaper Need Act of 2021

II 117TH CONGRESS 1ST SESSION S. 304 To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to address the increased burden that maintaining the health and hygiene of infants and toddlers, medi- cally complex children, and low-income adults or adults with disabilities who rely on adult incontinence materials and supplies place on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers and diapering supplies, and for other pur- poses. IN THE SENATE OF THE UNITED STATES FEBRUARY 8, 2021 Ms. DUCKWORTH (for herself, Mr. CRAMER, Mr. CASEY, Mr. DURBIN, Mrs. GILLIBRAND, and Ms. SMITH) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to address the increased burden that maintaining the health and hygiene of infants and toddlers, medically complex children, and low-income adults or adults with disabilities who rely on adult incontinence materials and supplies place on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers and diapering supplies, and for other purposes. VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 304 IS 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 ‘‘End Diaper Need Act 4 of 2021’’. 5 SEC. 2. TARGETED FUNDING FOR DIAPER ASSISTANCE (IN- 6 CLUDING DIAPERING SUPPLIES AND ADULT 7 INCONTINENCE MATERIALS AND SUPPLIES) 8 THROUGH THE SOCIAL SERVICES BLOCK 9 GRANT PROGRAM. 10 (a) INCREASE IN FUNDING FOR SOCIAL SERVICES 11 BLOCK GRANT PROGRAM.— 12 (1) IN GENERAL.—The amount specified in 13 subsection (c) of section 2003 of the Social Security 14 Act (42 U.S.C. 1397b) for purposes of subsections 15 (a) and (b) of such section is deemed to be 16 $1,900,000,000 for each of fiscal years 2022 17 through 2025, of which, the amount equal to 18 $200,000,000, reduced by the amounts reserved 19 under paragraph (2)(B) for each such fiscal year, 20 shall be obligated by States in accordance with sub- 21 section (b). 22 (2) APPROPRIATION.— 23 (A) IN GENERAL.—Out of any money in 24 the Treasury of the United States not otherwise 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 304 IS appropriated, there is appropriated 1 $200,000,000 for each of fiscal years 2022 2 through 2025, to carry out this section. 3 (B) RESERVATIONS.— 4 (i) PURPOSES.—The Secretary shall 5 reserve, from the amount appropriated 6 under subparagraph (A) to carry out this 7 section— 8 (I) for each of fiscal years 2022 9 through 2025, not more than 2 per- 10 cent of the amount appropriated for 11 the fiscal year for purposes of enter- 12 ing into an agreement with a national 13 entity described in subparagraph (C) 14 to assist in providing technical assist- 15 ance and training, to support effective 16 policy, practice, research, and cross- 17 system collaboration among grantees 18 and subgrantees, and to assist in the 19 administration of the program de- 20 scribed in this section; and 21 (II) for fiscal year 2022, an 22 amount, not to exceed $2,000,000, for 23 purposes of conducting an evaluation 24 under subsection (d). 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 304 IS (ii) NO STATE ENTITLEMENT TO RE- 1 SERVED FUNDS.—The State entitlement 2 under section 2002(a) of the Social Secu- 3 rity Act (42 U.S.C. 1397a(a)) shall not 4 apply to the amounts reserved under clause 5 (i). 6 (C) NATIONAL ENTITY DESCRIBED.—A na- 7 tional entity described in this subparagraph is 8 a nonprofit organization described in section 9 501(c)(3) of the Internal Revenue Code of 1986 10 and exempt from taxation under section 501(a) 11 of such Code, that— 12 (i) has experience in more than 1 13 State in the area of— 14 (I) community distributions of 15 basic need services, including experi- 16 ence collecting, warehousing, and dis- 17 tributing basic necessities such as dia- 18 pers, food, or menstrual products; 19 (II) child care; 20 (III) child development activities 21 in low-income communities; or 22 (IV) motherhood, fatherhood, or 23 parent education efforts serving low- 24 income parents of young children; 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 304 IS (ii) demonstrates competency to im- 1 plement a project, provide fiscal account- 2 ability, collect data, and prepare reports 3 and other necessary documentation; and 4 (iii) demonstrates a willingness to 5 share information with researchers, practi- 6 tioners, and other interested parties. 7 (b) RULES GOVERNING USE OF ADDITIONAL 8 FUNDS.— 9 (1) IN GENERAL.—Funds are used in accord- 10 ance with this subsection if— 11 (A) the State, in consultation with relevant 12 stakeholders, including agencies, professional 13 associations, and nonprofit organizations, dis- 14 tributes the funds to eligible entities to— 15 (i) decrease the need for diapers and 16 diapering supplies and adult incontinence 17 materials and supplies in low-income fami- 18 lies and meet such unmet needs of infants 19 and toddlers, medically complex children, 20 and low-income adults and adults with dis- 21 abilities in such families through— 22 (I) the distribution of free dia- 23 pers and diapering supplies, medically 24 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 304 IS necessary diapers, and adult inconti- 1 nence materials and supplies; 2 (II) community outreach to assist 3 in participation in existing diaper dis- 4 tribution programs or programs that 5 distribute medically necessary diapers 6 or adult incontinence materials and 7 supplies; or 8 (III) improving access to diapers 9 and diapering supplies, medically nec- 10 essary diapers, and adult incontinence 11 materials and supplies; and 12 (ii) increase the ability of communities 13 and low-income families in such commu- 14 nities to provide for the need for diapers 15 and diapering supplies, medically necessary 16 diapers, and adult continence materials 17 and supplies, of infants and toddlers, medi- 18 cally complex children, and low-income 19 adults and adults with disabilities; 20 (B) the funds are used subject to the limi- 21 tations in section 2005 of the Social Security 22 Act (42 U.S.C. 1397d); 23 (C) the funds are used to supplement, not 24 supplant, State general revenue funds provided 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 304 IS for the purposes described in subparagraph (A); 1 and 2 (D) the funds are not used for costs that 3 are reimbursable by the Federal Emergency 4 Management Agency, under a contract for in- 5 surance, or by self-insurance. 6 (2) ALLOWABLE USES BY ELIGIBLE ENTI- 7 TIES.—An eligible entity receiving funds made avail- 8 able under subsection (a) shall use the funds for any 9 of the following: 10 (A) To pay for the purchase and distribu- 11 tion of diapers and diapering supplies, medically 12 necessary diapers, and funding diaper (includ- 13 ing medically necessary diapers) distribution 14 that serves low-income families with— 15 (i) 1 or more children 3 years of age 16 or younger; or 17 (ii) 1 or more medically complex chil- 18 dren. 19 (B) To pay for the purchase and distribu- 20 tion of adult incontinence materials and sup- 21 plies and funding distribution of such materials 22 and supplies that serves low-income families 23 with 1 or more low-income adults or adults with 24 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 304 IS disabilities who rely on adult incontinence mate- 1 rials and supplies. 2 (C) To integrate activities carried out 3 under subparagraph (A) with other basic needs 4 assistance programs serving eligible children 5 and their families, including the following: 6 (i) Programs funded by the temporary 7 assistance for needy families program 8 under part A of title IV of the Social Secu- 9 rity Act (42 U.S.C. 601 et seq.), including 10 the State maintenance of effort provisions 11 of such program. 12 (ii) Programs designed to support the 13 health of eligible children, such as the Chil- 14 dren’s Health Insurance Program under 15 title XXI of the Social Security Act, the 16 Medicaid program under title XIX of such 17 Act, or State funded health care programs. 18 (iii) Programs funded through the 19 special supplemental nutrition program for 20 women, infants, and children under section 21 17 of the Child Nutrition Act of 1966. 22 (iv) Programs that offer early home 23 visiting services, including the maternal, 24 infant, and early childhood home visiting 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 304 IS program (including the Tribal home vis- 1 iting program) under section 511 of the 2 Social Security Act (42 U.S.C. 711). 3 (v) Programs to provide improved and 4 affordable access to child care, including 5 programs funded through the Child Care 6 and Development Fund, the temporary as- 7 sistance for needy families program under 8 part A of title IV of the Social Security 9 Act (42 U.S.C. 601 et seq.), or a State- 10 funded program. 11 (3) AVAILABILITY OF FUNDS.— 12 (A) FUNDS DISTRIBUTED TO ELIGIBLE 13 ENTITIES.—Funds made available under sub- 14 section (a) that are distributed to an eligible en- 15 tity by a State for a fiscal year may be ex- 16 pended by the eligible entity only in such fiscal 17 year or the succeeding fiscal year. 18 (B) EVALUATION.—Funds reserved under 19 subsection (a)(2)(B)(i)(II) to carry out the eval- 20 uation under subsection (d) shall be available 21 for expenditure during the 3-year period that 22 begins on the date of enactment of this Act. 23 (4) NO EFFECT ON OTHER PROGRAMS.—Any 24 assistance or benefits received by a family through 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 304 IS funds made available under subsection (a) shall be 1 disregarded for purposes of determining the family’s 2 eligibility for, or amount of, benefits under any other 3 Federal needs-based programs. 4 (c) ANNUAL REPORTS.—A State shall include in the 5 annual report required under section 2006 of the Social 6 Security Act (42 U.S.C. 1397e) covering each of fiscal 7 years 2022 through 2025, information detailing how eligi- 8 ble entities, including subgrantees, used funds made avail- 9 able under subsection (a) to distribute diapers and dia- 10 pering supplies and adult incontinence materials and sup- 11 plies to families in need. Each such report shall include 12 the following: 13 (1) The number and age of infants, toddlers, 14 medically complex children, and low-income adults 15 and adults with disabilities who received assistance 16 or benefits through such funds. 17 (2) The number of families that have received 18 assistance or benefits through such funds. 19 (3) The number of diapers, medically necessary 20 diapers, or adult incontinence materials and supplies 21 (such as adult diapers, briefs, protective underwear, 22 pull-ons, pull-ups, liners, shields, guards, pads, un- 23 dergarments), and the number of each type of dia- 24 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 304 IS pering or adult incontinence supply, distributed 1 through the use of such funds. 2 (4) The ZIP Code or ZIP Codes where the eli- 3 gible entity (or subgrantee) distributed diapers and 4 diapering supplies and adult incontinence materials 5 and supplies. 6 (5) The method or methods the eligible entity 7 (or subgrantee) uses to distribute diapers and dia- 8 pering supplies and, adult incontinence materials 9 and supplies. 10 (6) Such other information as the Secretary 11 may specify. 12 (d) EVALUATION.—The Secretary, in consultation 13 with States, the national entity described in subsection 14 (a)(2)(C), and eligible entities receiving funds made avail- 15 able under this section, shall— 16 (1) not later than 2 years after the date of en- 17 actment of this Act— 18 (A) complete an evaluation of the effective- 19 ness of the assistance program carried out pur- 20 suant to this section, such as the effect of ac- 21 tivities carried out under this Act on mitigating 22 the health and developmental risks of unmet di- 23 aper need among infants, toddlers, medically 24 complex children, and other family members in 25 VerDate Sep 11 2014 19:06 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S304.IS S304 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 304 IS low-income families, including the risks of dia- 1 per dermatitis, urinary tract infections, and pa- 2 rental and child depression and anxiety; 3 (B) submit to the relevant congressional 4 committees a report on the results of such eval- 5 uation; and 6 (C) publish the results of the evaluation on 7 the internet website of the Department of 8 Health and Human Services; 9 (2) not later than 3 years after the date of en- 10 actment of this Act, update the evaluation required 11 by paragraph (1)(A); and 12 (3) not later than 90 days after completion of 13 the updated evaluation under paragraph (2)— 14 (A) submit to the relevant congressional 15 committees a report describing the results of 16 such updated evaluation; and 17 (B) publish the results of such evaluation 18 on the internet website of the Department of 19 Health and Human Services. 20 (e) GUIDANCE.—Not later than 180 days after enact- 21 ment of this Act, the Secretary shall issue guidance re- 22 garding how the provisions of this section should be car- 23 ried out, including information regarding eligible entities, 24 [Text truncated for display. 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