[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3070 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3070
To amend the Public Health Service Act to address the increased burden
that maintaining the health and hygiene of infants and toddlers places
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2016
Mr. Franken (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to address the increased burden
that maintaining the health and hygiene of infants and toddlers places
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.
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 ``Hygiene Assistance for Families of
Infants and Toddlers Act of 2016''.
SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION
PROJECT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-6. DIAPER DISTRIBUTION DEMONSTRATION PROJECT.
``(a) In General.--The Secretary shall make grants to eligible
entities to conduct demonstration projects that implement and evaluate
strategies to help families with eligible children address the
diapering supply needs of such children.
``(b) Purpose.--The purpose of the diaper distribution
demonstration project under this section is to identify new approaches
to reduce the substantial cost of diapers and related supplies for low-
income families and mitigate the health risks, including increased
rates of depression and anxiety, that can arise when low-income
families do not have an adequate supply of diapers for infants and
toddlers.
``(c) Application Requirements.--An entity desiring a grant under
this section shall submit to the Secretary an application that includes
the following:
``(1) A description of how the entity will use the grant
funds in a cost-effective manner to develop a diaper
distribution program that will provide sufficient diapers and
diapering supplies to each participating family, and the
mechanisms the entity has in place to ensure the safety and
appropriateness of the diapers and diapering supplies provided
to families.
``(2) A description of how the entity will coordinate with
other State, Federal, and community-based programs and agencies
(particularly other programs and agencies targeted at assisting
infants, toddlers, or the parents or guardians of infants or
toddlers) that provide benefits and services to families
participating in the diaper distribution program, to integrate
the distribution of diapers and diapering supplies with the
delivery of such other benefits and services.
``(3) A description of how the entity will provide for the
delivery of benefits under the diaper distribution program,
which may include--
``(A) cash assistance to be used to purchase
diapers and diapering supplies;
``(B) vouchers, coupons, electronic benefit
transfer systems, or any other non-cash method to be
used to purchase diapers and diapering supplies, except
that the entity may not require a store to cover the
cost of any equipment, system, or processing required
for any such method as a condition of participation in
the program;
``(C) assistance in distributing diapers and
diapering supplies from any programs or agencies the
entity considers appropriate;
``(D) the distribution of diapers and diapering
supplies at diaper banks or through other nonprofit
organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code, including through
the assistance of other State or Federal agencies that
partner with such organizations to assist with diaper
and diapering supply distribution; and
``(E) the distribution of diapers and diapering
supplies at any other location or through any other
means that will allow the entity to deliver diapers and
diapering supplies to participating families without
undue inconvenience.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a State or local governmental entity,
an Indian tribe or tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act), or a nonprofit
organization.
``(e) Use of Funds.--An entity to which a grant is made under this
section shall use the grant funds to carry out a diaper distribution
program in accordance with the grant application submitted under
subsection (c) and approved by the Secretary.
``(f) No Effect on Other Programs.--Any assistance or benefits
provided to a family pursuant to a grant made to a State under this
section shall be disregarded for purposes of determining the family's
eligibility for, or amount of, benefits under any other Federal needs-
based program or State-funded needs based program that is financed in
whole or in part with Federal funds.
``(g) Reports.--As a condition of receiving a grant under this
section for a fiscal year, the entity shall submit to the Secretary,
not later than 6 months after the end of the fiscal year, a report that
specifies--
``(1) the number of children and the number of families
receiving assistance from the entity under the diaper
assistance program for each month of the fiscal year, and the
number of such children and families who also receive
assistance during the fiscal year under other relevant public
assistance programs, as determined by the Secretary;
``(2) the number of diapers, and the number of each type of
diapering supply distributed under the diaper distribution
program for each month of the fiscal year; and
``(3) the method or methods the entity uses to distribute
diapers and diapering supplies.
``(h) Evaluation.--The Secretary, in consultation with each entity
that receives a grant under this section, shall--
``(1) not later than September 30, 2018--
``(A) complete an evaluation of the effectiveness
of the diaper distribution programs carried out
pursuant to this section and of varying approaches for
distributing diapers and diapering supplies used in
such programs;
``(B) submit to the relevant congressional
committees a report on the results of such evaluation;
and
``(C) publish the results of the evaluation on the
Internet website of the Department of Health and Human
Services; and
``(2)(A) not later than September 30, 2022, update the
evaluation described in paragraph (1)(A); and
``(B) not later than 90 days after completion of the
updated evaluation under subparagraph (B)--
``(i) submit to the relevant congressional
committees a report describing the results of such
evaluation; and
``(ii) update the website described in paragraph
(1)(C) to include the results of such evaluation.
``(i) Definitions.--In this section:
``(1) The term `diaper' means an absorbent garment that is
washable or disposable that is worn by a child who cannot
control bladder or bowel movements, and, in the case of a
washable diaper, provided together with the support necessary,
such as washing instruction and troubleshooting, to ensure that
such diapers will be properly cleaned and available for reuse.
``(2) The term `diapering supplies' means items, including
diaper wipes and diaper cream, necessary to ensure that a child
using a diaper is properly cleaned and protected from diaper
rash, and that the surrounding population is protected from
harmful bacteria originating from dirty diapers.
``(3) The term `eligible child' means a child who--
``(A) is not toilet-trained;
``(B) has not attained 4 years of age, unless the
entity determines that the child has a substantial
physical or mental impairment that requires the child
to wear diapers; and
``(C) is a member of a family whose income is not
more than 130 percent of the poverty line (as defined
by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981) applicable
to a family of the size involved.
``(4) The term `participating family' means a family that
includes an eligible child participating in a diaper
distribution program carried out pursuant to this section.
``(5) The term `toilet-trained' means able and willing to
use a toilet consistently such that diapers are not necessary
on a daily basis.
``(j) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated for each of fiscal years 2017
through 2021 $75,000,000.
``(2) Availability of funds.--Funds provided to an entity
under this section for a fiscal year may be expended only in
the fiscal year or the succeeding fiscal year.''.
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