[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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