119 S1815 IS: End Diaper Need Act of 2025
U.S. Senate
2025-05-20
text/xml
EN
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II
119th CONGRESS
1st Session
S. 1815
IN THE SENATE OF THE UNITED STATES
May 20, 2025
Ms. Duckworth (for herself, Mr. Cramer, and Mr. Kelly) 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.
1.

Short title
This Act may be cited as the “End Diaper Need Act of 2025”.
2.

Targeted funding for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program
(a)

Increase in funding for Social Services Block Grant Program
(1)

In general
The amount specified in subsection (c) of section 2003 of the Social Security Act (42 U.S.C. 1397b) for purposes of subsections (a) and (b) of such section is deemed to be $1,900,000,000 for each of fiscal years 2026 through 2029. Each State shall use the increase in funding the State receives as a result of this section in accordance with subsection (b) of this section.
(2)

Appropriation
(A)

In general
Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2026 through 2029, to carry out this section.
(B)

Reservations
(i)

Purposes
The Secretary shall reserve, from the amount appropriated under subparagraph (A) to carry out this section—
(I)
for each of fiscal years 2026 through 2029, not more than 2 percent of the amount appropriated for the fiscal year for purposes of entering into an agreement with a national entity described in subparagraph (C) to assist in providing technical assistance and training, to support effective policy, practice, research, and cross-system collaboration among grantees and subgrantees, and to assist in the administration of the program described in this section; and
(II)
for fiscal year 2026, an amount, not to exceed $3,000,000, for purposes of conducting an evaluation under subsection (d).
(ii)

No State entitlement to reserved funds
The State entitlement under section 2002(a) of the Social Security Act (42 U.S.C. 1397a(a)) shall not apply to the amounts reserved under clause (i).
(C)

National entity described
A national entity described in this subparagraph is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that—
(i)
has experience in more than 1 State in the area of—
(I)
community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products;
(II)
child care;
(III)
child development activities in low-income communities; or
(IV)
motherhood, fatherhood, or parent education efforts serving low-income parents of young children;
(ii)
demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and
(iii)
demonstrates a willingness to share information with researchers, practitioners, and other interested parties.
(b)

Rules governing use of additional funds
(1)

In general
Funds are used in accordance with this subsection if—
(A)
the State, in consultation with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, distributes the funds to eligible entities to—
(i)
decrease the need for diapers and diapering supplies and adult incontinence materials and supplies in low-income families and meet such unmet needs of infants and toddlers, medically complex children, and low-income adults and adults with disabilities in such families through—
(I)
the distribution of free diapers and diapering supplies, medically necessary diapers, and adult incontinence materials and supplies; and
(II)
improving access to diapers and diapering supplies, medically necessary diapers, and adult incontinence materials and supplies;
(ii)
carry out community outreach to assist in participation in diaper distribution programs or programs that distribute medically necessary diapers or adult incontinence materials and supplies; and
(iii)
increase the ability of communities and low-income families in such communities to provide for the need for diapers and diapering supplies, medically necessary diapers, and adult continence materials and supplies, of infants and toddlers, medically complex children, and low-income adults and adults with disabilities;
(B)
the funds are used subject to the limitations in section 2005 of the Social Security Act (42 U.S.C. 1397d); and
(C)
the funds are used to supplement, not supplant, State general revenue funds provided for the purposes described in subparagraph (A).
(2)

Administrative costs
A State receiving funds made available under subsection (a) may use not more than 5 percent of the funds for State administrative costs, which may include costs of contracting, monitoring, and reporting.
(3)

Allowable uses by eligible entities
An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following:
(A)
To pay for the purchase and distribution of diapers and diapering supplies, medically necessary diapers, and funding diaper (including medically necessary diapers) distribution that serves low-income families with—
(i)
1 or more children 3 years of age or younger; or
(ii)
1 or more medically complex children.
(B)
To pay for the purchase and distribution of adult incontinence materials and supplies and funding distribution of the materials and supplies for low-income families with 1 or more low-income adults, adults with disabilities, or children with a disability who have attained 3 years of age and have not attained 19 years of age, who rely on adult incontinence materials and supplies.
(C)
To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving eligible children and their families, including the following:
(i)
Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), including the State maintenance of effort provisions of such program.
(ii)
Programs designed to support the health of eligible children, such as the Children’s Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs.
(iii)
Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966.
(iv)
Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act (42 U.S.C. 711).
(v)
Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or a State-funded program.
(vi)
Programs funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
(4)

Availability of funds
(A)

Funds distributed to eligible entities
Funds made available under subsection (a) that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year.
(B)

Evaluation
Funds reserved under subsection (a)(2)(B)(i)(II) to carry out the evaluation under subsection (d) shall be available for expenditure during the 3-year period that begins on the date of enactment of this Act.
(5)

No effect on other programs
Any assistance or benefits received by a family through funds made available under subsection (a) shall be disregarded for purposes of determining the family’s eligibility for, or amount of, benefits under any other Federal needs-based programs.
(c)

Annual reports
A State shall include in the annual report required under section 2006 of the Social Security Act (42 U.S.C. 1397e) covering each of fiscal years 2026 through 2029, information detailing how eligible entities, including subgrantees, used funds made available under subsection (a) to distribute diapers and diapering supplies and adult incontinence materials and supplies to families in need. Each such report shall include the following:
(1)
The number and age of infants, toddlers, medically complex children, and low-income adults and adults with disabilities who received assistance or benefits through such funds.
(2)
The number of families that have received assistance or benefits through such funds.
(3)
The number of diapers, medically necessary diapers, or adult incontinence materials and supplies (such as adult diapers, briefs, protective underwear, pull-ons, pull-ups, liners, shields, guards, pads, undergarments), and the number of each type of diapering or adult incontinence supply, distributed through the use of such funds.
(4)
The ZIP Code or ZIP Codes where the eligible entity (or subgrantee) distributed diapers and diapering supplies and adult incontinence materials and supplies.
(5)
The method or methods the eligible entity (or subgrantee) uses to distribute diapers and diapering supplies and, adult incontinence materials and supplies.
(6)
Such other information as the Secretary may specify.
(d)

Evaluation
The Secretary, in consultation with States, the national entity described in subsection (a)(2)(C), and eligible entities receiving funds made available under this section, shall—
(1)
not later than 2 years after the date of enactment of this Act—
(A)
complete an evaluation of the effectiveness of the assistance program carried out pursuant to this section, such as the effect of activities carried out under this Act on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, medically complex children, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety;
(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;
(2)
not later than 3 years after the date of enactment of this Act, update the evaluation required by paragraph (1)(A); and
(3)
not later than 120 days after completion of the updated evaluation under paragraph (2)—
(A)
submit to the relevant congressional committees a report describing the results of such updated evaluation; and
(B)
publish the results of such evaluation on the internet website of the Department of Health and Human Services.
(e)

Guidance
Not later than 180 days after enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this section should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements.
(f)

Definitions
In this section:
(1)

Adult incontinence materials and supplies
The term adult incontinence materials and supplies means those supplies that are used to assist adults or adults with disabilities and includes adult diapers, briefs, protective underwear, pull-ons, pull-ups, liners, shields, guards, pads, undergarments, disposable wipes, over-the-counter adult diaper rash cream products, intermittent catheterization, indwelling catheters, condom catheters, urinary drainage bags, external collection devices, wearable urinals, and penile clamps.
(2)

Adults with disabilities
The term adults with disabilities means individuals who—
(A)
have attained 18 years of age; and
(B)
have a disability (as such term is defined, with respect to an individual, in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(3)

Diaper
The term diaper means an absorbent garment that—
(A)
is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and
(B)
if disposable—
(i)
does not use any latex or common allergens; and
(ii)
meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories:
(I)
Absorbency (with acceptable rates for first and second wetting).
(II)
Waterproof outer cover.
(III)
Flexible leg openings.
(IV)
Refastening closures.
(4)

Diaper bank
- The term diaper bank means a nonprofit organization that—
(A)
is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code;
(B)
is established and operating primarily for the purpose of collecting or purchasing diapers and diapering supplies; and
(C)
distributes diapers and diapering supplies either directly or through partnerships for eventual distribution to individuals free of charge.
(5)

Diapering supplies
The term diapering supplies means items, including diaper wipes and diaper cream, necessary to ensure that—
(A)
an eligible child using a diaper is properly cleaned and protected from diaper rash; or
(B)
a medically complex child who uses a medically necessary diaper is properly cleaned and protected from diaper rash.
(6)

Eligible child
The term eligible child means a child who—
(A)
has not attained 4 years of age; and
(B)
is a member of a low-income family.
(7)

Eligible entities
The term eligible entity means 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 diaper bank or other nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code that—
(A)
has at least 1 year of demonstrated experience in the area of—
(i)
community distributions of diapers and diapering supplies and other basic need services, such as food or menstrual products;
(ii)
child care;
(iii)
child development activities in low-income communities; or
(iv)
motherhood, fatherhood, or parent education efforts serving low-income parents of young children;
(B)
demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and
(C)
demonstrates a willingness to share information with researchers, practitioners, and other interested parties.
(8)

Federal poverty line
The term Federal poverty line means the Federal 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 (42 U.S.C. 9902(2)) applicable to a family of the size involved.
(9)

Low-income
The term low-income, with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line.
(10)

Medically complex child
The term medically complex child means an individual who has attained 3 years of age and for whom a licensed health care provider has provided a diagnosis of 1 or more significant chronic conditions.
(11)

Medically necessary diaper
The term medically necessary diaper means an absorbent garment that is—
(A)
washable or disposable;
(B)
worn by a medically complex child who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa) and needs such garment to correct or ameliorate such condition; and
(C)
if disposable—
(i)
does not use any latex or common allergens; and
(ii)
meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories:
(I)
Absorbency (with acceptable rates for first and second wetting).
(II)
Waterproof outer cover.
(III)
Flexible leg openings.
(IV)
Refastening closures.
(12)

State
The term State means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(g)

Exemption of program from sequestration
(1)

In general
Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is amended by inserting after “Supplemental Security Income Program (28–0406–0–1–609).” the following:
“Targeted funding for States for diaper assistance (including diapering supplies and adult incontinence materials and supplies) through the Social Services Block Grant Program.”.
(2)

Applicability
The amendment made by this subsection shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.
3.

Inclusion of diapers and diapering supplies as qualified medical expenses
(a)

Health savings accounts
Section 223(d)(2) of the Internal Revenue Code of 1986 is amended—
(1)
by inserting “, medically necessary diapers, and diapering supplies” after “menstrual care products” in the last sentence of subparagraph (A); and
(2)
by adding at the end the following new subparagraph:
“(E)

Medically necessary diapers and diapering supplies
For purposes of this paragraph—
(i)

Medically necessary diapers
The term medically necessary diaper means an absorbent garment which is washable or disposable and which is worn by an individual who has attained 3 years of age because of medical necessity, such as someone who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa) and needs such garment to correct or ameliorate such condition, to serve a preventative medical purpose, or to correct or ameliorate defects or physical or mental illnesses or conditions diagnosed by a licensed health care provider, and, if disposable—
(I)
does not use any latex or common allergens; and
(II)
meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories:
- (aa)
Absorbency (with acceptable rates for first and second wetting).
- (bb)
Waterproof outer cover.
- (cc)
Flexible leg openings.
- (dd)
Refastening closures.
(ii)

Diapering supplies
The term diapering supplies means items, including diaper wipes and diaper creams, necessary to ensure that an individual wearing medically necessary diapers is properly cleaned and protected from diaper rash.”.
(b)

Archer MSAs
The last sentence of section 220(d)(2)(A) of such Code is amended by inserting “, medically necessary diapers (as defined in section 223(d)(2)(E)), and diapering supplies (as defined in section 223(d)(2)(E))” after “menstrual care products (as defined in section 223(d)(2)(D))”.
(c)

Health flexible spending arrangements and health reimbursement arrangements
Section 106(f) of such Code is amended—
(1)
by inserting “, medically necessary diapers (as defined in section 223(d)(2)(E)), and diapering supplies (as defined in section 223(d)(2)(E))” after “menstrual care products (as defined in section 223(d)(2)(D))”; and
(2)
in the heading, by inserting “, medically necessary diapers, and diapering supplies” after “menstrual care products”.
(d)

Effective dates
(1)

Distributions from certain accounts
The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2025.
(2)

Reimbursements
The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2025.