118 HR 4475 IH: Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2023
U.S. House of Representatives
2023-07-06
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I
118th CONGRESS
1st Session
H. R. 4475
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Mr. Casten (for himself, Ms. Meng, Ms. Sewell, Ms. Velázquez, Mr. Morelle, Ms. Crockett, Ms. Schakowsky, Ms. Norton, Mr. Payne, Ms. Wasserman Schultz, Ms. Moore of Wisconsin, Mr. Gottheimer, Mrs. Napolitano, Ms. Budzinski, Ms. Clarke of New York, and Mr. García of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide targeted funding for States and other eligible entities through the Social Services Block Grant program to increase the availability of menstrual products for individuals with limited access to such products.
1.

Short title
This Act may be cited as the “Period PROUD (Providing Resources for Our Underserved and Disadvantaged) Act of 2023”.
2.

Targeted funding for menstrual products 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 2025 through 2028, of which the amount equal to $200,000,000, reduced by the amounts reserved under paragraph (2)(B) for each such fiscal year, shall be obligated by States in accordance with subsection (b).
(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 2025 through 2028, 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 2025 through 2028, not more than 2 percent of the amount appropriated for the fiscal year for purposes of entering into an agreement with an eligible 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 2025, an amount, not to exceed $2,000,000, 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)

Eligible entity described
An eligible 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 community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products;
(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 unmet need for menstrual products by low-income menstruating individuals through—
(I)
the distribution of free menstrual products;
(II)
community outreach to assist in participation in existing menstrual product distribution programs; or
(III)
improving access to menstrual products among low-income individuals; and
(ii)
increase the ability of communities and low-income families in such communities to provide for the need for menstrual products of low-income adults; and
(B)
the funds are used subject to the limitations in section 2005 of the Social Security Act (42 U.S.C. 1397d).
(2)

Allowable uses by eligible entities
(A)

In general
An eligible entity receiving funds made available under subsection (a) shall use the funds for any of the following:
(i)
To pay for the purchase and distribution of menstrual products among low-income individuals.
(ii)
To integrate activities carried out under subparagraph (A) with other basic needs assistance programs serving low-income 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).
(iii)
To provide training or technical assistance in carrying out activities under this section.
(iv)
To cover administrative costs.
(B)

Limitation on use of funds for administrative costs
An eligible entity receiving funds made available under this section shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this section.
(3)

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 through September 30, 2028.
(4)

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
Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act.
(d)

Evaluation
The Secretary, in consultation with States and the eligible entities described in subsection (a)(2)(C) receiving funds made available under this section, shall—
(1)
not later than December 30, 2030, 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 risks of unmet menstrual products need among individuals in low-income families;
(2)
not later than March 31, 2031, submit to the Committees on Energy and Commerce and on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the evaluation; and
(3)
not later than April 30, 2031, publish the results of the evaluation on the internet website of the Department of Health and Human Services.
(e)

Guidance
Not later than 180 days after the date of the 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)

Best practices
The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services.
(g)

Definitions
In this section:
(1)

Menstrual products
The term menstrual products means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards.
(2)

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 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 experience in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products;
(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.
(3)

State
The term State has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act.
(h)

Limitation on authorization of appropriations
For the administration of this section, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2025 through 2028.
(i)

Exemption from sequestration
Funds made available to carry out this section shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985.