United States 119th Congress Status: In Committee Bipartisan · 28 D · 1 R cosponsors

HR 3128 — Improving Diaper Affordability Act of 2025

Last action — Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, 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.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced April 30, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 42% · moderate confidence
  • In Committee

    Current position in the legislative process.

  • 29 sponsors

    1 primary, 28 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (28 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill makes diapers a qualified medical expense and bans sales taxes on diapers.

This bill amends the Internal Revenue Code to classify diapers as qualified medical expenses and prohibits states from taxing their retail sale. It aims to improve access to diapers for families, particularly those in financial need.

What this means for you
  • Families: This bill would help families by reducing the cost burden of diapers and making them more accessible.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Internal Revenue Code to classify diapers as qualified medical expenses and prohibits states and localities from imposing taxes on their sale.

  • Section 223(d)(2)

    Notwithstanding the first sentence, amounts paid for diapers shall be treated as paid for medical care.

    Enables health savings account funds to be used for diaper purchases.

  • Section 220(d)(2)(A)

    Notwithstanding the first sentence, amounts paid for diapers shall be treated as paid for medical care.

    Allows Archer medical savings accounts to cover expenses for diapers.

  • Section 106

    For purposes of this section and section 105, expenses incurred for diapers shall be treated as incurred for medical care.

    Permits Health Flexible Spending Arrangements and Health Reimbursement Arrangements to reimburse for diaper expenses.

  • Section 129(e)(1)

    Such term shall include expenses incurred for diapers.

    Includes diaper expenses in the definition for dependent care assistance.

  • Section 223(c)(1)(B)

    and → , and

    Modifies limited purpose flexible spending arrangements to allow diaper expenses without losing eligibility.

  • Section 223(c)(1)(B)

    . → , and

    Clarifies that diapers may be reimbursed under certain health plans.

  • Section 223(c)(1)(B)

    Coverage shall not fail to be treated as coverage described in the preceding sentence solely by reason of paying or reimbursing expenses incurred for diapers.

    Ensures that health plans continue to qualify even if they cover diaper costs.

  • A State, or unit of local government of a State, may not impose a sales and use tax on the retail purchase of diapers.

    Prohibits state and local sales taxes on diaper purchases.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, 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.

  4. Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 28 co-sponsors · 518 not signed on

Sponsors (1)

Co-sponsors (28)

Not signed on (518)

518 members have not signed on to this bill.

Show all 518 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HR 3128?
HR 3128 is sponsored by Watson Coleman, Bonnie (Democratic), DeLauro, Rosa L. (Democratic), Norton, Eleanor Holmes (Democratic), Tlaib, Rashida (Democratic), Davis, Danny K. (Democratic), Foushee, Valerie P. (Democratic), Jackson, Jonathan L. (Democratic), Johnson, Henry C. "Hank" (Democratic), Nadler, Jerrold (Democratic), Dingell, Debbie (Democratic), Carson, André (Democratic), Cherfilus-McCormick, Sheila (Democratic), McClain Delaney, April (Democratic), McGarvey, Morgan (Democratic), Elfreth, Sarah (Democratic), Mackenzie, Ryan (Republican), Sewell, Terri A. (Democratic), Casten, Sean (Democratic), Goldman, Daniel S. (Democratic), Scanlon, Mary Gay (Democratic), Menendez, Robert (Democratic), Velázquez, Nydia M. (Democratic), Doggett, Lloyd (Democratic), Mullin, Kevin (Democratic), Meng, Grace (Democratic), Krishnamoorthi, Raja (Democratic), Williams, Nikema (Democratic), Grijalva, Adelita S. (Democratic), and Thanedar, Shri (Democratic).
What is the current status of HR 3128?
This bill is in committee in the House. Introduced April 30, 2025. It must pass committee before a floor vote.
Where can I track HR 3128?
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