Menstrual Equity For All Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3614 To increase the availability and affordability of menstrual products for individuals with limited access, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Ms. MENG (for herself, Mr. AUCHINCLOSS, Ms. BARRAGA´N, Ms. BASS, Mrs. BEATTY, Mr. BOWMAN, Ms. BROWNLEY, Ms. BUSH, Mr. CA´RDENAS, Mr. CARSON, Ms. CASTOR of Florida, Ms. CHU, Mr. CICILLINE, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. CONNOLLY, Mr. COURTNEY, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Ms. DEGETTE, Ms. DELBENE, Ms. ESCOBAR, Ms. LOIS FRANKEL of Florida, Mr. GALLEGO, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. KEATING, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILMER, Ms. KUSTER, Mr. LARSEN of Washington, Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of California, Mr. LIEU, Mr. LOWENTHAL, Mr. SEAN PATRICK MALONEY of New York, Mrs. CAROLYN B. MALONEY of New York, Ms. MATSUI, Mr. MCGOVERN, Mr. MEEKS, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. NADLER, Mrs. NAPOLITANO, Ms. NEWMAN, Ms. NORTON, Mr. PAPPAS, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. RASKIN, Miss RICE of New York, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN, Ms. SCHAKOWSKY, Ms. SCHRIER, Ms. SEWELL, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPEIER, Ms. STRICKLAND, Mr. SUOZZI, Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TITUS, Ms. TLAIB, Mr. TORRES of New York, Mr. TRONE, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, Ms. VELA´ZQUEZ, and Ms. CLARKE of New York) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, Financial Services, Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3614 IH A BILL To increase the availability and affordability of menstrual products for individuals with limited access, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Menstrual Equity For 4 All Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Menstrual products are a necessity each 8 month for millions of individuals across the United 9 States. 10 (2) More than half of the United States popu- 11 lation will likely menstruate every month for decades 12 of their lives. 13 (3) This lack of menstrual products, often 14 called ‘‘period poverty’’, can adversely affect an indi- 15 vidual’s health and well-being. 16 (4) Period poverty exacerbates the vicious cycle 17 of poverty by further marginalizing individuals who 18 menstruate, causing them to withdraw from daily 19 life, forego pay, or miss educational opportunities. 20 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3614 IH (5) Period poverty existed long before the 1 COVID–19 pandemic. 2 (6) The COVID–19 pandemic has forced mil- 3 lions of individuals out of work, thereby exacerbating 4 the socioeconomic and health challenges of individ- 5 uals facing period poverty. 6 (7) Addressing period poverty is essential to en- 7 suring educational equity for diverse populations. 8 (8) Studies have shown that 1 in 4 women and 9 girls reports struggling to afford menstrual prod- 10 ucts. 11 (9) Studies have shown that 1 in 10 college stu- 12 dents in the United States are affected by period 13 poverty. 14 (10) Period poverty disproportionately affects 15 Black, Latina, immigrant, and first-generation stu- 16 dents at higher rates than other cohorts. 17 (11) Individuals living in period poverty are 18 more likely to experience depression than individuals 19 with access to period products. 20 (12) Period poverty can increase the risk of in- 21 fections due to— 22 (A) the use of substitutes for menstrual 23 products (such as paper towels or toilet paper); 24 and 25 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3614 IH (B) the inability to change menstrual prod- 1 ucts as frequently as recommended. 2 SEC. 3. MENSTRUAL PRODUCTS FOR STUDENTS AT ELE- 3 MENTARY AND SECONDARY SCHOOLS. 4 (a) IN GENERAL.—Section 4108(5)(C) of the Ele- 5 mentary and Secondary Education Act of 1965 (20 U.S.C. 6 7118(5)(C)) is amended— 7 (1) in clause (vi), by striking ‘‘or’’ after the 8 semicolon; 9 (2) in clause (vii), by inserting ‘‘or’’ after the 10 semicolon; and 11 (3) by adding at the end the following: 12 ‘‘(viii) provide free menstrual products 13 to students who use menstrual products;’’. 14 (b) DEFINITIONS.—Section 4102 of the Elementary 15 and Secondary Education Act of 1965 (20 U.S.C. 7112) 16 is amended— 17 (1) by redesignating paragraphs (6) through 18 (8) as paragraphs (7) through (9), respectively; and 19 (2) by inserting after paragraph (5) the fol- 20 lowing: 21 ‘‘(6) MENSTRUAL PRODUCTS.—The term ‘men- 22 strual products’ means sanitary napkins and tam- 23 pons that conform to applicable industry stand- 24 ards.’’. 25 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3614 IH (c) RULEMAKING.—Not later than 1 year after the 1 date of enactment of this Act, the Secretary of Education, 2 in consultation with the Secretary of Health and Human 3 Services, shall promulgate rules with respect to the defini- 4 tion of ‘‘menstrual products’’ in paragraph (6) of section 5 4102 of the Elementary and Secondary Education Act of 6 1965 (20 U.S.C. 7112), as amended by section 3(b). 7 SEC. 4. MENSTRUAL PRODUCTS FOR STUDENTS AT INSTI- 8 TUTIONS OF HIGHER EDUCATION. 9 (a) PURPOSE.—The purpose of this section is to al- 10 leviate— 11 (1) the barriers to academic success faced by 12 many college and graduate students due to the in- 13 ability of such students to afford to purchase men- 14 strual products; and 15 (2) the unique set of burdens that college and 16 graduate students experiencing period poverty face 17 that can be compounded by lack of access to basic 18 needs such as housing, food, transportation, and ac- 19 cess to physical and mental health services. 20 (b) IN GENERAL.—The Secretary of Education shall 21 establish a program to award grants, on a competitive 22 basis, to at least 4 institutions of higher education (as 23 such term is defined in section 101 of the Higher Edu- 24 cation Act of 1965 (20 U.S.C. 1001)), to— 25 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3614 IH (1) support programs that provide free men- 1 strual products to students; and 2 (2) report on best practices of such programs. 3 (c) APPLICATION.—To apply for a grant under this 4 section, an institution of higher education shall submit to 5 the Secretary an application in such form, at such time, 6 and containing such information as the Secretary deter- 7 mines appropriate, including an assurance that such grant 8 will be used to carry out the activities described in sub- 9 section (e). 10 (d) COMMUNITY COLLEGES.—At least 50 percent of 11 the grants awarded under this section shall be awarded 12 to community colleges. 13 (e) GRANT USES.—A grant awarded under this sec- 14 tion may only be used to— 15 (1) carry out or expand activities that fund pro- 16 grams that support direct provision of free men- 17 strual products to students in appropriate campus 18 locations, including— 19 (A) campus restroom facilities; 20 (B) wellness centers; and 21 (C) on-campus residential buildings; 22 (2) report on best practices of such programs; 23 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3614 IH (3) conduct outreach to students to encourage 1 participation in menstrual equity programs and serv- 2 ices; 3 (4) help eligible students apply for and enroll in 4 local, State, and Federal public assistance programs; 5 and 6 (5) coordinate and collaborate with government 7 or community-based organizations to carry out the 8 activities described in paragraphs (1) through (4). 9 (f) PRIORITY.—In awarding grants under this sec- 10 tion, the Secretary shall prioritize— 11 (1) institutions with Federal Pell Grant enroll- 12 ment that is at least 25 percent of the total enroll- 13 ment of such institution; and 14 (2) historically Black colleges and universities, 15 Hispanic-serving institutions, Asian American and 16 Native American Pacific Islander-serving institu- 17 tions, and other minority serving institutions. 18 (g) MENSTRUAL PRODUCT DEFINED.—In this sec- 19 tion, the term ‘‘menstrual product’’ means a sanitary nap- 20 kin or tampon that conforms to industry standards. 21 (h) AUTHORIZATION OF APPROPRIATIONS.—There 22 are authorized to be appropriated $5,000,000 out of funds 23 appropriated for a fiscal year to the Fund for the Improve- 24 ment of Postsecondary Education under section 741 of the 25 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3614 IH Higher Education Act of 1965 (20 U.S.C. 1138) to carry 1 out the grant program under this section. 2 SEC. 5. MENSTRUAL PRODUCTS FOR INCARCERATED INDI- 3 VIDUALS AND DETAINEES. 4 (a) REQUIREMENT FOR STATES.—Beginning on the 5 date that is 180 days after the date of the enactment of 6 this Act, and annually thereafter, the chief executive offi- 7 cer of each State that receives a grant under subpart 1 8 of part E of title I of the Omnibus Crime Control and 9 Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (com- 10 monly referred to as the ‘‘Edward Byrne Memorial Justice 11 Assistance Grant Program’’) shall submit to the Attorney 12 General a certification, in such form and containing such 13 information as the Attorney General may require, that all 14 incarcerated individuals and detainees in that State have 15 access to menstrual products on demand and at no cost 16 to the incarcerated individuals and detainees, and that no 17 visitor is prohibited from visiting an incarcerated indi- 18 vidual due to the visitor’s use of menstrual products. 19 (b) REDUCTION IN GRANT FUNDING.—In the case 20 of a State whose chief executive officer fails to submit a 21 certification required under subsection (a) in a fiscal year, 22 the Attorney General shall reduce the amount that the 23 State would have otherwise received under section 505 of 24 title I of the Omnibus Crime Control and Safe Streets Act 25 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3614 IH of 1968 (42 U.S.C. 3755) by 20 percent for the following 1 fiscal year. 2 (c) REALLOCATION.—Amounts not allocated to a 3 State under section 505 of title I of the Omnibus Crime 4 Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 5 for a fiscal year pursuant to subsection (b) shall be reallo- 6 cated under such section to States that submit such cer- 7 tifications. 8 (d) MENSTRUAL PRODUCTS.—For the purposes of 9 subsection (a), the term ‘‘menstrual products’’ means san- 10 itary napkins and tampons that conform to applicable in- 11 dustry standards. 12 (e) AVAILABILITY FOR FEDERAL PRISONERS.—The 13 Attorney General shall make rules requiring, and the Di- 14 rector of the Bureau of Prisons shall take such actions 15 as may be necessary to ensure, the distribution and acces- 16 sibility without charge of menstrual products to prisoners 17 in the custody of the Bureau of Prisons, including any 18 prisoner in a Federal penal or correctional institution, any 19 Federal prisoner in a State penal or correctional institu- 20 tion, and any Federal prisoner in a facility administered 21 by a private detention entity, to ensure that each prisoner 22 who requires these products may receive them in sufficient 23 quantity. 24 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3614 IH (f) AVAILABILITY FOR DETAINEES.—The Secretary 1 of Homeland Security shall take such actions as may be 2 necessary to ensure that menstrual products are distrib- 3 uted and made accessible to each alien detained by the 4 Secretary of Homeland Security, including any alien in a 5 facility administered by a private detention entity, at no 6 expense to the alien. 7 SEC. 6. MENSTRUAL PRODUCTS AVAILABILITY FOR HOME- 8 LESS INDIVIDUALS UNDER EMERGENCY 9 FOOD AND SHELTER GRANT PROGRAM. 10 Subsection (a) of section 316 of the McKinney-Vento 11 Homeless Assistance Act (42 U.S.C. 11346(a)) is amend- 12 ed— 13 (1) in paragraph (5), by striking ‘‘and’’ at the 14 end; 15 (2) in paragraph (6), by striking the period at 16 the end and inserting ‘‘; and’’; and 17 (3) by adding at the end the following new 18 paragraph: 19 ‘‘(7) guidelines that ensure that amounts pro- 20 vided under the program to private nonprofit organi- 21 zations and local governments may be used to pro- 22 vide sanitary napkins and tampons that conform to 23 applicable industry standards.’’. 24 VerDate Sep 11 2014 05:38 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3614.IH H3614 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3614 IH SEC. 7. MENSTRUAL PRODUCTS COVERED BY MEDICAID. 1 (a) IN GENERAL.—Section 1905 of the Social Secu- 2 rity Act (42 U.S.C. 1396d) is amended— 3 (1) in subsection (a)— 4 (A) by redesignating paragraphs (30) and 5 (31) as paragraphs (31) and (32), respectively; 6 and 7 (B) by inserting after paragraph (29) the 8 following new paragraph: 9 ‘‘(30) menstrual products (as defined in sub- 10 section (hh));’’; and 11 (2) by adding at the end the following new sub- 12 section: 13 ‘‘(hh) MENSTRUAL PRODUCTS.—For purposes of 14 subsection (a)(30), the term ‘menstrual products’ means 15 sanitary napkins, tampons, liners, cups, and similar items 16 used by individuals with respect to menstruation and that 17 conform to industry standards.’’. 18 (b) EFFECTIVE DATE.— 19 (1) IN GENERAL.—Subject to paragraph (2), 20 the amendments made by [Text truncated for display. Full text available on Congress.gov.]