[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3614 Introduced in House (IH)]
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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. Barragan, Ms. Bass, Mrs.
Beatty, Mr. Bowman, Ms. Brownley, Ms. Bush, Mr. Cardenas, 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. Garcia
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. Velazquez, 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 consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Menstrual Equity For All Act of
2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Menstrual products are a necessity each month for
millions of individuals across the United States.
(2) More than half of the United States population will
likely menstruate every month for decades of their lives.
(3) This lack of menstrual products, often called ``period
poverty'', can adversely affect an individual's health and
well-being.
(4) Period poverty exacerbates the vicious cycle of poverty
by further marginalizing individuals who menstruate, causing
them to withdraw from daily life, forego pay, or miss
educational opportunities.
(5) Period poverty existed long before the COVID-19
pandemic.
(6) The COVID-19 pandemic has forced millions of
individuals out of work, thereby exacerbating the socioeconomic
and health challenges of individuals facing period poverty.
(7) Addressing period poverty is essential to ensuring
educational equity for diverse populations.
(8) Studies have shown that 1 in 4 women and girls reports
struggling to afford menstrual products.
(9) Studies have shown that 1 in 10 college students in the
United States are affected by period poverty.
(10) Period poverty disproportionately affects Black,
Latina, immigrant, and first-generation students at higher
rates than other cohorts.
(11) Individuals living in period poverty are more likely
to experience depression than individuals with access to period
products.
(12) Period poverty can increase the risk of infections due
to--
(A) the use of substitutes for menstrual products
(such as paper towels or toilet paper); and
(B) the inability to change menstrual products as
frequently as recommended.
SEC. 3. MENSTRUAL PRODUCTS FOR STUDENTS AT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) In General.--Section 4108(5)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7118(5)(C)) is amended--
(1) in clause (vi), by striking ``or'' after the semicolon;
(2) in clause (vii), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(viii) provide free menstrual products to
students who use menstrual products;''.
(b) Definitions.--Section 4102 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7112) is amended--
(1) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Menstrual products.--The term `menstrual products'
means sanitary napkins and tampons that conform to applicable
industry standards.''.
(c) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Education, in consultation with the
Secretary of Health and Human Services, shall promulgate rules with
respect to the definition of ``menstrual products'' in paragraph (6) of
section 4102 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7112), as amended by section 3(b).
SEC. 4. MENSTRUAL PRODUCTS FOR STUDENTS AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Purpose.--The purpose of this section is to alleviate--
(1) the barriers to academic success faced by many college
and graduate students due to the inability of such students to
afford to purchase menstrual products; and
(2) the unique set of burdens that college and graduate
students experiencing period poverty face that can be
compounded by lack of access to basic needs such as housing,
food, transportation, and access to physical and mental health
services.
(b) In General.--The Secretary of Education shall establish a
program to award grants, on a competitive basis, to at least 4
institutions of higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), to--
(1) support programs that provide free menstrual products
to students; and
(2) report on best practices of such programs.
(c) Application.--To apply for a grant under this section, an
institution of higher education shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines appropriate, including an assurance that
such grant will be used to carry out the activities described in
subsection (e).
(d) Community Colleges.--At least 50 percent of the grants awarded
under this section shall be awarded to community colleges.
(e) Grant Uses.--A grant awarded under this section may only be
used to--
(1) carry out or expand activities that fund programs that
support direct provision of free menstrual products to students
in appropriate campus locations, including--
(A) campus restroom facilities;
(B) wellness centers; and
(C) on-campus residential buildings;
(2) report on best practices of such programs;
(3) conduct outreach to students to encourage participation
in menstrual equity programs and services;
(4) help eligible students apply for and enroll in local,
State, and Federal public assistance programs; and
(5) coordinate and collaborate with government or
community-based organizations to carry out the activities
described in paragraphs (1) through (4).
(f) Priority.--In awarding grants under this section, the Secretary
shall prioritize--
(1) institutions with Federal Pell Grant enrollment that is
at least 25 percent of the total enrollment of such
institution; and
(2) historically Black colleges and universities, Hispanic-
serving institutions, Asian American and Native American
Pacific Islander-serving institutions, and other minority
serving institutions.
(g) Menstrual Product Defined.--In this section, the term
``menstrual product'' means a sanitary napkin or tampon that conforms
to industry standards.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 out of funds appropriated for a fiscal year to
the Fund for the Improvement of Postsecondary Education under section
741 of the Higher Education Act of 1965 (20 U.S.C. 1138) to carry out
the grant program under this section.
SEC. 5. MENSTRUAL PRODUCTS FOR INCARCERATED INDIVIDUALS AND DETAINEES.
(a) Requirement for States.--Beginning on the date that is 180 days
after the date of the enactment of this Act, and annually thereafter,
the chief executive officer of each State that receives a grant under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.) (commonly referred to as
the ``Edward Byrne Memorial Justice Assistance Grant Program'') shall
submit to the Attorney General a certification, in such form and
containing such information as the Attorney General may require, that
all incarcerated individuals and detainees in that State have access to
menstrual products on demand and at no cost to the incarcerated
individuals and detainees, and that no visitor is prohibited from
visiting an incarcerated individual due to the visitor's use of
menstrual products.
(b) Reduction in Grant Funding.--In the case of a State whose chief
executive officer fails to submit a certification required under
subsection (a) in a fiscal year, the Attorney General shall reduce the
amount that the State would have otherwise received under section 505
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755) by 20 percent for the following fiscal year.
(c) Reallocation.--Amounts not allocated to a State under section
505 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755) for a fiscal year pursuant to subsection (b)
shall be reallocated under such section to States that submit such
certifications.
(d) Menstrual Products.--For the purposes of subsection (a), the
term ``menstrual products'' means sanitary napkins and tampons that
conform to applicable industry standards.
(e) Availability for Federal Prisoners.--The Attorney General shall
make rules requiring, and the Director of the Bureau of Prisons shall
take such actions as may be necessary to ensure, the distribution and
accessibility without charge of menstrual products to prisoners in the
custody of the Bureau of Prisons, including any prisoner in a Federal
penal or correctional institution, any Federal prisoner in a State
penal or correctional institution, and any Federal prisoner in a
facility administered by a private detention entity, to ensure that
each prisoner who requires these products may receive them in
sufficient quantity.
(f) Availability for Detainees.--The Secretary of Homeland Security
shall take such actions as may be necessary to ensure that menstrual
products are distributed and made accessible to each alien detained by
the Secretary of Homeland Security, including any alien in a facility
administered by a private detention entity, at no expense to the alien.
SEC. 6. MENSTRUAL PRODUCTS AVAILABILITY FOR HOMELESS INDIVIDUALS UNDER
EMERGENCY FOOD AND SHELTER GRANT PROGRAM.
Subsection (a) of section 316 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11346(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) guidelines that ensure that amounts provided under
the program to private nonprofit organizations and local
governments may be used to provide sanitary napkins and tampons
that conform to applicable industry standards.''.
SEC. 7. MENSTRUAL PRODUCTS COVERED BY MEDICAID.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (30) and (31) as
paragraphs (31) and (32), respectively; and
(B) by inserting after paragraph (29) the following
new paragraph:
``(30) menstrual products (as defined in subsection
(hh));''; and
(2) by adding at the end the following new subsection:
``(hh) Menstrual Products.--For purposes of subsection (a)(30), the
term `menstrual products' means sanitary napkins, tampons, liners,
cups, and similar items used by individuals with respect to
menstruation and that conform to industry standards.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply with respect to medical
assistance furnished during or after the first calendar quarter
beginning on or after the date that is 1 year after the date of
the enactment of this Act.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) that the Secretary of Health and Human
Services determines requires State legislation in order for the
respective plan to meet any requirement imposed by amendments
made by this section, the respective plan shall not be regarded
as failing to comply with the requirements of such title solely
on the basis of its failure to meet such an additional
requirement before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of
the session shall be considered to be a separate regular
session of the State legislature.
SEC. 8. MENSTRUAL PRODUCTS FOR EMPLOYEES.
Section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655) is amended by adding at the end the following:
``(h) The Secretary shall by rule promulgate a requirement that
each employer with not less than 100 employees provide menstrual
products free of charge for employees of the employer. For purposes of
the preceding sentence, `menstrual products' means sanitary napkins and
tampons that conform to applicable industry standards.''.
SEC. 9. MENSTRUAL PRODUCTS IN FEDERAL BUILDINGS.
(a) Requirement.--Each appropriate authority shall ensure that
menstrual products are stocked in, and available free of charge in,
each covered restroom in each covered public building under the
jurisdiction of such authority.
(b) Definitions.--In this section:
(1) Appropriate authority.--The term ``appropriate
authority'' means the head of a Federal agency, the Architect
of the Capitol, or other official authority responsible for the
operation of a covered public building.
(2) Covered public building.--The term ``covered public
building'' means a public building, as defined in section 3301
of title 40, United States Code, that is open to the public and
contains a public restroom, and includes a building listed in
section 6301 or 5101 of such title.
(3) Covered restroom.--The term ``covered restroom'' means
a restroom in a covered public building.
(4) Menstrual products.--The term ``menstrual products''
means sanitary napkins and tampons that conform to applicable
industry standards.
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