Sec. 3. Menstrual hygiene products for incarcerated individuals and detainees
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/bill/116/hr/1882/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 hygiene 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 hygiene products.
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. 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. For the purposes of subsection (a), the term menstrual hygiene products means sanitary napkins and tampons. All items must conform to applicable industry standards. 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 hygiene 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. The Secretary of Homeland Security shall take such actions as may be necessary to ensure that menstrual hygiene 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.
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