Sec. 5406. Menstrual Equity for All Act of 2022

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This section may be cited as the . Menstrual Equity for All Act of 2022 Section 4108(5)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7118(5)(C) ) is amended— in clause (vi), by striking or after the semicolon; in clause (vii), by inserting or after the semicolon; and by adding at the end the following: provide free menstrual products to students who use menstrual products; . Section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ) is amended— by redesignating paragraphs

(6)through

(8)as paragraphs

(7)through (9), respectively; and by inserting after paragraph

(5)the following: The term menstrual products means sanitary napkins and tampons that conform to applicable industry standards. . Not later than 1 year after the date of enactment of this section, 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 paragraph (2). The purpose of this section is to alleviate— 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 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. The Secretary of Education shall establish a program to award grants, on a competitive basis, to at least 4 institutions of higher education, to— support programs that provide free menstrual products to students; and report on best practices of such programs. To apply for a grant under this subsection, 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 paragraph (5). At least 50 percent of the grants awarded under this subsection shall be awarded to community colleges. A grant awarded under this subsection may only be used to— carry out or expand activities that fund programs that support direct provision of free menstrual products to students in appropriate campus locations, including— campus restroom facilities; wellness centers; and on-campus residential buildings; report on best practices of such programs; conduct outreach to students to encourage participation in menstrual equity programs and services; help eligible students apply for and enroll in local, State, and Federal public assistance programs; and coordinate and collaborate with government or community-based organizations to carry out the activities described in subparagraphs

(A)through (D). In awarding grants under this subsection, the Secretary shall prioritize— institutions with Federal Pell Grant enrollment that is at least 25 percent of the total enrollment of such institution; and historically Black colleges and universities, Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, and other minority serving institutions. In this subsection, the term menstrual product means a sanitary napkin or tampon that conforms to industry standards. There are authorized to be appropriated, 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 ), $5,000,000 to carry out the grant program under this subsection. Not later than 180 days after the date of enactment of this section, 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 ( 34 U.S.C. 10151 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 the custody of that State, a political subdivision thereof, or an agent of that State or a political subdivision thereof have access to menstrual products— on demand; and at no cost to such individuals and detainees; and no visitor is prohibited from visiting an incarcerated individual due to the visitor’s use of menstrual products. If the chief executive officer of a State fails to submit a certification required under paragraph

(1)during 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 ( 34 U.S.C. 10156 ) 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 ( 34 U.S.C. 10156 ) for a fiscal year pursuant to paragraph

(2)shall be reallocated under such section to States that submit such certifications. For the purposes of paragraph (1), the term menstrual products means sanitary napkins and tampons that conform to applicable industry standards. The Attorney General shall issue 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; and that each prisoner described in subparagraph

(A)who requires menstrual products may receive them in sufficient quantity. 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. Section 316(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11346(a) ) is amended— in paragraph (5), by striking and at the end; in paragraph (6), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: 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. . Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by sections 2007(d)(3) and 5201(a)(5)(G)(i), is amended— in subsection (a)— by redesignating paragraph

(32)as paragraph (33); in paragraph (31), by striking and after the semicolon; and by inserting after paragraph

(31)the following new paragraph: menstrual products (as defined in subsection (oo)); and ; and by adding at the end the following: For purposes of subsection (a)(32), 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. . Subject to subparagraph (B), the amendments made by this subsection 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 section. 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 section. 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. 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: 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. . In this subsection: The term appropriate authority means the head of a Federal agency, the Architect of the Capitol, or any other official authority responsible for the operation of a covered public building. The term covered public building means a public building (as defined in section 3301(a) of title 40, United States Code) that is open to the public and contains a public restroom. The term covered public building includes specified buildings and grounds (as defined in section 6301 of title 40, United States Code) and the Capitol Buildings (as defined in section 5101 of that title). The term covered restroom means a public restroom in a covered public building. The term menstrual products means sanitary napkins and tampons that conform to applicable industry standards. 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 that authority.

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