Sec. 5406. Menstrual Equity for All Act of 2024

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This section may be cited as the . Menstrual Equity For All Act of 2024 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 subsection 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 not less than 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). Not less than 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 respect to which not less than 25 percent of the enrolled students receive a Federal Pell Grant; 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 institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). The term menstrual product means a sanitary napkin or tampon that conforms to industry standards. 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 subsection. In this subsection, the term menstrual products means sanitary napkins and tampons that conform to applicable industry standards. 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 ( 34 U.S.C. 10151 et seq. ) 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 State have access to menstrual products— on demand; and at no cost to the incarcerated individuals and detainees; and no visitor of an incarcerated individual or detainee of the State is prohibited from visiting an incarcerated individual or detainee due to the visitor’s use of menstrual products. In the case of a State of which the chief executive officer fails to submit a certification required under paragraph

(2)in a fiscal year, the Attorney General shall reduce the amount that the State would otherwise receive 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

(3)shall be reallocated under such section to States that submit certifications under paragraph (2). 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 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. Subsection

(a)of section 316 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 section 5201, is further amended— in subsection (a)— in paragraph (32), by striking ; and and inserting a semicolon; by redesignating paragraph

(33)as paragraph (34); and by inserting after paragraph

(32)the following new paragraph: menstrual products (as defined in subsection (qq)); and ; and by adding at the end the following new subsection: For purposes of subsection (a)(33), the term menstrual products means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable 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 Act. 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 subsection, 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. 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 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. The amount specified in subsection

(c)of section 2003 of the Social Security Act ( 42 U.S.C. 1397b ) for purposes of subsections

(a)and

(b)of such section is deemed to be $1,900,000,000 for each of fiscal years 2025 through 2028, of which, the amount equal to $200,000,000, reduced by the amounts reserved under subparagraph (B)(ii) for each such fiscal year, shall be obligated by States in accordance with paragraph (2). Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated $200,000,000 for each of fiscal years 2025 through 2028, to carry out this subsection. The Secretary shall reserve, from the amount appropriated under clause

(i)to carry out this subsection— for each of fiscal years 2025 through 2028, not more than 2 percent of the amount appropriated for the fiscal year for purposes of entering into an agreement with an eligible entity described in clause

(iii)to assist in providing technical assistance and training, to support effective policy, practice, research, and cross-system collaboration among grantees and subgrantees, and to assist in the administration of the program described in this subsection; and for fiscal year 2025, an amount, not to exceed $2,000,000, for purposes of conducting an evaluation under paragraph (4). The State entitlement under section 2002(a) of the Social Security Act ( 42 U.S.C. 1397a(a) ) shall not apply to the amounts reserved under subclause (I). An eligible entity described in this clause is a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, that— has experience in more than 1 State in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as menstrual products; demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and demonstrates a willingness to share information with researchers, practitioners, and other interested parties. Funds are used in accordance with this paragraph if— the State, in consultation with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, distributes the funds to eligible entities to— decrease the unmet need for menstrual products by low-income menstruating individuals through— the distribution of free menstrual products; community outreach to assist in participation in existing menstrual product distribution programs; or improving access to menstrual products among low-income individuals; and increase the ability of communities and low-income families in such communities to provide for the need for menstrual products of low-income adults; and the funds are used subject to the limitations in section 2005 of the Social Security Act ( 42 U.S.C. 1397d ). An eligible entity receiving funds made available under paragraph

(1)shall use the funds for any of the following: To pay for the purchase and distribution of menstrual products among low-income individuals. To integrate activities carried out under subclause

(I)with other basic needs assistance programs serving low-income families, including the following: Programs funded by the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), including the State maintenance of effort provisions of such program. Programs designed to support the health of eligible children, such as the Children’s Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State funded health care programs. Programs funded through the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966. Programs that offer early home visiting services, including the maternal, infant, and early childhood home visiting program (including the Tribal home visiting program) under section 511 of the Social Security Act ( 42 U.S.C. 711 ). To provide training or technical assistance in carrying out activities under this subsection. To cover administrative costs. An eligible entity receiving funds made available under this subsection shall not use more than 9 percent of the funds for administrative costs incurred pursuant to this subsection. Funds made available under paragraph

(1)that are distributed to an eligible entity by a State for a fiscal year may be expended by the eligible entity only in such fiscal year or the succeeding fiscal year. Funds reserved under paragraph (1)(B)(ii)(I)(aa) to carry out the evaluation under paragraph

(4)shall be available for expenditure through September 30, 2029. Any assistance or benefits received by a family through funds made available under paragraph

(1)shall be disregarded for purposes of determining the family’s eligibility for, or amount of, benefits under any other Federal needs-based programs. Section 2004 of the Social Security Act shall apply with respect to payments made to a State under this section in the same way it applies with respect to payments made to a State under section 2002 of such Act. The Secretary, in consultation with States, the eligible entities described in paragraph (1)(B)(iii) receiving funds made available under this subsection, shall— not later than December 30, 2031, complete an evaluation of the effectiveness of the assistance program carried out pursuant to this subsection, such as the effect of activities carried out under this Act on mitigating the health risks of unmet menstrual products need among individuals in low-income families; not later than March 31, 2032, submit to the Committees on Energy and Commerce and on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the evaluation; and not later than April 30, 2032, publish the results of the evaluation on the internet website of the Department of Health and Human Services. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance regarding how the provisions of this subsection should be carried out, including information regarding eligible entities, allowable use of funds, and reporting requirements. The Secretary of Health and Human Services, in cooperation with the Secretary of Education, shall develop best practices for school officials to use in discussing menstruation with students, and shall publish this information on the internet website of the Department of Health and Human Services. In this subsection: The term menstrual products means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. The term eligible entity means a State or local governmental entity, an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code that— has experience in the area of community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products; demonstrates competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and demonstrates a willingness to share information with researchers, practitioners, and other interested parties. The term State has the meaning given in section 1101(a)(1) of the Social Security Act for purposes of title XX of such Act. For the administration of this subsection, there are authorized to be appropriated to the Secretary of Health and Human Services not more than $6,000,000 for fiscal years 2025 through 2028. Funds made available to carry out this subsection shall be exempt from reduction under any order issued under the Balanced Budget and Emergency Deficit Control Act of 1985. It shall be unlawful for a State, or unit of local government of a State, to impose a tax on the retail sale of a menstrual product. For purposes of this subsection: The term menstrual products means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. The term State means any of the several States or the District of Columbia. This subsection shall take effect 120 days after the date of the enactment of this subsection. Section 403(a) of the Social Security Act ( 42 U.S.C. 603(a) ) is amended by adding at the end the following: The Secretary may make grants, on a competitive basis, for each fiscal year to eligible applicants for the grants, in such amounts as the Secretary deems appropriate to enable the eligible applicants to provide, to covered families that include an individual who is capable of menstruating, such benefits as are needed to ensure that the individual can purchase menstrual products for personal use. In subparagraph (A): The term covered families means families eligible for assistance under a State program funded under this part. The term eligible applicant means— a State to which a grant is made under paragraph

(1)for a fiscal year; and a political subdivision of a State that administers the State program funded under this part in the political subdivision. The term menstrual products means menstrual cups, menstrual discs, menstrual underwear, and sanitary napkins and tampons, that conform to applicable industry standards. The Secretary shall award grants under this paragraph on the basis of how effectively the programs proposed by the eligible applicants will help low-income individuals suffering from material deprivation meet their need for menstrual products. A State or political subdivision to which a grant is made under this paragraph may use the grant to provide benefits under this paragraph in such form and in such manner as the State or political subdivision deems appropriate. Benefits provided using funds made available under this paragraph shall not be considered assistance under any State program funded under this part. Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2025 and each succeeding fiscal year $10,000,000 for grants under this paragraph. . Section 413 of such Act ( 42 U.S.C. 613 ) is amended by redesignating subsection

(h)as subsection

(i)and inserting after subsection

(g)the following: The Secretary shall submit to the Congress reports, in writing, that evaluate the effectiveness of the benefit program provided for in section 403(a)(6). Each such report shall, for the period covered by the report— describe— the extent of material deprivation in the population, including lacking sufficient funds to regularly purchase necessities such as menstrual products; and the extent to which the program alleviated such material deprivation; specify the number and identity of the entities to which a grant has been made under such section, and the amount of the grant made to each such entity; describe how the grantees used the grants to provide benefits under the program; specify the number of individuals who received the benefits; describe how efficacious the program has been in helping low-income individuals meet their need for menstrual products; describe the extent to which the program has improved the economic security of the benefit recipients; and include such other relevant information as the Secretary deems appropriate. The Secretary shall submit a report that meets the requirements of paragraph

(1)within 2 years after the date of the enactment of this paragraph and every 2 years thereafter. .

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