Menstrual Equity For All Act of 2019

To increase the availability and affordability of menstrual hygiene products for individuals with limited access, and for other purposes. 1. Short title This Act may be cited as the Menstrual Equity For All Act of 2019 2. Menstrual hygiene products for students (a) In general Section 4108(5)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7118(5)(C) (1) in clause (vi), by striking or (2) in clause (vii), by inserting or (3) by adding at the end the following: (viii) provide free menstrual hygiene products to students who use menstrual hygiene products; . (b) Definitions Section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (2) by inserting after paragraph (5) the following: (6) Menstrual hygiene products (A) In general The term menstrual hygiene products (B) Rulemaking By not later than 1 year after the date of enactment of the Menstrual Equity For All Act of 2019 . 3. Menstrual hygiene 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 Edward Byrne Memorial Justice Assistance Grant Program (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 (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 (d) Menstrual hygiene products For the purposes of subsection (a), the term menstrual hygiene products (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 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. (f) Availability for detainees 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. 4. Menstrual hygiene 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) (1) in paragraph (5), by striking and (2) in paragraph (6), by striking the period at the end and inserting ; 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. All items must conform to applicable industry standards. . 5. Menstrual hygiene products reimbursement from health flexible spending arrangements (a) In general Section 106 (h) Menstrual hygiene products (1) In general Amounts paid or incurred for menstrual hygiene products shall be treated as a qualified medical expense eligible for reimbursement from a health flexible spending arrangement. (2) Menstrual hygiene products defined For purposes of paragraph (1), the term menstrual hygiene products . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Menstrual hygiene products covered by medicaid (a) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 (1) in section 1902(a)(10)(A), by striking and (29) , (29), and (30) (2) in section 1905— (A) in subsection (a)— (i) in paragraph (29), by striking and (ii) by redesignating paragraph (30) as paragraph (31); and (iii) by inserting after paragraph (29) the following new paragraph: (30) menstrual hygiene products (as defined in subsection (ff)); and ; and (B) by adding at the end the following new subsection: (ff) Menstrual hygiene products For purposes of subsection (a)(30), The term menstrual hygiene products . (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 7. Menstrual hygiene products for employees Section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (g) The Secretary shall by rule promulgate a requirement that each employer with not less than 100 employees provide menstrual hygiene products free of charge for employees of the employer. For purposes of the preceding sentence, menstrual hygiene products . 8. Menstrual hygiene products in Federal buildings (a) Requirement The head of each agency shall ensure that menstrual hygiene products are stocked in, and available free of charge in, each covered restroom in each covered public building under the jurisdiction of such agency. (b) Definitions In this section, the following definitions apply: (1) Agency The term agency (2) Covered public building The term covered public building (3) Covered restroom The term covered restroom (4) Menstrual hygiene products The term menstrual hygiene products

Summary: Menstrual Equity For All Act of 2019 This bill expands specified programs to include access to menstrual hygiene products. Specifically, the bill requires that such products are made available to (1) public school students, (2) incarcerated or detained individuals, (2) homeless individuals, (3) individuals using health care flexible-spending accounts, (4) Medicaid recipients; (5) employees of organizations with at least 100 workers, and (6) individuals accessing federal buildings.