Menstrual Equity For All Act of 2021

To increase the availability and affordability of menstrual 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 2021 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 (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. 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) (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 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 (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 . (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 20 U.S.C. 7112 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 (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 (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 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. 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 products For the purposes of subsection (a), the term menstrual 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 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. 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) (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 that conform to applicable industry standards. . 7. Menstrual products covered by Medicaid (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (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 . (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. 8. Menstrual products for employees Section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (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 . 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 (2) Covered public building The term covered public building (3) Covered restroom The term covered restroom (4) Menstrual products The term menstrual products

Summary: Menstrual Equity For All Act of 2021 This bill expands access to free sanitary napkins and tampons (i.e., menstrual products) in certain locations and for particular groups. It also requires Medicaid to cover menstrual products, as well as liners, cups, and similar items used by individuals with respect to menstruation. Specifically, the bill imposes requirements to make free menstrual products available in federal and state correctional facilities (including facilities that house aliens detained by the Department of Homeland Security) and restrooms in federal buildings that are open to the public. It also establishes a demonstration grant program to support the provision of free menstrual products on campuses of institutions of higher education and permits elementary and secondary schools to use certain grants to provide menstrual products to students. Furthermore, the bill requires employers with at least 100 employees to provide free menstrual products for employees. It also permits the use of certain grants for emergency food and shelter to provide menstrual products to homeless individuals.