I 
115TH CONGRESS 
1ST SESSION 
H. R. 972 
To increase the availability and affordability of menstrual hygiene products 
for women and girls with limited access, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Ms. MENG (for herself, Mr. GRIJALVA, Ms. NORTON, Ms. WASSERMAN 
SCHULTZ, Ms. MOORE, Mr. CONYERS, Ms. LEE, Ms. BONAMICI, Mrs. 
CAROLYN B. MALONEY of New York, Mr. GUTIE´RREZ, Ms. LOFGREN, 
Ms. JAYAPAL, Ms. MCCOLLUM, Mr. MEEKS, Ms. KELLY of Illinois, Mr. 
COHEN, Mr. PAYNE, Mr. HASTINGS, and Ms. CLARKE of New York) in-
troduced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committees on Financial Services, the 
Judiciary, and Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To increase the availability and affordability of menstrual 
hygiene products for women and girls with limited access, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Menstrual Equity For 
All Act of 2017’’. 
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SEC. 2. MENSTRUAL HYGIENE PRODUCTS REIMBURSE-
MENT FROM HEALTH FLEXIBLE SPENDING 
ARRANGEMENTS. 
(a) IN GENERAL.—Section 106 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following: 
‘‘(g) 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
DE-
FINED.—For purposes of paragraph (1), the term 
‘menstrual hygiene products’ means tampons, pads, 
liners, cups, sponges, douches, wipes, sprays, and 
similar products used by women with respect to 
menstruation or other genital-tract secretions.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
SEC. 3. MENSTRUAL HYGIENE PRODUCTS REFUNDABLE 
CREDIT. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to refundable credits) is amended by insert-
ing after section 36B the following new section: 
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‘‘SEC. 36C. MENSTRUAL HYGIENE PRODUCTS. 
‘‘(a) IN GENERAL.—There shall be allowed as a cred-
it against the tax imposed by this subtitle with respect 
to each eligible individual for whom the taxpayer is allowed 
a deduction under section 151 an amount equal to $120. 
‘‘(b) LIMITATION BASED ON ADJUSTED GROSS IN-
COME.— 
‘‘(1) IN GENERAL.—In the case of any taxpayer 
whose modified adjusted gross income exceeds the 
threshold amount, the amount of the credit allowable 
under subsection (a) shall be zero. For purposes of 
the preceding sentence, the term ‘modified adjusted 
gross income’ means adjusted gross income in-
creased by any amount excluded from gross income 
under section 911, 931, or 933. 
‘‘(2) THRESHOLD AMOUNT.—For purposes of 
paragraph (1), the term ‘threshold amount’ means— 
‘‘(A) $47,520 in the case of a joint return, 
‘‘(B) $35,640 in the case of a head of 
household, and 
‘‘(C) $23,760 in the case of a separate re-
turn. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who uses menstrual 
hygiene products. 
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‘‘(2) MENSTRUAL
HYGIENE
PRODUCTS
DE-
FINED.—The term ‘menstrual hygiene products’ 
shall be determined by the Secretary of Health and 
Human Services by regulation and provided to the 
Secretary, and shall include tampons, pads, liners, 
cups, and similar products used by women with re-
spect to menstruation. 
‘‘(d) ADJUSTMENT FOR INFLATION.— 
‘‘(1) IN GENERAL.—For each taxable year be-
ginning after 2017, the dollar amounts in sub-
sections (a) and (b)(2) shall each be increased by an 
amount equal to the product of— 
‘‘(A) such dollar amount, and 
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar 
year, determined by substituting ‘calendar year 
2016’ for ‘calendar year 1992’ in subparagraph 
(B) thereof. 
‘‘(2) ROUNDING.—If any increase determined 
under paragraph (1)— 
‘‘(A) in the case of the dollar amount in 
subsection (a) is not a multiple of $5, such in-
crease shall be rounded to the next highest mul-
tiple of $5, and 
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‘‘(B) in the case of the dollar amount in 
subsection (b)(2), is not a multiple of $1,000, 
such increase shall be rounded to the next low-
est multiple of $1,000. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be appropriate to carry out the 
purposes of this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1324(b)(2) of title 31, United 
States Code, is amended by inserting ‘‘36C,’’ after 
‘‘36B,’’. 
(2) The table of sections for subpart C of part 
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by inserting after the 
item relating to section 36B the following new item: 
‘‘Sec. 36C. Menstrual hygiene products.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2016. 
SEC. 4. MENSTRUAL HYGIENE PRODUCTS AVAILABILITY 
FOR HOMELESS INDIVIDUALS UNDER EMER-
GENCY FOOD AND SHELTER GRANT PRO-
GRAM. 
Subsection (a) of section 316 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11346(a)) is amend-
ed— 
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(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) guidelines that ensure that amounts pro-
vided under the program to private nonprofit organi-
zations and local governments may be used to pro-
vide menstrual hygiene products, including tampons, 
pads, liners, cups, and similar products used by 
women with respect to menstruation.’’. 
SEC. 5. MENSTRUAL HYGIENE PRODUCTS FOR INMATES 
AND DETAINEES. 
(a) REQUIREMENT.—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 certifi-
cation, in such form and containing such information as 
the Attorney General may require, that all female inmates 
and detainees in that State have access to menstrual hy-
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giene products on demand and at no cost to the inmates 
and detainees. 
(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) by 20 percent for the following 
fiscal year. 
(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) 
for a fiscal year pursuant to subsection (b) shall be reallo-
cated under such section to States that submit such cer-
tifications. 
(d) DETERMINATION
OF
MENSTRUAL
HYGIENE 
PRODUCTS.—For the purposes of subsection (a), the term 
‘‘menstrual hygiene products’’ shall be determined by the 
Attorney General of the United States. 
SEC. 6. MENSTRUAL HYGIENE PRODUCTS FOR EMPLOYEES. 
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: 
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‘‘(g) The Secretary shall by rule promulgate a re-
quirement that each employer with not less than 100 em-
ployees provide menstrual hygiene products free of charge 
for employees of the employer.’’. 
Æ 
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