I 
118TH CONGRESS 
1ST SESSION H. R. 3646 
To increase the availability and affordability of menstrual products for 
individuals with limited access, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2023 
Ms. MENG (for herself, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BOWMAN, Ms. 
BROWNLEY, Ms. BUDZINSKI, Ms. BUSH, Mr. CARSON, Mr. CASTEN, Ms. 
CHU, Ms. CLARKE of New York, Mr. CONNOLLY, Ms. DELBENE, Mr. 
DOGGETT, Ms. ESCOBAR, Mr. ESPAILLAT, Mr. EVANS, Ms. LOIS 
FRANKEL of Florida, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. 
GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Ms. JACOBS, Ms. JAYAPAL, 
Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Ms. KELLY of Illinois, 
Mr. KILMER, Mr. KIM of New Jersey, Ms. KUSTER, Ms. LEE of Pennsyl-
vania, Ms. LEE of California, Ms. MATSUI, Mr. MEEKS, Mr. MENENDEZ, 
Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MULLIN, Mrs. NAPOLI-
TANO, Ms. NORTON, Mr. PAYNE, Ms. PETTERSEN, Ms. PINGREE, Mr. 
QUIGLEY, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. SCHRIER, Ms. SEWELL, 
Mr. SHERMAN, Ms. STRICKLAND, Mr. TAKANO, Ms. TLAIB, Ms. TOKUDA, 
Mr. TONKO, Mr. TORRES of New York, Mr. TRONE, Ms. VELA´ZQUEZ, 
Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Ms. WILLIAMS of 
Georgia, Ms. WILSON of Florida, Ms. BALINT, and Ms. OCASIO-CORTEZ) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce, and in addition to the Committees on the 
Judiciary, Financial Services, Energy and Commerce, Transportation and 
Infrastructure, Ways and Means, and the Budget, for a period to be sub-
sequently 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 
products for individuals with limited access, and for other 
purposes. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Menstrual Equity For All Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Menstrual products for students at elementary and secondary schools. 
Sec. 4. Menstrual products for students at institutions of higher education. 
Sec. 5. Menstrual products for incarcerated individuals and detainees. 
Sec. 6. Menstrual products availability for homeless individuals under Emer-
gency Food and Shelter Grant Program. 
Sec. 7. Menstrual products covered by Medicaid. 
Sec. 8. Menstrual products for employees. 
Sec. 9. Menstrual products in Federal buildings. 
Sec. 10. Menstrual products in the Social Services Block Grant Program. 
Sec. 11. Menstrual products and taxation. 
Sec. 12. Menstrual products in TANF. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Menstrual products are a necessity each 
month for millions of individuals across the United 
States. 
(2) More than half of the United States popu-
lation will likely menstruate every month for decades 
of their lives. 
(3) A lack of menstrual products, often called 
‘‘period poverty’’, can adversely affect an individual’s 
health and well-being. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(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) Addressing period poverty is essential to en-
suring educational equity for diverse populations. 
(6) Studies have shown that 1 in 4 women and 
girls report struggling to afford menstrual products. 
(7) Studies have shown that 1 in 10 college stu-
dents in the United States are affected by period 
poverty. 
(8) Period poverty disproportionately affects 
Black, Latina, immigrant, and first-generation stu-
dents at higher rates than other cohorts. 
(9) Individuals living in period poverty are more 
likely to experience depression than individuals with 
access to period products. 
(10) Period poverty can increase the risk of in-
fections due to— 
(A) the use of substitutes for menstrual 
products (such as paper towels or toilet paper); 
and 
(B) the inability to change menstrual prod-
ucts as frequently as recommended. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 3. MENSTRUAL PRODUCTS FOR STUDENTS AT ELE-
MENTARY AND SECONDARY SCHOOLS. 
(a) IN GENERAL.—Section 4108(5)(C) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7118(5)(C)) is amended— 
(1) in clause (vi), by striking ‘‘or’’ after the 
semicolon; 
(2) in clause (vii), by inserting ‘‘or’’ after the 
semicolon; and 
(3) by adding at the end the following: 
‘‘(viii) provide free menstrual products 
to students who use menstrual products;’’. 
(b) DEFINITIONS.—Section 4102 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7112) 
is amended— 
(1) by redesignating paragraphs (6) through 
(8) as paragraphs (7) through (9), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) MENSTRUAL PRODUCTS.—The term ‘men-
strual products’ means sanitary napkins and tam-
pons that conform to applicable industry stand-
ards.’’. 
(c) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Education, 
in consultation with the Secretary of Health and Human 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
Services, shall promulgate rules with respect to the defini-
tion 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 section 3(b). 
SEC. 4. MENSTRUAL PRODUCTS FOR STUDENTS AT INSTI-
TUTIONS OF HIGHER EDUCATION. 
(a) PURPOSE.—The purpose of this section is to al-
leviate— 
(1) the barriers to academic success faced by 
many college and graduate students due to the in-
ability of such students to afford to purchase men-
strual 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 ac-
cess 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 Edu-
cation Act of 1965 (20 U.S.C. 1001)), to— 
(1) support programs that provide free men-
strual products to students; and 
(2) report on best practices of such programs. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(c) APPLICATION.—To apply for a grant under this 
section, an institution of higher education shall submit to 
the Secretary an application in such form, at such time, 
and containing such information as the Secretary deter-
mines appropriate, including an assurance that such grant 
will be used to carry out the activities described in sub-
section (e). 
(d) COMMUNITY COLLEGES.—At least 50 percent of 
the grants awarded under this section shall be awarded 
to community colleges. 
(e) GRANT USES.—A grant awarded under this sec-
tion may only be used to— 
(1) carry out or expand activities that fund pro-
grams that support direct provision of free men-
strual products to students in appropriate campus 
locations, including— 
(A) campus restroom facilities; 
(B) wellness centers; and 
(C) on-campus residential buildings; 
(2) report on best practices of such programs; 
(3) conduct outreach to students to encourage 
participation in menstrual equity programs and serv-
ices; 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 sec-
tion, the Secretary shall prioritize— 
(1) institutions with Federal Pell Grant enroll-
ment that is at least 25 percent of the total enroll-
ment of such institution; and 
(2) historically Black colleges and universities, 
Hispanic-serving institutions, Asian American and 
Native American Pacific Islander-serving institu-
tions, and other minority serving institutions. 
(g) MENSTRUAL PRODUCT DEFINED.—In this sec-
tion, the term ‘‘menstrual product’’ means a sanitary nap-
kin or tampon that conforms to industry standards. 
(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 Improve-
ment 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 section. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 5. MENSTRUAL PRODUCTS FOR INCARCERATED INDI-
VIDUALS AND DETAINEES. 
(a) REQUIREMENT FOR STATES.—Beginning on the 
date that is 180 days after the date of the enactment of 
this Act, and annually thereafter, the chief executive offi-
cer of each State that receives a grant under subpart 1 
of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (com-
monly referred to as the ‘‘Edward Byrne Memorial Justice 
Assistance Grant Program’’) shall submit to the Attorney 
General a certification, in such form and containing such 
information as the Attorney General may require, that all 
incarcerated individuals and detainees in that State have 
access to menstrual products on demand and at no cost 
to the incarcerated individuals and detainees, and that no 
visitor is prohibited from visiting an incarcerated indi-
vidual due to the visitor’s use of menstrual products. 
(b) REDUCTION IN GRANT FUNDING.—In the case 
of a State whose chief executive officer fails to submit a 
certification required under subsection (a) in a fiscal year, 
the Attorney General shall reduce the amount that the 
State would have otherwise received under section 505 of 
title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3755) by 20 percent for the following 
fiscal year. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(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) MENSTRUAL PRODUCTS.—For the purposes of 
subsection (a), the term ‘‘menstrual products’’ means san-
itary napkins and tampons that conform to applicable in-
dustry standards. 
(e) AVAILABILITY FOR FEDERAL PRISONERS.—The 
Attorney General shall make rules requiring, and the Di-
rector of the Bureau of Prisons shall take such actions 
as may be necessary to ensure, the distribution and acces-
sibility 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 institu-
tion, 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 distrib-
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) by redesignating paragraphs (30) and 
(31) as paragraphs (31) and (32), respectively; 
and 
(B) by inserting after paragraph (29) the 
following new paragraph: 
‘‘(30) menstrual products (as defined in sub-
section (jj));’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(jj) MENSTRUAL PRODUCTS.—For purposes of sub-
section (a)(30), the term ‘menstrual products’ means men-
strual cups, menstrual discs, menstrual underwear, and 
sanitary napkins and tampons, that conform to applicable 
industry standards.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall apply 
with respect to medical assistance furnished during 
or after the first calendar quarter beginning on or 
after the date that is 1 year after the date of the 
enactment of this Act. 
(2) EXCEPTION FOR STATE LEGISLATION.—In 
the case of a State plan under title XIX of the So-
cial Security Act (42 U.S.C. 1396 et seq.) that the 
Secretary of Health and Human Services determines 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
requires State legislation in order for the respective 
plan to meet any requirement imposed by amend-
ments made by this section, the respective plan shall 
not be regarded as failing to comply with the re-
quirements of such title solely on the basis of its 
failure to meet such an additional requirement be-
fore the first day of the first calendar quarter begin-
ning after the close of the first regular session of the 
State legislature that begins after the date of the en-
actment 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. 
SEC. 8. MENSTRUAL 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: 
‘‘(h) The Secretary shall by rule promulgate a re-
quirement that each employer with not less than 100 em-
ployees provide menstrual products free of charge for em-
ployees of the employer. For purposes of the preceding 
sentence, ‘menstrual products’ means sanitary napkins 
and tampons that conform to applicable industry stand-
ards.’’. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 9. MENSTRUAL PRODUCTS IN FEDERAL BUILDINGS. 
(a) REQUIREMENT.—Each appropriate authority 
shall ensure that menstrual products are stocked in, and 
available free of charge in, each covered restroom in each 
covered public building under the jurisdiction of such au-
thority. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE AUTHORITY.—The term ‘‘ap-
propriate authority’’ means the head of a Federal 
agency, the Architect of the Capitol, or other official 
authority responsible for the operation of a covered 
public building. 
(2) COVERED
PUBLIC
BUILDING.—The term 
‘‘covered public building’’ means a public building, 
as defined in section 3301 of title 40, United States 
Code, that is open to the public and contains a pub-
lic restroom, and includes a building listed in section 
6301 or 5101 of such title. 
(3) COVERED RESTROOM.—The term ‘‘covered 
restroom’’ means a restroom in a covered public 
building. 
(4) MENSTRUAL PRODUCTS.—The term ‘‘men-
strual products’’ means sanitary napkins and tam-
pons that conform to applicable industry standards. 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 10. MENSTRUAL PRODUCTS IN THE SOCIAL SERVICES 
BLOCK GRANT PROGRAM. 
(a) INCREASE IN FUNDING FOR SOCIAL SERVICES 
BLOCK GRANT PROGRAM.— 
(1) IN
GENERAL.—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 2024 
through 2027, of which, the amount equal to 
$200,000,000, reduced by the amounts reserved 
under paragraph (2)(B) for each such fiscal year, 
shall be obligated by States in accordance with sub-
section (b). 
(2) APPROPRIATION.— 
(A) IN GENERAL.—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 2024 
through 2027, to carry out this section. 
(B) RESERVATIONS.— 
(i) PURPOSES.—The Secretary shall 
reserve, from the amount appropriated 
under subparagraph (A) to carry out this 
section— 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB
(I) for each of fiscal years 2024 
through 2027, not more than 2 per-
cent of the amount appropriated for 
the fiscal year for purposes of enter-
ing into an agreement with an eligible 
entity described in subparagraph (C) 
to assist in providing technical assist-
ance and training, to support effective 
policy, practice, research, and cross- 
system collaboration among grantees 
and subgrantees, and to assist in the 
administration of the program de-
scribed in this section; and 
(II) for fiscal year 2024, an 
amount, not to exceed $2,000,000, for 
purposes of conducting an evaluation 
under subsection (d). 
(ii) NO STATE ENTITLEMENT TO RE-
SERVED
FUNDS.—The State entitlement 
under section 2002(a) of the Social Secu-
rity Act (42 U.S.C. 1397a(a)) shall not 
apply to the amounts reserved under clause 
(i). 
(C) ELIGIBLE ENTITY DESCRIBED.—An el-
igible entity described in this subparagraph is a 
VerDate Sep 11 2014 
03:46 Jun 16, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
pbinns on DSKJLVW7X2PROD with $$_JOB