[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1882 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1882

  To increase the availability and affordability of menstrual hygiene 
 products for individuals with limited access, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2019

 Ms. Meng (for herself, Mrs. Beatty, Mr. Blumenauer, Mr. Cardenas, Ms. 
  Judy Chu of California, Mr. Cicilline, Ms. Clarke of New York, Mr. 
 Cohen, Mr. Connolly, Ms. DeLauro, Ms. Garcia of Texas, Mr. Grijalva, 
  Ms. Haaland, Mr. Hastings, Mrs. Hayes, Ms. Jayapal, Mr. Johnson of 
Georgia, Ms. Kelly of Illinois, Mr. Khanna, Ms. Lee of California, Mr. 
  Ted Lieu of California, Ms. Lofgren, Mrs. Carolyn B. Maloney of New 
 York, Mr. Sean Patrick Maloney of New York, Ms. McCollum, Ms. Moore, 
 Mr. Morelle, Mr. Nadler, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. 
  Payne, Ms. Pressley, Mr. Raskin, Mr. Rouda, Ms. Roybal-Allard, Ms. 
    Schakowsky, Ms. Titus, Ms. Tlaib, Mr. Tonko, Ms. Velazquez, Ms. 
Wasserman Schultz, and Ms. Wexton) introduced the following bill; which 
 was referred to the Committee on Education and Labor, and in addition 
to the Committees on the Judiciary, Financial Services, Ways and Means, 
   Energy and Commerce, and Transportation and Infrastructure, for a 
 period to be subsequently 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 individuals with limited access, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 
2019''.

SEC. 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)) 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 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) is amended--
            (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' means sanitary napkins and tampons. All items 
                must conform to applicable industry standards.
                    ``(B) Rulemaking.--By not later than 1 year after 
                the date of enactment of the Menstrual Equity For All 
                Act of 2019, the Secretary, in consultation with the 
                Secretary of Health and Human Services, shall 
                promulgate rules with respect to this paragraph.''.

SEC. 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 et seq.) (commonly 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 hygiene products on demand and at no cost to the incarcerated 
individuals and detainees, and that no visitor is prohibited from 
visiting an incarcerated individual due to the visitor's use of 
menstrual hygiene 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.
    (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 reallocated under such section to States that submit such 
certifications.
    (d) Menstrual Hygiene Products.--For the purposes of subsection 
(a), the term ``menstrual hygiene products'' means sanitary napkins and 
tampons. All items must conform to applicable industry standards.
    (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.

SEC. 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)) is amended--
            (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 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.''.

SEC. 5. MENSTRUAL HYGIENE PRODUCTS REIMBURSEMENT FROM HEALTH FLEXIBLE 
              SPENDING ARRANGEMENTS.

    (a) In General.--Section 106 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(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' means 
        sanitary napkins, tampons, liners, cups, and similar items used 
        by individuals with respect to menstruation. All items must 
        conform to applicable industry standards.''.
    (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. 6. MENSTRUAL HYGIENE PRODUCTS COVERED BY MEDICAID.

    (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.) is amended--
            (1) in section 1902(a)(10)(A), by striking ``and (29)'' and 
        inserting ``, (29), and (30)''; and
            (2) in section 1905--
                    (A) in subsection (a)--
                            (i) in paragraph (29), by striking ``and'' 
                        at the end;
                            (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' means sanitary napkins, 
tampons, liners, cups, and similar items used by individuals with 
respect to menstruation and that conform to 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 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 section, 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.

SEC. 7. 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:
    ``(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' means 
sanitary napkins and tampons. All items must conform to applicable 
industry standards.''.

SEC. 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'' has the meaning given such 
        term in section 551 of title 5, United States Code.
            (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 restroom, and includes a building listed in section 
        6301 or 5101 of such title.
            (3) Covered restroom.--The term ``covered restroom'' means 
        each restroom in a covered public building except for a 
        restroom designated solely for use by men.
            (4) Menstrual hygiene products.--The term ``menstrual 
        hygiene products'' means sanitary napkins and tampons. All 
        items must conform to applicable industry standards.
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