[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3646 Introduced in House (IH)]

<DOC>






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. Barragan, 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. Garcia 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 Pennsylvania, Ms. Lee of California, Ms. 
 Matsui, Mr. Meeks, Mr. Menendez, Ms. Moore of Wisconsin, Mr. Morelle, 
Mr. Mullin, Mrs. Napolitano, 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. Velazquez, 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 
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 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; 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 
                            Emergency 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 population 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.
            (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 ensuring 
        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 students in the 
        United States are affected by period poverty.
            (8) Period poverty disproportionately affects Black, 
        Latina, immigrant, and first-generation students 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 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.

SEC. 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)) 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 following:
            ``(6) Menstrual products.--The term `menstrual products' 
        means sanitary napkins and tampons that conform to applicable 
        industry standards.''.
    (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'' 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 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)), to--
            (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'' means a sanitary napkin 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 Improvement 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.

SEC. 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.) (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 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 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 Products.--For the purposes of subsection (a), the 
term ``menstrual products'' means sanitary napkins and tampons that 
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 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.

SEC. 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)) 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 
        that conform to applicable industry standards.''.

SEC. 7. MENSTRUAL PRODUCTS COVERED BY MEDICAID.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (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 
        (jj));''; and
            (2) by adding at the end the following new subsection:
    ``(jj) Menstrual Products.--For purposes of subsection (a)(30), the 
term `menstrual products' means menstrual 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 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. 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 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' means sanitary napkins and 
tampons that conform to applicable industry standards.''.

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 authority.
    (b) Definitions.--In this section:
            (1) Appropriate authority.--The term ``appropriate 
        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 public 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 ``menstrual products'' 
        means sanitary napkins and tampons that conform to applicable 
        industry standards.

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 
        subsection (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--
                                    (I) for each of fiscal years 2024 
                                through 2027, not more than 2 percent 
                                of the amount appropriated for the 
                                fiscal year for purposes of entering 
                                into an agreement with an eligible 
                                entity described in subparagraph (C) to 
                                assist in providing technical 
                                assistance 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 
                                described 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 reserved 
                        funds.--The State entitlement under section 
                        2002(a) of the Social Security Act (42 U.S.C. 
                        1397a(a)) shall not apply to the amounts 
                        reserved under clause (i).
                    (C) Eligible entity described.--An eligible entity 
                described in this subparagraph is a nonprofit 
                organization described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under section 501(a) of such Code, that--
                            (i) has experience in more than 1 State in 
                        the area of community distributions of basic 
                        need services, including experience collecting, 
                        warehousing, and distributing basic necessities 
                        such as menstrual products;
                            (ii) demonstrates competency to implement a 
                        project, provide fiscal accountability, collect 
                        data, and prepare reports and other necessary 
                        documentation; and
                            (iii) demonstrates a willingness to share 
                        information with researchers, practitioners, 
                        and other interested parties.
    (b) Rules Governing Use of Additional Funds.--
            (1) In general.--Funds are used in accordance with this 
        subsection if--
                    (A) the State, in consultation with relevant 
                stakeholders, including agencies, professional 
                associations, and nonprofit organizations, distributes 
                the funds to eligible entities to--
                            (i) decrease the unmet need for menstrual 
                        products by low-income menstruating individuals 
                        through--
                                    (I) the distribution of free 
                                menstrual products;
                                    (II) community outreach to assist 
                                in participation in existing menstrual 
                                product distribution programs; or
                                    (III) improving access to menstrual 
                                products among low-income individuals; 
                                and
                            (ii) increase the ability of communities 
                        and low-income families in such communities to 
                        provide for the need for menstrual products of 
                        low-income adults; and
                    (B) the funds are used subject to the limitations 
                in section 2005 of the Social Security Act (42 U.S.C. 
                1397d).
            (2) Allowable uses by eligible entities.--
                    (A) In general.--An eligible entity receiving funds 
                made available under subsection (a) shall use the funds 
                for any of the following:
                            (i) To pay for the purchase and 
                        distribution of menstrual products among low-
                        income individuals.
                            (ii) To integrate activities carried out 
                        under subparagraph (A) with other basic needs 
                        assistance programs serving low-income 
                        families, including the following:
                                    (I) Programs funded by the 
                                temporary assistance for needy families 
                                program under part A of title IV of the 
                                Social Security Act (42 U.S.C. 601 et 
                                seq.), including the State maintenance 
                                of effort provisions of such program.
                                    (II) Programs designed to support 
                                the health of eligible children, such 
                                as the Children's Health Insurance 
                                Program under title XXI of the Social 
                                Security Act, the Medicaid program 
                                under title XIX of such Act, or State 
                                funded health care programs.
                                    (III) Programs funded through the 
                                special supplemental nutrition program 
                                for women, infants, and children under 
                                section 17 of the Child Nutrition Act 
                                of 1966.
                                    (IV) Programs that offer early home 
                                visiting services, including the 
                                maternal, infant, and early childhood 
                                home visiting program (including the 
                                Tribal home visiting program) under 
                                section 511 of the Social Security Act 
                                (42 U.S.C. 711).
                            (iii) To provide training or technical 
                        assistance in carrying out activities under 
                        this section.
                            (iv) To cover administrative costs.
                    (B) Limitation on use of funds for administrative 
                costs.--An eligible entity receiving funds made 
                available under this section shall not use more than 9 
                percent of the funds for administrative costs incurred 
                pursuant to this section.
            (3) Availability of funds.--
                    (A) Funds distributed to eligible entities.--Funds 
                made available under subsection (a) that are 
                distributed to an eligible entity by a State for a 
                fiscal year may be expended by the eligible entity only 
                in such fiscal year or the succeeding fiscal year.
                    (B) Evaluation.--Funds reserved under subsection 
                (a)(2)(B)(i)(II) to carry out the evaluation under 
                subsection (d) shall be available for expenditure 
                through September 30, 2028.
            (4) No effect on other programs.--Any assistance or 
        benefits received by a family through funds made available 
        under subsection (a) shall be disregarded for purposes of 
        determining the family's eligibility for, or amount of, 
        benefits under any other Federal needs-based programs.
    (c) Annual Reports.--Section 2004 of the Social Security Act shall 
apply with respect to payments made to a State under this section in 
the same way it applies with respect to payments made to a State under 
section 2002 of such Act.
    (d) Evaluation.--The Secretary, in consultation with States, the 
eligible entities described in subsection (a)(2)(C) receiving funds 
made available under this section, shall--
            (1) not later than December 30, 2030, complete an 
        evaluation of the effectiveness of the assistance program 
        carried out pursuant to this section, such as the effect of 
        activities carried out under this Act on mitigating the health 
        risks of unmet menstrual products need among individuals in 
        low-income families;
            (2) not later than March 31, 2031, submit to the Committees 
        on Energy and Commerce and on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report on the results of the evaluation; and
            (3) not later than April 30, 2031, publish the results of 
        the evaluation on the internet website of the Department of 
        Health and Human Services.
    (e) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue guidance regarding how 
the provisions of this section should be carried out, including 
information regarding eligible entities, allowable use of funds, and 
reporting requirements.
    (f) Best Practices.--The Secretary of Health and Human Services, in 
cooperation with the Secretary of Education, shall develop best 
practices for school officials to use in discussing menstruation with 
students, and shall publish this information on the internet website of 
the Department of Health and Human Services.
    (g) Definitions.--In this section:
            (1) Menstrual products.--The term ``menstrual products'' 
        means menstrual cups, menstrual discs, menstrual underwear, and 
        sanitary napkins and tampons, that conform to applicable 
        industry standards.
            (2) Eligible entities.--The term ``eligible entity'' means 
        a State or local governmental entity, an Indian tribe or tribal 
        organization (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act), or a nonprofit 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under section 
        501(a) of such Code that--
                    (A) has experience in the area of community 
                distributions of basic need services, including 
                experience collecting, warehousing, and distributing 
                basic necessities such as diapers, food, or menstrual 
                products;
                    (B) demonstrates competency to implement a project, 
                provide fiscal accountability, collect data, and 
                prepare reports and other necessary documentation; and
                    (C) demonstrates a willingness to share information 
                with researchers, practitioners, and other interested 
                parties.
            (3) State.--The term ``State'' has the meaning given in 
        section 1101(a)(1) of the Social Security Act for purposes of 
        title XX of such Act.
    (h) Limitation on Authorization of Appropriations.--For the 
administration of this section, there are authorized to be appropriated 
to the Secretary of Health and Human Services not more than $6,000,000 
for fiscal years 2024 through 2027.
    (i) Exemption From Sequestration.--Funds made available to carry 
out this section shall be exempt from reduction under any order issued 
under the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 11. MENSTRUAL PRODUCTS AND TAXATION.

    (a) In General.--It shall be unlawful for a State, or unit of local 
government of a State, to impose a tax on the retail sale of a 
menstrual product.
    (b) Definitions.--For purposes of this Act:
            (1) Menstrual product.--The term ``menstrual products'' 
        means menstrual cups, menstrual discs, menstrual underwear, and 
        sanitary napkins and tampons, that conform to applicable 
        industry standards.
            (2) State.--The term ``State'' means any of the several 
        States or the District of Columbia.
    (c) Effective Date.--This Act shall take effect 120 days after the 
date of the enactment of this Act.

SEC. 12. MENSTRUAL PRODUCTS IN TANF.

    (a) In General.--Section 403(a) of the Social Security Act (42 
U.S.C. 603(a)) is amended by adding at the end the following:
            ``(6) Grants for menstrual products.--
                    ``(A) In general.--The Secretary may make grants, 
                on a competitive basis, for each fiscal year to 
                eligible applicants for the grants, in such amounts as 
                the Secretary deems appropriate to enable the eligible 
                applicants to provide, to covered families that include 
                an individual who is capable of menstruating, such 
                benefits as are needed to ensure that the individual 
                can purchase menstrual products for personal use.
                    ``(B) Definitions.--In subparagraph (A):
                            ``(i) Covered families.--The term `covered 
                        families' means families eligible for 
                        assistance under a State program funded under 
                        this part.
                            ``(ii) Eligible applicant.--The term 
                        `eligible applicant' means--
                                    ``(I) a State to which a grant is 
                                made under paragraph (1) for a fiscal 
                                year; and
                                    ``(II) a political subdivision of a 
                                State that administers the State 
                                program funded under this part in the 
                                political subdivision.
                            ``(iii) Menstrual products.--The term 
                        `menstrual products' means menstrual cups, 
                        menstrual discs, menstrual underwear, and 
                        sanitary napkins and tampons, that conform to 
                        applicable industry standards.
                    ``(C) Consideration of applications.--The Secretary 
                shall award grants under this paragraph on the basis of 
                how effectively the programs proposed by the eligible 
                applicants will help low-income individuals suffering 
                from material deprivation meet their need for menstrual 
                products.
                    ``(D) Administration.--A State or political 
                subdivision to which a grant is made under this 
                paragraph may use the grant to provide benefits under 
                this paragraph in such form and in such manner as the 
                State or political subdivision deems appropriate.
                    ``(E) Treatment of assistance.--Benefits provided 
                using funds made available under this paragraph shall 
                not be considered assistance under any State program 
                funded under this part.
                    ``(F) Appropriation.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated for fiscal year 
                2024 and each succeeding fiscal year $10,000,000 for 
                grants under this paragraph.''.
    (b) Evaluations.--Section 413 of such Act (42 U.S.C. 613) is 
amended by redesignating subsection (h) as subsection (i) and inserting 
after subsection (g) the following:
    ``(h) Evaluations of Grants for Menstrual Products.--
            ``(1) In general.--The Secretary shall submit to the 
        Congress reports, in writing, that evaluate the effectiveness 
        of the benefit program provided for in section 403(a)(6). Each 
        such report shall, for the period covered by the report--
                    ``(A) describe--
                            ``(i) the extent of material deprivation in 
                        the population, including lacking sufficient 
                        funds to regularly purchase necessities such as 
                        menstrual products; and
                            ``(ii) the extent to which the program 
                        alleviated such material deprivation;
                    ``(B) specify the number and identity of the 
                entities to which a grant has been made under such 
                section, and the amount of the grant made to each such 
                entity;
                    ``(C) describe how the grantees used the grants to 
                provide benefits under the program;
                    ``(D) specify the number of individuals who 
                received the benefits;
                    ``(E) describe how efficacious the program has been 
                in helping low-income individuals meet their need for 
                menstrual products;
                    ``(F) describe the extent to which the program has 
                improved the economic security of the benefit 
                recipients; and
                    ``(G) include such other relevant information as 
                the Secretary deems appropriate.
            ``(2) Timing.--The Secretary shall submit a report that 
        meets the requirements of paragraph (1) within 2 years after 
        the date of the enactment of this paragraph and every 2 years 
        thereafter.''.
                                 <all>