,i #aafth ,,congress #ast ,session ,h4 ,r4 #ahhb ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjai,ms4 ,meng 7for herself1 ,mrs4 ,beatty1 ,mr4 ,blumenauer1 ,mr4 ,crdenas1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,cicilline1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cohen1 ,mr4 ,connolly1 ,ms4 ,de,lauro1 ,ms4 ,garcia of ,texas1 ,mr4 ,grijalva1 ,ms4 ,haaland1 ,mr4 ,hastings1 ,mrs4 ,hayes1 ,ms4 ,jayapal1 ,mr4 ,johnson of ,georgia1 ,ms4 ,kelly of ,illinois1 ,mr4 ,khanna1 ,ms4 ,lee of ,california1 ,mr4 ,ted ,lieu of ,california1 ,ms4 ,lofgren1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,mc,collum1 ,ms4 ,moore1 ,mr4 ,morelle1 ,mr4 ,nadler1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,ms4 ,omar1 ,mr4 ,payne1 ,ms4 ,pressley1 ,mr4 ,raskin1 ,mr4 ,rouda1 ,ms4 ,roybal-,allard1 ,ms4 ,schakowsky1 ,ms4 ,titus1 ,ms4 ,tlaib1 ,mr4 ,tonko1 ,ms4 ,velzquez1 ,ms4 ,wasserman ,schultz1 and ,ms4 ,wexton7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on the ,judiciary1 ,financial ,services1 ,ways and ,means1 ,energy and ,commerce1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 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 access1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,menstrual ,equity ,for ,all ,act of #bjai4 #b4 ,menstrual hygiene products for students 7a7 ,in general ,section #dajh7e77;,c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaah7e77;,c77 is amended-- 7#a7 in clause 7vi71 by striking or after the semicolon2 7#b7 in clause 7vii71 by inserting or after the semicolon2 and 7#c7 by adding at the end the following3 7viii7 provide free menstrual hygiene products to students who use menstrual hygiene products2 4 7b7 ,definitions ,section #dajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaab7 is amended-- 7#a7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,menstrual hygiene products 7,a7 ,in general ,the term menstrual hygiene products means sanitary napkins and tampons4 ,all items must conform to applicable industry standards4 7,b7 ,rulemaking ,by not later than #a year after the date of enactment of the ,menstrual ,equity ,for ,all ,act of #bjai1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall promulgate rules with respect to this paragraph4 4 #c4 ,menstrual hygiene products for incarcerated individuals and detainees 7a7 ,requirement for ,states ,beginning on the date that is #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the chief executive officer of each ,state that receives a grant under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq47 7commonly referred to as the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program7 shall submit to the ,attorney ,general a certification1 in such form and containing such information as the ,attorney ,general may require1 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 detainees1 and that no visitor is prohibited from visiting an incarcerated individual due to the visitor's use of menstrual hygiene products4 7b7 ,reduction in ,grant ,funding ,in the case of a ,state whose chief executive officer fails to submit a certification required under subsection 7a7 in a fiscal year1 the ,attorney ,general shall reduce the amount that the ,state would have otherwise received under section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 by #bj percent for the following fiscal year4 7c7 ,reallocation ,amounts not allocated to a ,state under section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 for a fiscal year pursuant to subsection 7b7 shall be reallocated under such section to ,states that submit such certifications4 7d7 ,menstrual hygiene products ,for the purposes of subsection 7a71 the term menstrual hygiene products means sanitary napkins and tampons4 ,all items must conform to applicable industry standards4 7e7 ,availability for ,federal prisoners ,the ,attorney ,general shall make rules requiring1 and the ,director of the ,bureau of ,prisons shall take such actions as may be necessary to ensure1 the distribution and accessibility without charge of menstrual hygiene products to prisoners in the custody of the ,bureau of ,prisons1 including any prisoner in a ,federal penal or correctional institution1 any ,federal prisoner in a ,state penal or correctional institution1 and any ,federal prisoner in a facility administered by a private detention entity1 to ensure that each prisoner who requires these products may receive them in sufficient quantity4 7f7 ,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 ,security1 including any alien in a facility administered by a private detention entity1 at no expense to the alien4 #d4 ,menstrual hygiene products availability for homeless individuals under emergency food and shelter grant program ,subsection 7a7 of section #caf of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacdf7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#g7 guidelines that ensure that amounts provided under the program to private nonprofit organizations and local governments may be used to provide sanitary napkins and tampons4 ,all items must conform to applicable industry standards4 4 #e4 ,menstrual hygiene products reimbursement from health flexible spending arrangements 7a7 ,in general ,section #ajf of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7h7 ,menstrual hygiene products 7#a7 ,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 arrangement4 7#b7 ,menstrual hygiene products defined ,for purposes of paragraph 7#a71 the term menstrual hygiene products means sanitary napkins1 tampons1 liners1 cups1 and similar items used by individuals with respect to menstruation4 ,all items must conform to applicable industry standards4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #f4 ,menstrual hygiene products covered by medicaid 7a7 ,in general ,title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 is amended-- 7#a7 in section #aijb7;a77#aj77;,a71 by striking and 7#bi7 and inserting 1 7#bi71 and 7#cj72 and 7#b7 in section #aije-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#bi71 by striking and at the end2 7ii7 by redesignating paragraph 7#cj7 as paragraph 7#ca72 and 7iii7 by inserting after paragraph 7#bi7 the following new paragraph3 7#cj7 menstrual hygiene products 7as defined in subsection 7ff772 and 2 and 7,b7 by adding at the end the following new subsection3 7ff7 ,menstrual hygiene products ,for purposes of subsection 7a77#cj71 ,the term menstrual hygiene products means sanitary napkins1 tampons1 liners1 cups1 and similar items used by individuals with respect to menstruation and that conform to industry standards4 4 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 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 #a year after the date of the enactment of this ,act4 7#b7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 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 section1 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 #g4 ,menstrual hygiene products for employees ,section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7 is amended by adding at the end the following3 7g7 ,the ,secretary shall by rule promulgate a requirement that each employer with not less than #ajj employees provide menstrual hygiene products free of charge for employees of the employer4 ,for purposes of the preceding sentence1 menstrual hygiene products means sanitary napkins and tampons4 ,all items must conform to applicable industry standards4 4 #h4 ,menstrual hygiene products in ,federal buildings 7a7 ,requirement ,the head of each agency shall ensure that menstrual hygiene products are stocked in1 and available free of charge in1 each covered restroom in each covered public building under the jurisdiction of such agency4 7b7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,agency ,the term agency has the meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,covered public building ,the term covered public building means a public building 7as defined in section #ccja of title #dj1 ,united ,states ,code7 that is open to the public and contains a restroom1 and includes a building listed in section #fcja or #eaja of such title4 7#c7 ,covered restroom ,the term covered restroom means each restroom in a covered public building except for a restroom designated solely for use by men4 7#d7 ,menstrual hygiene products ,the term menstrual hygiene products means sanitary napkins and tampons4 ,all items must conform to applicable industry standards4