H.R. 3644 — Menstrual Equity For All Act of 2025

This section designates the Act as the “Menstrual Equity For All Act of 2025” and sets forth its table of contents.

This section states 10 congressional findings concerning period poverty (i.e., lack of access to menstrual products), including that such products are a necessity for millions monthly; more than half the U.S. population menstruates for decades; 1 in 4 teens, 1 in 3 adults, and 1 in 5 college students struggle to afford them; it disproportionately affects Black, Latina, immigrant, and Indigenous households; and it can cause school or work absences, depression, and infection risks from product substitutes or infrequent changes.

This section amends the Student Support and Academic Enrichment Grants program (i.e., formula grants to states for local educational agency subgrants to support safe and healthy students, well-rounded education, and technology) to (1) authorize use of funds to provide free menstrual products to students who use them; (2) define "menstrual product" as an item conforming to industry standards, including a sanitary pad, tampon, or liner; a menstrual cup or disc; or menstrual underwear; and (3) direct the Secretary of Education, in consultation with the Secretary of Health and Human Services, to promulgate regulations on the definition within one year of enactment.

This section establishes a competitive grant program under which the Secretary of Education awards grants to at least four institutions of higher education to (1) provide free menstrual products (i.e., sanitary pads, tampons, liners, menstrual cups or discs, and menstrual underwear) to students in campus locations such as restrooms, wellness centers, and residential buildings; and (2) report best practices. At least 50% of grants must be awarded to community colleges, with priority to institutions where Federal Pell Grant enrollment is at least 25% of total enrollment and to minority-serving institutions such as historically Black colleges and universities, Hispanic-serving institutions, and Asian American and Native American Pacific Islander-serving institutions; grants may also support student outreach, assistance enrolling in public assistance programs, and coordination with government or community-based organizations. The section authorizes $5 million from appropriations to the Fund for the Improvement of Postsecondary Education for the program.

This section requires the chief executive officer of each state receiving Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) funding to certify annually, beginning 180 days after enactment, that all incarcerated individuals and detainees have on-demand access to menstrual products (i.e., sanitary pads, tampons, liners, menstrual cups, discs, or underwear) at no cost and that no visitor is prohibited due to the visitor's use of such products. (1) It directs the Attorney General to reduce such a non-compliant state's Byrne JAG funding by 20% in the following fiscal year, with withheld amounts reallocated to compliant states; (2) it requires the Attorney General and Bureau of Prisons Director to ensure free distribution of menstrual products to all federal prisoners, including those in state or private facilities; and (3) it requires the Secretary of Homeland Security to ensure free access for all DHS immigration detainees, including those in private facilities.

This section directs the National Board to establish guidelines for the Emergency Food and Shelter Program ensuring that amounts provided to private nonprofit organizations and local governments may be used to provide menstrual products. It defines the term "menstrual product" as an item used during menstruation that conforms to applicable industry standards, including (1) a sanitary pad, tampon, or liner; (2) a menstrual cup or disc; and (3) menstrual underwear. (As background, the Emergency Food and Shelter Program provides grants to localities for emergency food, shelter, supplies, and services to assist homeless individuals.)

This section adds menstrual products to the definition of medical assistance under Medicaid, requiring state programs to cover such products for eligible individuals (i.e., those under age 21 or, at state option, younger; certain parents and caretakers; individuals age 65 or older; blind or disabled individuals; pregnant women; and others specified in 42 U.S.C. 1396d(a)). Menstrual products include sanitary pads, tampons or liners, menstrual cups or discs, and menstrual underwear (as defined in new subsection (jj)). The requirement applies to medical assistance furnished during or after the first calendar quarter beginning one year after enactment, with an exception for states requiring State legislation (not deemed noncompliant until the first quarter after the first applicable legislative session).

This section directs the Secretary to promulgate a rule requiring each employer with at least 100 employees to provide menstrual products free of charge to employees. Menstrual product means an item used by an individual with respect to menstruation that conforms to applicable industry standards (e.g., sanitary pad, tampon, or liner; menstrual cup or disc; menstrual underwear).

This section requires the head of each federal agency, the Architect of the Capitol, or other responsible official (i.e., appropriate authority) to stock and provide free of charge menstrual products in each restroom of covered public buildings under their jurisdiction. Covered public buildings are public buildings, as defined in 40 U.S.C. § 3301 (i.e., buildings suitable for federal office or storage use, including post offices, courthouses, and similar facilities), that are open to the public and contain a public restroom, including buildings listed in 40 U.S.C. §§ 5101 and 6301; menstrual products include sanitary pads, tampons or liners, menstrual cups or discs, and menstrual underwear that conform to applicable industry standards.

This section increases the total annual funding for the Social Services Block Grant (SSBG) to $1.9 billion (from $1.7 billion) for FY2026 through 2029, of which an amount equal to $200 million (reduced by reservations) must be obligated by states for menstrual products distribution, and appropriates $200 million annually for FY2026 through 2029 to carry out these changes. (As background, SSBG provides states with flexible funding for a broad array of social services (i.e., child care, protective services, foster care, home management, transportation, and related services for vulnerable populations such as children, the elderly, and individuals with disabilities).) The Secretary must reserve from the $200 million appropriation (1) up to 2% annually for technical assistance, training, and program administration provided by an eligible nonprofit organization experienced in distributing basic needs such as menstrual products; and (2) up to $2 million in FY2026 for an evaluation (with reserved evaluation funds available through September 30, 2028). States must distribute the $200 million (minus reservations) to eligible entities, in consultation with stakeholders, to (1) provide free menstrual products, conduct outreach, and improve access for low-income menstruating individuals; (2) support community and family capacity to meet such needs; and (3) integrate with programs such as TANF, Medicaid, CHIP, WIC, and maternal home visiting—subject to SSBG limitations, a 9% administrative cost cap, one-year carryover for entity expenditures, no geographic limits on distributions, and supplement-not-supplant requirements. (Thus, assistance from these funds is disregarded in determining eligibility or benefit amounts for other programs.)

This section prohibits states and their units of local government from imposing a tax on the retail sale of menstrual products (i.e., sanitary pads, tampons, or liners; menstrual cups or discs; and menstrual underwear), effective 120 days after enactment.

This section establishes a competitive grant program under which the Secretary of Health and Human Services may award states receiving TANF family assistance grants or their political subdivisions up to $10 million annually for FY2026 and succeeding fiscal years to provide menstrual products (i.e., sanitary pads, tampons, liners, menstrual cups, discs, or underwear) to TANF-eligible families with menstruating members. (Benefits provided are not considered TANF assistance. (Thus, they do not count toward TANF benefit limits, work requirements, or time limits.)) It further requires the Secretary to submit biennial reports to Congress beginning two years after enactment evaluating the program's effectiveness in reducing material deprivation related to menstrual products among low-income individuals, including details on grantees, usage, individuals served, and economic security outcomes.