Menstrual Equity For All Act of 2025
- Sponsor
- Rep. Meng, Grace [D-NY-6]
- Committees
- Ways and Means Committee (primary)
- Last action
- May 29, 2025
Bottom line
The bill establishes a comprehensive federal framework to ensure free access to menstrual products in public institutions and for low-income individuals, while also eliminating state and local sales taxes on these products.
What it actually does
This bill, the 'Menstrual Equity For All Act of 2025,' aims to increase the availability and affordability of menstrual products across various sectors. It mandates free menstrual products in K-12 schools, institutions of higher education, federal buildings, and correctional facilities. It also makes menstrual products eligible for coverage under Medicaid, expands the use of Social Services Block Grants (SSBG) and Temporary Assistance for Needy Families (TANF) for these products, and prohibits state and local taxes on their retail sale.
Proponents argue
Proponents argue that menstrual products are a basic necessity, not a luxury, and that 'period poverty' significantly impacts health, education, and economic well-being, particularly for marginalized communities. They contend that this bill addresses a fundamental equity issue, allowing individuals to participate fully in daily life without the burden of affording essential hygiene products, thereby improving public health and educational outcomes.
Opponents contend
Opponents might argue against the federal mandates, citing concerns about the cost burden on states, local governments, schools, and employers, particularly without full federal funding for all provisions. They may also raise concerns about federal overreach into areas traditionally managed at the state or local level, and question the efficiency of distributing products through various government programs.
The bill is moderately complex due to its broad scope across multiple federal programs and agencies, but its language is generally clear. An informed reader would need adequate time to digest its many provisions and their implications.
Sec. 3
Menstrual Products for Students at Elementary and Secondary Schools
This section amends the Elementary and Secondary Education Act of 1965 to require elementary and secondary schools receiving federal funds under certain programs to provide free menstrual products to students who need them. It also defines 'menstrual product' to include sanitary pads, tampons, liners, menstrual cups/discs, and menstrual underwear, and mandates rulemaking by the Secretary of Education in consultation with HHS.
Supporters argue
Supporters argue that providing free menstrual products in schools removes a significant barrier to education for students experiencing period poverty, ensuring they do not miss school due to lack of access to these necessities.
Critics contend
Critics may argue that this provision imposes an unfunded or underfunded mandate on schools, diverting resources from other educational priorities, and that local school districts should determine such policies.
Tradeoffs
The provision balances the goal of educational equity and student well-being against potential financial burdens on school districts, which may need to reallocate existing funds or seek new funding sources.
Sec. 4
Menstrual Products for Students at Institutions of Higher Education
This section establishes a competitive grant program, administered by the Secretary of Education, to award grants to at least four institutions of higher education. These grants will support programs that provide free menstrual products to college and graduate students, report on best practices, and conduct outreach. At least 50% of grants must go to community colleges, and priority is given to institutions with high Pell Grant enrollment and minority-serving institutions.
Sec. 5
Menstrual Products for Incarcerated Individuals and Detainees
This section requires states receiving Edward Byrne Memorial Justice Assistance Grant Program funds to certify annually that all incarcerated individuals and detainees have access to free menstrual products on demand. Failure to certify results in a 20% reduction in grant funding. It also mandates the Attorney General and Secretary of Homeland Security to ensure free distribution and accessibility of menstrual products to federal prisoners and detained aliens, respectively.
Sec. 6
Menstrual Products Availability for Homeless Individuals under Emergency Food and Shelter Grant Program
This section amends the McKinney-Vento Homeless Assistance Act to explicitly allow funds from the Emergency Food and Shelter Grant Program to be used by private nonprofit organizations and local governments to provide menstrual products to homeless individuals. It also adds a definition of 'menstrual product' for this purpose.
Sec. 7
Menstrual Products Covered by Medicaid
This section amends the Social Security Act to include 'menstrual products' as a covered medical assistance service under Medicaid. It defines 'menstrual product' consistently with other sections of the bill. The provision takes effect one year after enactment, with an exception for states requiring legislative changes, allowing them additional time.
Sec. 8
Menstrual Products for Employees
This section amends the Occupational Safety and Health Act of 1970 to require the Secretary of Labor to promulgate a rule mandating that employers with not less than 100 employees provide menstrual products free of charge for their employees. The definition of 'menstrual product' is consistent with other sections.
Sec. 9
Menstrual Products in Federal Buildings
This section requires each appropriate authority (e.g., head of a Federal agency, Architect of the Capitol) to ensure that menstrual products are stocked in, and available free of charge in, all covered restrooms in covered public buildings under their jurisdiction. Covered public buildings are those open to the public and containing a public restroom, including those listed in specific titles of U.S. Code.
Sec. 10
Menstrual Products in the Social Services Block Grant Program
This section increases funding for the Social Services Block Grant (SSBG) program by $200,000,000 annually for fiscal years 2026-2029, specifically for states to obligate towards providing menstrual products. Funds can be distributed to eligible entities (state/local governments, Indian tribes, nonprofits) to decrease unmet needs, conduct outreach, and integrate with other basic needs programs. It also includes provisions for technical assistance, evaluation, and ensures that benefits do not affect eligibility for other federal programs.
Sec. 11
Menstrual Products and Taxation
This section makes it unlawful for any state or unit of local government to impose a tax on the retail sale of a menstrual product. The provision defines 'menstrual product' and 'State' and takes effect 120 days after the date of enactment.
Sec. 12
Menstrual Products in TANF
This section amends the Social Security Act to authorize the Secretary to make competitive grants to states or political subdivisions under the Temporary Assistance for Needy Families (TANF) program. These grants are specifically for providing benefits to covered families (eligible for TANF assistance) to ensure individuals can purchase menstrual products. The section appropriates $10,000,000 annually for these grants starting in FY2026 and requires evaluations of the program's effectiveness.
Prohibits correctional facilities from denying visitors entry due to their use of menstrual products.
Sec. 5(a)
Why it matters:This is likely standard legislative practice to include related provisions within a relevant section, rather than an attempt to obscure. It addresses a specific, documented issue faced by visitors to correctional facilities.
Case for: Supporters would argue this protects the dignity and privacy of visitors, preventing discriminatory practices that could disrupt family connections or access to legal counsel.
Case against: No specific opposition is typically raised against this provision, as it addresses a specific, documented issue faced by visitors to correctional facilities without significant cost implications.
Estimated impact: Prevents arbitrary denial of entry for visitors to correctional facilities based on menstrual product use, affecting an unknown but potentially significant number of individuals.
Any assistance or benefits received by a family through the additional SSBG funds for menstrual products shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs.
Sec. 10(b)(4)
Why it matters:This is a common and important technical provision in social welfare legislation to prevent unintended 'benefits cliffs' or disincentives. Its placement is standard for such clauses, ensuring it applies broadly to the program.
Case for: Proponents would highlight this as a vital protection for low-income families, ensuring that receiving essential menstrual products does not inadvertently reduce their eligibility for other critical aid like housing or food assistance.
Case against: No specific opposition is typically raised against this provision, as it is a standard safeguard in social welfare programs to prevent unintended negative consequences for beneficiaries.
Estimated impact: Prevents a 'benefits cliff' for potentially thousands of low-income families receiving menstrual product assistance, ensuring they do not lose other federal aid.