I 

113TH CONGRESS 

1ST SESSION H. R. 2599 

To reduce the spread of sexually transmitted infections in correctional 

facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2013 

Ms. LEE of California (for herself, Ms. CLARKE, Mr. RANGEL, Ms. WILSON

of Florida, Mr. SERRANO, Ms. NORTON, Ms. JACKSON LEE, Mr. ELLISON, Mr. LEWIS, and Ms. WATERS) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Energy and Commerce and Financial Services, 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 reduce the spread of sexually transmitted infections in 

correctional facilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for the Unpro5 tected against Sexually Transmitted Infections among the 

6 Confined and Exposed Act’’ or the ‘‘JUSTICE Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

Sec. 4. Authority to allow community organizations to provide STI counseling, 

STI prevention education, and sexual barrier protection devices 

in Federal correctional facilities. 

Sec. 5. Sense of Congress regarding distribution of sexual barrier protection devices in State prison systems. 

Sec. 6. Automatic enrollment or reinstatement of Medicaid benefits. 

Sec. 7. Survey of and report on correctional and immigration detention facility 

programs aimed at reducing the spread of STIs. 

Sec. 8. Strategy. 

Sec. 9. Eligibility of persons discharged from correctional facilities for McKinney-Vento Act housing assistance. 

Sec. 10. Definitions. 

Sec. 11. Appropriations. 

3 SEC. 3. FINDINGS. 

4 The Congress makes the following findings: 

5 (1) According to the Bureau of Justice Statis6 tics (BJS), 2,239,800 persons were incarcerated in 

7 State or Federal prisons or local jails in the United 

8 States as of the end of 2011. Additionally, one in 

9 every 34 United States residents was on probation, 

10 in jail or prison, or on parole. During 2011, the De11 partment of Homeland Security (DHS) confined an 

12 additional 642,000 people. DHS held 429,000 of 

13 them in immigration detention facilities. 

14 (2) In 2010, 60 percent of incarcerated persons 

15 were racial or ethnic minorities. In 2011, African16 Americans males ages 18 to 19 were imprisoned at 

17 more than 9 times the rate of their White counter18 parts. African-American men are incarcerated at a 


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1 rate more than 6 times that of White males, and 2.6 

2 times that of Hispanic males, despite similar rates 

3 of criminal activity. 

4 (3) There is a disproportionately high rate of 

5 HIV/AIDS among incarcerated persons, especially 

6 among minorities. Rates of HIV diagnoses among 

7 persons tested in prisons in 2004 were higher in Af8 rican-Americans and Hispanics than Whites. Ap9 proximately 1 in 7 people living with HIV will pass 

10 through the prison system each year. 

11 (4) In 2010, the AIDS-related death rate 

12 among prisoners was more than 4 times higher 

13 among African-Americans compared to Whites. 

14 (5) Studies suggest that other sexually trans15 mitted infections (STIs), such as gonorrhea, 

16 chlamydia, syphilis, genital herpes, viral hepatitis, 

17 and human papillomavirus, also exist at a higher 

18 rate among incarcerated persons than in the general 

19 population. According to the Centers for Disease 

20 Control and Prevention, 16 percent to 41 percent of 

21 incarcerated persons have been infected with hepa22 titis C (compared to 1 percent to 1.5 percent of the 

23 general population), and 12 percent to 35 percent of 

24 incarcerated persons are chronically infected with 

25 hepatitis C. 


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1 (6) Many correctional facilities in the United 

2 States do not provide comprehensive testing and 

3 treatment programs to reduce the spread of STIs. 

4 According to BJS surveys from 2005, only 996 of 

5 the 1,821 Federal and State correctional facilities 

6 (i.e., 54.7 percent) provided HIV/AIDS counseling 

7 programs. 

8 (7) Individuals who are enrolled in Medicaid 

9 prior to incarceration, including those who are pend10 ing disposition and have not had a trial yet, face a 

11 suspension of their benefits upon incarceration, and 

12 in some States a termination of their Medicaid eligi13 bility. The Federal Government encourages States to 

14 automatically re-enroll incarcerated persons on Med15 icaid upon their release from a correctional facility, 

16 unless the State reaches a determination that the in17 dividual is no longer eligible for reasons other than 

18 their prior incarceration. 

19 (8) Formerly incarcerated individuals who are 

20 newly released from correctional facilities often face 

21 delays in the resumption of their Medicaid benefits 

22 which may exacerbate any health issues which they 

23 face. 

24 (9) Incarcerated individuals living with HIV/ 

25 AIDS who are eligible for Medicaid would benefit 


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1 from prompt and automatic enrollment upon their 

2 release in order to ensure their continued ability to 

3 access health services, including antiretroviral treat4 ment. 

5 (10) Correctional facilities lack a uniform sys6 tem of STI testing and reporting. Establishing a 

7 uniform data collection system would assist in devel8 oping and targeting counseling and treatment pro9 grams for incarcerated persons and can help reduce 

10 the spread of STIs. 

11 (11) Although Congress has acted to reduce the 

12 spread of sexual violence in correctional facilities by 

13 enacting the National Prison Rape Elimination Act 

14 (PREA) of 2003, BJS reported that approximately 

15 4.4 percent of incarcerated persons in prisons and 

16 3.1 percent of persons in jail reported experiencing 

17 one or more incidents of sexual victimization by an18 other incarcerated person or correctional facility 

19 staff in the previous year. 

20 (12) According to CDC, incarcerated persons 

21 do engage in sexual intercourse. The CDC finds that 

22 correct and consistent male or female condom use 

23 effectively reduces the risk of HIV and STI trans24 mission and recommends HIV education and coun25 seling in prisons. 


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1 (13) Despite the effectiveness of condoms in re2 ducing the spread of HIV/AIDS and STIs, the Bu3 reau of Prisons does not recommend their use in 

4 correctional facilities. 

5 (14) The distribution of condoms in correctional 

6 facilities is currently legal in certain parts of the 

7 United States and the world. The States of Vermont 

8 and Mississippi and the District of Columbia allow 

9 condom distribution programs in their correctional 

10 facilities. The cities of New York, San Francisco, 

11 Los Angeles, Washington, DC, and Philadelphia also 

12 allow condom distribution in their correctional facili13 ties. However, these States and cities operate less 

14 than 1 percent of all correctional facilities. 

15 (15) The American Public Health Association, 

16 National Commission on Correctional Health Care 

17 (NCCHC), Human Rights Watch, the United Na18 tions Joint Program on HIV/AIDS, the United Na19 tions Office of Drugs and Crime, UNAIDS, and the 

20 World Health Organization have endorsed the effec21 tiveness of condom distribution programs in correc22 tional facilities. The Global Commission on HIV and 

23 the Law further recognizes that the lack of condoms 

24 exacerbates transmission risk. 


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1 SEC. 4. AUTHORITY TO ALLOW COMMUNITY ORGANIZA2 TIONS TO PROVIDE STI COUNSELING, STI 

3 PREVENTION EDUCATION, AND SEXUAL BAR4 RIER PROTECTION DEVICES IN FEDERAL 

5 CORRECTIONAL FACILITIES. 

6 (a) DIRECTIVE TO ATTORNEY GENERAL.—Not later 

7 than 30 days after the date of enactment of this Act, the 

8 Attorney General shall direct the Bureau of Prisons to 

9 allow community organizations to distribute sexual barrier 

10 protection devices and to engage in STI counseling and 

11 STI prevention education in Federal correctional facilities. 

12 These activities shall be subject to all relevant Federal 

13 laws and regulations which govern visitation in correc14 tional facilities. 

15 (b) INFORMATION REQUIREMENT.—Any community 

16 organization permitted to distribute sexual barrier protec17 tion devices under subsection (a) must ensure that the 

18 persons to whom the devices are distributed are informed 

19 about the proper use and disposal of sexual barrier protec20 tion devices in accordance with established public health 

21 practices. Any community organization conducting STI 

22 counseling or STI prevention education under subsection 

23 (a) must offer comprehensive sex education. 

24 (c) POSSESSION OF DEVICE PROTECTED.—No Fed25 eral correctional facility may, because of the possession or 

26 use of a sexual barrier protection device— 


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1 (1) take adverse action against an incarcerated 

2 person; or 

3 (2) consider possession or use as evidence of 

4 prohibited activity for the purpose of any Federal 

5 correctional facility administrative proceeding. 

6 (d) IMPLEMENTATION.—The Attorney General and 

7 Bureau of Prisons shall implement this section according 

8 to established public health practices in a manner that 

9 protects the health, safety, and privacy of incarcerated 

10 persons and of correctional facility staff. 

11 SEC. 5. SENSE OF CONGRESS REGARDING DISTRIBUTION 

12 OF SEXUAL BARRIER PROTECTION DEVICES 

13 IN STATE PRISON SYSTEMS. 

14 It is the sense of Congress that States should allow 

15 for the legal distribution of sexual barrier protection de16 vices in State correctional facilities to reduce the preva17 lence and spread of STIs in those facilities. 

18 SEC. 6. AUTOMATIC ENROLLMENT OR REINSTATEMENT OF 

19 MEDICAID BENEFITS. 

20 (a) IN GENERAL.—Section 1902(e) of the Social Se21 curity Act (42 U.S.C. 1396a(e)) is amended— 

22 (1) by redesignating the paragraph (14) added 

23 by section 3(c) of Public Law 111–255 as paragraph 

24 (15); and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(16) ENROLLMENT OF EX-OFFENDERS.— 

4 ‘‘(A) AUTOMATIC ENROLLMENT OR REIN5 STATEMENT.— 

6 ‘‘(i) IN GENERAL.—The State plan 

7 shall provide for the automatic enrollment 

8 or reinstatement of enrollment of an eligi9 ble individual— 

10 ‘‘(I) if such individual is sched11 uled to be released from a public insti12 tution due to the completion of sen13 tence, not less than 30 days prior to 

14 the scheduled date of the release; and 

15 ‘‘(II) if such individual is to be 

16 released from a public institution on 

17 parole or on probation, as soon as 

18 possible after the date on which the 

19 determination to release such indi20 vidual was made, and before the date 

21 such individual is released. 

22 ‘‘(ii) EXCEPTION.—If a State makes a 

23 determination that an individual is not eli24 gible to be enrolled under the State plan— 


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1 ‘‘(I) on or before the date by 

2 which the individual would be enrolled 

3 under clause (i), such clause shall not 

4 apply to such individual; or 

5 ‘‘(II) after such date, the State 

6 may terminate the enrollment of such 

7 individual. 

8 ‘‘(B) RELATIONSHIP OF ENROLLMENT TO

9 PAYMENT FOR SERVICES.— 

10 ‘‘(i) IN GENERAL.—Subject to sub11 paragraph (A)(ii), an eligible individual 

12 who is enrolled, or whose enrollment is re13 instated, under subparagraph (A) shall be 

14 eligible for medical assistance that is pro15 vided after the date that the eligible indi16 vidual is released from the public institu17 tion. 

18 ‘‘(ii) RELATIONSHIP TO PAYMENT

19 PROHIBITION FOR INMATES.—No provision 

20 of this paragraph may be construed to per21 mit payment for care or services for which 

22 payment is excluded under subparagraph 

23 (A) following paragraph (29) of section 

24 1905(a). 


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1 ‘‘(C) TREATMENT OF CONTINUOUS ELIGI2 BILITY.— 

3 ‘‘(i) SUSPENSION FOR INMATES.—Any 

4 period of continuous eligibility under this 

5 title shall be suspended on the date an in6 dividual enrolled under this title becomes 

7 an inmate of a public institution (except as 

8 a patient of a medical institution). 

9 ‘‘(ii) DETERMINATION OF REMAINING

10 PERIOD.—Notwithstanding any changes to 

11 State law related to continuous eligibility 

12 during the time that an individual is an in13 mate of a public institution (except as a 

14 patient of a medical institution), subject to 

15 clause (iii), with respect to an eligible indi16 vidual who was subject to a suspension 

17 under subclause (I), on the date that such 

18 individual is released from a public institu19 tion the suspension of continuous eligibility 

20 under such subclause shall be lifted for a 

21 period that is equal to the time remaining 

22 in the period of continuous eligibility for 

23 such individual on the date that such pe24 riod was suspended under such subclause. 


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1 ‘‘(iii) EXCEPTION.—If a State makes 

2 a determination that an individual is not 

3 eligible to be enrolled under the State 

4 plan— 

5 ‘‘(I) on or before the date that 

6 the suspension of continuous eligibility 

7 is lifted under clause (ii), such clause 

8 shall not apply to such individual; or 

9 ‘‘(II) after such date, the State 

10 may terminate the enrollment of such 

11 individual. 

12 ‘‘(D) AUTOMATIC ENROLLMENT OR REIN13 STATEMENT OF ENROLLMENT DEFINED.—For 

14 purposes of this paragraph, the term ‘automatic 

15 enrollment or reinstatement of enrollment’ 

16 means that the State determines eligibility for 

17 medical assistance under the State plan without 

18 a program application from, or on behalf of, the 

19 eligible individual, but an individual may only 

20 be automatically enrolled in the State Medicaid 

21 plan if the individual affirmatively consents to 

22 being enrolled through affirmation in writing, 

23 by telephone, orally, through electronic signa24 ture, or through any other means specified by 

25 the Secretary. 


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1 ‘‘(E) ELIGIBLE INDIVIDUAL DEFINED.— 

2 For purposes of this paragraph, the term ‘eligi3 ble individual’ means an individual who is an 

4 inmate of a public institution (except as a pa5 tient in a medical institution)— 

6 ‘‘(i) who was enrolled under the State 

7 plan for medical assistance immediately be8 fore becoming an inmate of such an insti9 tution; or 

10 ‘‘(ii) is diagnosed with human im11 munodeficiency virus.’’. 

12 (b) SUPPLEMENTAL FUNDING FOR STATE IMPLE13 MENTATION OF AUTOMATIC REINSTATEMENT OF MED14 ICAID BENEFITS.— 

15 (1) IN GENERAL.—Subject to paragraph (6), 

16 for each State for which the Secretary of Health and 

17 Human Services has approved an application under 

18 paragraph (3), the Federal matching payments (in19 cluding payments based on the Federal medical as20 sistance percentage) made to such State under sec21 tion 1903 of the Social Security Act (42 U.S.C. 

22 1396b) shall be increased by 5 percentage points for 

23 payments to the State for the activities permitted 

24 under paragraph (2) for a period of one year. 


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1 (2) USE OF FUNDS.—A State may only use in2 creased matching payments authorized under para3 graph (1)— 

4 (A) to strengthen the State’s enrollment 

5 and administrative resources for the purpose of 

6 improving processes for enrolling (or reinstating 

7 the enrollment of) eligible individuals (as such 

8 term is defined in section 1902(e)(15)(E) of the 

9 Social Security Act, as added by subsection 

10 (a)); and 

11 (B) for medical assistance (as such term is 

12 defined in section 1905(a) of the Social Secu13 rity Act (42 U.S.C. 1396d(a))) provided to such 

14 eligible individuals. 

15 (3) APPLICATION AND AGREEMENT.—The Sec16 retary may only make payments to a State in the in17 creased amount if— 

18 (A) the State has amended the State plan 

19 under section 1902 of the Social Security Act 

20 to incorporate the requirements of subsection 

21 (e)(15) of such section, as so added; 

22 (B) the State has submitted an application 

23 to the Secretary that includes a plan for imple24 menting such requirements under the State’s 

25 amended State plan before the end of the 90- 


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1 day period beginning on the date that the State 

2 receives increased matching payments under 

3 paragraph (1); 

4 (C) the State’s application meets the satis5 faction of the Secretary; and 

6 (D) the State enters an agreement with 

7 the Secretary that states that— 

8 (i) the State will only use the in9 creased matching funds for the uses per10 mitted under paragraph (2); and 

11 (ii) at the end of the period under 

12 paragraph (1), the State will submit to the 

13 Secretary, and make publicly available, a 

14 report that contains the information re15 quired under paragraph (4). 

16 (4) REQUIRED REPORT INFORMATION.—The in17 formation that is required in the report under para18 graph (3)(D)(ii) includes— 

19 (A) the results of an evaluation of the im20 pact of the implementation of the requirements 

21 of section 1902(e)(15) of the Social Security 

22 Act on improving the State’s processes for en23 rolling of individuals who are released for public 

24 institutions into the Medicaid program; 


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1 (B) the number of individuals who were 

2 automatically enrolled (or whose enrollment is 

3 reinstated) under such section during the period 

4 under paragraph (1); and 

5 (C) any other information that is required 

6 by the Secretary. 

7 (5) INCREASE IN CAP ON MEDICAID PAYMENTS

8 TO TERRITORIES.—Subject to paragraph (6), the 

9 amounts otherwise determined for Puerto Rico, the 

10 United States Virgin Islands, Guam, the Northern 

11 Mariana Islands, and American Samoa under sub12 sections (f) and (g) of section 1108 of the Social Se13 curity Act (42 U.S.C. 1308) shall each be increased 

14 by the necessary amount to allow for the increase in 

15 the Federal matching payments under paragraph 

16 (1), but only for the period under such paragraph 

17 for such State. In the case of such an increase for 

18 a territory, subsection (a)(1) of such section 1108 

19 shall be applied without regard to any increase in 

20 payment made to the territory under part E of title 

21 IV of such Act that is attributable to the increase 

22 in Federal medical assistance percentage effected 

23 under paragraph (1) for the territory. 

24 (6) LIMITATIONS.— 


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1 (A) TIMING.—With respect to a State, at 

2 the end of the period under paragraph (1), no 

3 increased matching payments may be made to 

4 such State under this subsection. 

5 (B) MAINTENANCE OF ELIGIBILITY.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), a State is not eligible for an increase 

8 in its Federal matching payments under 

9 paragraph (1), or an increase in an 

10 amount under paragraph (5), if eligibility 

11 standards, methodologies, or procedures 

12 under its State plan under title XIX of the 

13 Social Security Act (including any waiver 

14 under such title or under section 1115 of 

15 such Act (42 U.S.C. 1315)) are more re16 strictive than the eligibility standards, 

17 methodologies, or procedures, respectively, 

18 under such plan (or waiver) as in effect on 

19 the date of enactment of this Act. 

20 (ii) STATE REINSTATEMENT OF ELIGI21 BILITY PERMITTED.—A State that has re22 stricted eligibility standards, methodolo23 gies, or procedures under its State plan 

24 under title XIX of the Social Security Act 

25 (including any waiver under such title or 


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1 under section 1115 of such Act (42 U.S.C. 

2 1315)) after the date of the enactment of 

3 this Act, is no longer ineligible under 

4 clause (i) beginning with the first calendar 

5 quarter in which the State has reinstated 

6 eligibility standards, methodologies, or pro7 cedures that are no more restrictive than 

8 the eligibility standards, methodologies, or 

9 procedures, respectively, under such plan 

10 (or waiver) as in effect on such date. 

11 (C) NO WAIVER AUTHORITY.—The Sec12 retary may not waive the application of this 

13 subsection under section 1115 of the Social Se14 curity Act or otherwise. 

15 (D) LIMITATION OF MATCHING PAYMENTS

16 TO 100 PERCENT.—In no case shall an increase 

17 in Federal matching payments under this sub18 section result in Federal matching payments 

19 that exceed 100 percent. 

20 (7) STATE DEFINED.—In this subsection, the 

21 term ‘‘State’’ has the meaning given such term for 

22 purposes of title XIX of the Social Security Act. 

23 (c) EFFECTIVE DATE.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the amendments made by subsection (a) 


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1 shall take effect 180 days after the date of the en2 actment of this Act and shall apply to services fur3 nished on or after such date. 

4 (2) RULE FOR CHANGES REQUIRING STATE

5 LEGISLATION.—In the case of a State plan for med6 ical assistance under title XIX of the Social Security 

7 Act which the Secretary of Health and Human Serv8 ices determines requires State legislation (other than 

9 legislation appropriating funds) in order for the plan 

10 to meet the additional requirements imposed by the 

11 amendments made by this subsection, the State plan 

12 shall not be regarded as failing to comply with the 

13 requirements of such title solely on the basis of its 

14 failure to meet these additional requirements before 

15 the first day of the first calendar quarter beginning 

16 after the close of the first regular session of the 

17 State legislature that begins after the date of the en18 actment of this Act. For purposes of the previous 

19 sentence, in the case of a State that has a 2-year 

20 legislative session, each year of such session shall be 

21 deemed to be a separate regular session of the State 

22 legislature. 


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1 SEC. 7. SURVEY OF AND REPORT ON CORRECTIONAL AND 

2 IMMIGRATION DETENTION FACILITY PRO3 GRAMS AIMED AT REDUCING THE SPREAD OF 

4 STIS. 

5 (a) SURVEY.—The Attorney General and the Sec6 retary of Homeland Security, after consulting with the 

7 Secretary of Health and Human Services, State officials, 

8 and community organizations, shall, to the maximum ex9 tent practicable, conduct a survey of all Federal and State 

10 correctional facilities and immigration detention facilities, 

11 no later than 180 days after the date of enactment of this 

12 Act and annually thereafter for 5 years, to determine the 

13 following: 

14 (1) PREVENTION EDUCATION OFFERED.—The 

15 type of prevention education, information, or train16 ing offered to incarcerated persons and detainees 

17 and staff of correctional and immigration detention 

18 facilities regarding sexual violence and the spread of 

19 STIs, including whether such education, informa20 tion, or training— 

21 (A) constitutes comprehensive sex edu22 cation; 

23 (B) is compulsory for new incarcerated 

24 persons and detainees and for new staff; and 

25 (C) is offered on an ongoing basis. 


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1 (2) ACCESS TO SEXUAL BARRIER PROTECTION

2 DEVICES.—Whether incarcerated persons and de3 tainees can— 

4 (A) possess sexual barrier protection de5 vices; 

6 (B) purchase sexual barrier protection de7 vices; 

8 (C) purchase sexual barrier protection de9 vices at a reduced cost; and 

10 (D) obtain sexual barrier protection devices 

11 without cost. 

12 (3) INCIDENCE OF SEXUAL VIOLENCE.—The in13 cidence of sexual violence and assault committed by 

14 incarcerated persons and detainees, and by staff of 

15 correctional and immigration detention facilities. 

16 (4) COUNSELING, TREATMENT, AND SUP17 PORTIVE SERVICES.—Whether the correctional or 

18 immigration detention facility requires incarcerated 

19 persons and detainees to participate in counseling, 

20 treatment, and supportive services related to STIs, 

21 or whether it offers such programs to incarcerated 

22 persons and detainees. 

23 (5) STI TESTING.—Whether the correctional or 

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1 sons and detainees for STIs or gives them the option 

2 to undergo such testing— 

3 (A) at intake; 

4 (B) on a regular basis; and 

5 (C) prior to release. 

6 (6) STI TEST RESULTS.—The number of incar7 cerated persons and detainees who are tested for 

8 STIs and the outcome of such tests at each correc9 tional or immigration detention facility, disaggregat10 ed to include results for— 

11 (A) the type of sexually transmitted infec12 tion tested for; 

13 (B) the race and ethnicity of individuals 

14 tested; 

15 (C) the age of individuals tested; and 

16 (D) the gender of individuals tested. 

17 (7) PRE-RELEASE REFERRAL POLICY.—Wheth18 er incarcerated persons and detainees are informed 

19 prior to release about STI-related services or other 

20 health services in their communities, including free 

21 and low-cost counseling and treatment options. 

22 (8) PRE-RELEASE REFERRALS MADE.—The 

23 number of referrals to community-based organiza24 tions or public health facilities offering STI-related 

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1 sons and detainees prior to release, and the type of 

2 counseling or treatment for which the referral was 

3 made. 

4 (9) REINSTATEMENT OF MEDICAID BENE5 FITS.—Whether the correctional facility assists in6 carcerated persons that were enrolled in the State 

7 Medicaid program prior to their incarceration, in re8 instating their enrollment upon release and whether 

9 such individuals receive referrals as provided by 

10 paragraph (8) to entities that accept the State Med11 icaid program, including if applicable— 

12 (A) the number of such individuals, includ13 ing those diagnosed with the human immuno14 deficiency virus, that have been reinstated; 

15 (B) a list of obstacles to reinstating enroll16 ment or to making determinations of eligibility 

17 for reinstatement, if any; and 

18 (C) the number of individuals denied en19 rollment. 

20 (10) OTHER ACTIONS TAKEN.—Whether the 

21 correctional or immigration detention facility has 

22 taken any other action, in conjunction with commu23 nity organizations or otherwise, to reduce the preva24 lence and spread of STIs in that facility. 


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1 (b) PRIVACY.—In conducting the survey under sub2 section (a), the Attorney General and the Secretary of 

3 Homeland Security shall not request or retain the identity 

4 of any person who has sought or been offered counseling, 

5 treatment, testing, or prevention education information re6 garding an STI (including information about sexual bar7 rier protection devices), or who has tested positive for an 

8 STI. 

9 (c) REPORT.—The Attorney General and the Sec10 retary of Homeland Security shall transmit to Congress 

11 and make publicly available the results of the survey re12 quired under subsection (a), both for the Nation as a 

13 whole and disaggregated as to each State and each correc14 tional facility or immigration detention facility. To the 

15 maximum extent possible, the Attorney General and the 

16 Secretary of Homeland Security shall issue the first report 

17 no later than 1 year after the date of enactment of this 

18 Act and shall issue reports annually thereafter for 5 years. 

19 SEC. 8. STRATEGY. 

20 (a) DIRECTIVE TO ATTORNEY GENERAL.—The At21 torney General, in consultation with the Secretary of 

22 Health and Human Services, State officials, and commu23 nity organizations, shall develop and implement a 5-year 

24 strategy to reduce the prevalence and spread of STIs in 

25 Federal and State correctional facilities. To the maximum 


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1 extent possible, the strategy shall be developed, trans2 mitted to Congress, and made publicly available no later 

3 than 180 days after the transmission of the first report 

4 required under section 7(c) of this Act. 

5 (b) CONTENTS OF STRATEGY.—The strategy shall in6 clude the following: 

7 (1) PREVENTION EDUCATION.—A plan for im8 proving prevention education, information, and 

9 training offered to incarcerated persons and correc10 tional facility staff, including information and train11 ing on sexual violence and the spread of STIs, and 

12 comprehensive sex education. 

13 (2) SEXUAL BARRIER PROTECTION DEVICE AC14 CESS.—A plan for expanding access to sexual barrier 

15 protection devices in correctional facilities. 

16 (3) SEXUAL VIOLENCE REDUCTION.—A plan 

17 for reducing the incidence of sexual violence among 

18 incarcerated persons and correctional facility staff, 

19 developed in consultation with the National Prison 

20 Rape Elimination Commission. 

21 (4) COUNSELING AND SUPPORTIVE SERVICES.— 

22 A plan for expanding access to counseling and sup23 portive services related to STIs in correctional facili24 ties. 


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1 (5) TESTING.—A plan for testing incarcerated 

2 persons for STIs during intake, during regular 

3 health exams, and prior to release, and that— 

4 (A) is conducted in accordance with guide5 lines established by the Centers for Disease 

6 Control and Prevention; 

7 (B) includes pretest counseling; 

8 (C) requires that incarcerated persons are 

9 notified of their option to decline testing at any 

10 time; 

11 (D) requires that incarcerated persons are 

12 confidentially notified of their test results in a 

13 timely manner; and 

14 (E) ensures that incarcerated persons test15 ing positive for STIs receive posttest coun16 seling, care, treatment, and supportive services. 

17 (6) TREATMENT.—A plan for ensuring that 

18 correctional facilities have the necessary medicine 

19 and equipment to treat and monitor STIs and for 

20 ensuring that incarcerated persons living with or 

21 testing positive for STIs receive and have access to 

22 care and treatment services. 

23 (7) STRATEGIES FOR DEMOGRAPHIC GROUPS.— 

24 A plan for developing and implementing culturally 

25 appropriate, sensitive, and specific strategies to reVerDate Mar 15 2010 02:38 Jul 04, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2599.IH H2599

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1 duce the spread of STIs among demographic groups 

2 heavily impacted by STIs. 

3 (8) DISCHARGE AND RETURN TO SOCIETY.—A 

4 plan to improve pre-release discharge planning for 

5 inmates, especially those with HIV/AIDS, to access 

6 essential services. 

7 (9) LINKAGES WITH COMMUNITIES AND FACILI8 TIES.—A plan for establishing and strengthening 

9 linkages to local communities and health facilities 

10 that— 

11 (A) provide counseling, testing, care, and 

12 treatment services; 

13 (B) may receive persons recently released 

14 from incarceration who are living with STIs; 

15 and 

16 (C) accept payment through the State 

17 Medicaid program. 

18 (10) ENROLLMENT IN STATE MEDICAID PRO19 GRAMS.—Plans to ensure that incarcerated persons 

20 who were— 

21 (A) enrolled in their State Medicaid pro22 gram prior to incarceration in a correctional fa23 cility are automatically re-enrolled in such pro24 gram upon their release; and 


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1 (B) not enrolled in their State Medicaid 

2 program prior to incarceration, but who are di3 agnosed with the human immunodeficiency 

4 virus while incarcerated in a correctional facil5 ity, are automatically enrolled in such program 

6 upon their release. 

7 (11) OTHER PLANS.—Any other plans devel8 oped by the Attorney General for reducing the 

9 spread of STIs or improving the quality of health 

10 care in correctional facilities. 

11 (12) MONITORING SYSTEM.—A monitoring sys12 tem that establishes performance goals related to re13 ducing the prevalence and spread of STIs in correc14 tional facilities and which, where feasible, expresses 

15 such goals in quantifiable form. 

16 (13) MONITORING SYSTEM PERFORMANCE INDI17 CATORS.—Performance indicators that measure or 

18 assess the achievement of the performance goals de19 scribed in paragraph (12). 

20 (14) COST ESTIMATE.—A detailed estimate of 

21 the funding necessary to implement the strategy at 

22 the Federal and State levels for all 5 years, includ23 ing the amount of funds required by community or24 ganizations to implement the parts of the strategy in 

25 which they take part. 


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1 (c) REPORT.—The Attorney General shall transmit 

2 to Congress and make publicly available an annual 

3 progress report regarding the implementation and effec4 tiveness of the strategy described in subsection (a). The 

5 progress report shall include an evaluation of the imple6 mentation of the strategy using the monitoring system and 

7 performance indicators provided for in paragraphs (12) 

8 and (13) of subsection (b). 

9 SEC. 9. ELIGIBILITY OF PERSONS DISCHARGED FROM COR10 RECTIONAL FACILITIES FOR MCKINNEY11 VENTO ACT HOUSING ASSISTANCE. 

12 Section 401 of the McKinney-Vento Homeless Assist13 ance Act (42 U.S.C. 11360) is amended— 

14 (1) by redesignating paragraphs (9) through 

15 (33) as paragraphs (10) through (34), respectively; 

16 and 

17 (2) by inserting after paragraph (8) the fol18 lowing new paragraph: 

19 ‘‘(9) HOMELESS.—Notwithstanding section 

20 103(d), the terms ‘homeless’, ‘homeless individual’, 

21 and ‘homeless person’ include an individual who— 

22 ‘‘(A) is being released from any prison, 

23 penitentiary, adult detention facility, juvenile 

24 detention facility, jail, or other facility to which 

25 persons may be sent after conviction of a crime 


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1 or act of juvenile delinquency within any State; 

2 and 

3 ‘‘(B) has been diagnosed with any sexually 

4 transmitted infection (as such term is defined 

5 in section 10 of the JUSTICE Act).’’. 

6 SEC. 10. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) COMMUNITY ORGANIZATION.—The term 

9 ‘‘community organization’’ means a public health 

10 care facility or a nonprofit organization which pro11 vides health- or STI-related services according to es12 tablished public health standards. 

13 (2) COMPREHENSIVE SEX EDUCATION.—The 

14 term ‘‘comprehensive sex education’’ means a pro15 gram that— 

16 (A) includes age- and developmentally ap17 propriate, culturally and linguistically relevant 

18 information on a broad set of topics related to 

19 sexuality including human development, rela20 tionships, decisionmaking, communication, ab21 stinence, contraception, and disease and preg22 nancy prevention; 

23 (B) provides students with opportunities 

24 for developing skills as well as learning informa25 tion; 


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1 (C) is inclusive of lesbian, gay, bisexual, 

2 transgender, and heterosexual young people; 

3 and 

4 (D) aims to— 

5 (i) provide scientifically accurate and 

6 realistic information about human sexu7 ality; 

8 (ii) provide opportunities for individ9 uals to understand their own, their fami10 lies’, and their communities’ values, atti11 tudes, and insights about sexuality; 

12 (iii) help individuals develop healthy 

13 relationships and interpersonal skills; and 

14 (iv) help individuals exercise responsi15 bility regarding sexual relationships, which 

16 includes addressing abstinence, pressures 

17 to become prematurely involved in sexual 

18 intercourse, and the use of contraception 

19 and other sexual health measures. 

20 (3) CORRECTIONAL FACILITY.—The term ‘‘cor21 rectional facility’’ means any prison, penitentiary, 

22 adult detention facility, juvenile detention facility, 

23 jail, or other facility to which persons may be sent 

24 after conviction of a crime or act of juvenile delin25 quency within the United States. 


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1 (4) DETAINEE.—The term ‘‘detainee’’ means 

2 any person held by the Department of Homeland Se3 curity whether in criminal or civil confinement. 

4 (5) IMMIGRATION DETENTION FACILITY.—The 

5 term ‘‘immigration detention facility’’ means a con6 finement facility operated by or pursuant to contract 

7 with U.S. Immigration and Customs Enforcement 

8 (ICE) that routinely holds persons pending resolu9 tion or completion of immigration removal oper10 ations or processes, including facilities that are oper11 ated by ICE, facilities that provide detention services 

12 under a contract awarded by ICE, or facilities used 

13 by ICE pursuant to an Intergovernmental Service 

14 Agreement. 

15 (6) INCARCERATED PERSON.—The term ‘‘incar16 cerated person’’ means any person who is serving a 

17 sentence in a correctional facility after conviction of 

18 a crime. 

19 (7) SEXUALLY TRANSMITTED INFECTION.—The 

20 term ‘‘sexually transmitted infection’’ or ‘‘STI’’ 

21 means any disease or infection that is commonly 

22 transmitted through sexual activity, including HIV/ 

23 AIDS, gonorrhea, chlamydia, syphilis, genital her24 pes, viral hepatitis, and human papillomavirus. 


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1 (8) SEXUAL BARRIER PROTECTION DEVICE.— 

2 The term ‘‘sexual barrier protection device’’— 

3 (A) means any Food and Drug Adminis4 tration-approved physical device which has not 

5 been tampered with and which reduces the 

6 probability of STI transmission or infection be7 tween sexual partners, including female 

8 condoms, male condoms, and dental dams; and 

9 (B) includes water-based lubricants that 

10 have been shown to reduce the probability of 

11 condom breakage. 

12 (9) STATE.—The term ‘‘State’’ includes the 

13 District of Columbia, American Samoa, the Com14 monwealth of the Northern Mariana Islands, Guam, 

15 Puerto Rico, and the United States Virgin Islands. 

16 SEC. 11. APPROPRIATIONS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated such sums as may be necessary to carry out this 

19 Act for each of the fiscal years 2014 through 2020. 

20 (b) AVAILABILITY OF FUNDS.—Amounts made avail21 able under subsection (a) are authorized to remain avail22 able until expended. 

Æ 


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