I 

110TH CONGRESS 

1ST SESSION H. R. 2554 

To amend title 18 of the United States Code to require HIV testing of 

Federal prisoners about to be released, to direct the Attorney General 

of the United States and the Secretary of Health and Human Services 

to provide HIV/AIDS treatment for recently released Federal prisoners, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2007 

Ms. WATSON introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and 

Commerce, 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 amend title 18 of the United States Code to require 

HIV testing of Federal prisoners about to be released, 

to direct the Attorney General of the United States and 

the Secretary of Health and Human Services to provide 

HIV/AIDS treatment for recently released Federal prisoners, 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, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘After Care Act of 

3 2007’’. 

4 SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS 

5 ABOUT TO BE RELEASED. 

6 Section 4014(a) of title 18, United States Code, is 

7 amended by adding at the end the following: ‘‘The Attor8 ney General shall cause each individual about to be re9 leased from a sentence of imprisonment for a Federal of10 fense, other than those who have already tested positive 

11 for the human immunodeficiency virus, to be tested for 

12 the presence of that virus. If an individual is determined 

13 under the preceding sentence to test positive for the pres14 ence of the human immunodeficiency virus, the Attorney 

15 General shall inform the individual, prior to the individ16 ual’s release, that the individual has tested positive for 

17 such virus and has an obligation to accept treatment 

18 through the program under section 4 of the After Care 

19 Act of 2007.’’. 

20 SEC. 3. CONDITIONS OF SUPERVISED RELEASE. 

21 Section 3583(d) of title 18, United States Code, is 

22 amended by inserting after the 4th sentence the following: 

23 ‘‘The court shall order, as explicit conditions of supervised 

24 release, that the defendant accept treatment through the 

25 program under section 4 of the After Care Act of 2007 

26 and provide notice to any prospective sexual partner that 

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1 the defendant has tested positive for the presence of the 

2 human immunodeficiency virus before engaging in any sex 

3 act with such partner, if the Attorney General informs the 

4 defendant before the defendant’s release from prison that 

5 the defendant has tested positive for the presence of the 

6 human immunodeficiency virus and it will be the obliga7 tion of the defendant to accept such treatment and provide 

8 such notice.’’. 

9 SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY 

10 RELEASED FEDERAL PRISONERS. 

11 (a) ESTABLISHMENT.—The Attorney General of the 

12 United States and the Secretary of Health and Human 

13 Services, acting jointly, shall establish and maintain a pro14 gram to provide to each eligible individual treatment for 

15 HIV/AIDS throughout the treatment period. 

16 (b) CONSULTATION.—In carrying out this section, 

17 the Attorney General of the United States and the Sec18 retary of Health and Human Services shall consult with 

19 the Director of the Centers for Disease Control and Pre20 vention, the Administrator of the Health Resources and 

21 Services Administration, and the Administrator of the 

22 Centers for Medicare & Medicaid Services. 

23 (c) PROGRAM REQUIREMENTS.—The program estab24 lished under subsection (a) shall provide for the following: 

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1 (1) Each eligible individual shall be provided 

2 with treatment for HIV/AIDS throughout the treat3 ment period. 

4 (2) Prior to the eligible individual’s release by 

5 the Bureau of Prisons, a culturally competent health 

6 care provider shall be assigned to the individual— 

7 (A) to formulate a medical discharge plan 

8 for the individual; and 

9 (B) to continue to provide support services 

10 to the individual throughout the treatment pe11 riod. 

12 (3) A discharge plan under paragraph (2)(A) 

13 shall include— 

14 (A) completion of the procedural require15 ments necessary to establish eligibility for bene16 fits under government programs, such as Med17 icaid, in sufficient time so that such eligibility 

18 has been established prior to release; 

19 (B) provision of government-issued identi20 fication; and 

21 (C) provision to the eligible individual and 

22 to the health care provider assigned to the indi23 vidual under paragraph (2) of copies of all med24 ical documents relating to the individual’s treatmstockstill on PROD1PC71 with BILLS

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1 ment while incarcerated, including copies of 

2 prescriptions. 

3 (4) Prior to the eligible individual’s release by 

4 the Bureau of Prisons— 

5 (A) a determination shall be made as to 

6 whether the individual will be homeless upon re7 lease; and 

8 (B) if the individual would otherwise be 

9 homeless upon release, arrangements shall be 

10 made for safe and appropriate housing for the 

11 individual. 

12 (5) Prior to the eligible individual’s release by 

13 the Bureau of Prisons, the health care provider as14 signed to the individual under paragraph (2) shall 

15 schedule a medical appointment for the individual. 

16 (6) Prior to the eligible individual’s release by 

17 the Bureau of Prisons— 

18 (A) the individual shall be provided with a 

19 one to two week supply of medications for treat20 ment for HIV/AIDS; and 

21 (B) to minimize the risk of such medica22 tions being resold— 

23 (i) if the individual is receiving pain 

24 medication while incarcerated, the indi25 vidual shall be tested to determine whether 

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1 the individual has been taking or selling 

2 the medication; and 

3 (ii) the medications provided under 

4 subparagraph (A) shall be provided in a 

5 form, such as open boxes, that is more dif6 ficult to sell. 

7 (7) At the point of the eligible individual’s re8 lease by the Bureau of Prisons, the individual— 

9 (A) shall be met and escorted to the serv10 ices necessary for treatment for HIV/AIDS; and 

11 (B) shall be provided with any appropriate 

12 emergency assistance, such as appropriate 

13 clothing. 

14 (8) During the treatment period— 

15 (A) the eligible individual shall be provided 

16 with a contact for his or her first medical ap17 pointment and, if necessary, arrangements shall 

18 be made for subsequent appointments; 

19 (B) the individual shall be provided with 

20 treatment adherence services to help the indi21 vidual understand and adhere to the applicable 

22 medical regimen; 

23 (C) the individual shall be provided, as de24 termined necessary, with access to substance 

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1 abuse treatment and to mental health services; 

2 and 

3 (D) a skilled and culturally competent case 

4 manager and counselor shall be assigned to 

5 work with the individual to ensure that needed 

6 support services are obtained, medical appoint7 ments are kept, and the individual is supported 

8 through the difficult transition from incarcer9 ation to the streets. 

10 (9) Before the end of the treatment period, the 

11 health care provider assigned to the eligible indi12 vidual under paragraph (2) shall arrange for the 

13 continuation of treatment for HIV/AIDS after such 

14 period. 

15 (d) DEFINITIONS.—In this section: 

16 (1) The term ‘‘eligible individual’’ means an in17 dividual who— 

18 (A) is released from a sentence of impris19 onment for a Federal offense; and 

20 (B) at the time of such release, tests posi21 tive for the presence of the human immuno22 deficiency virus. 

23 (2) The term ‘‘treatment for HIV/AIDS’’ 

24 means treatment for human immunodeficiency virus 

25 or acquired immune deficiency syndrome. Such 

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1 treatment includes health care (including the provi2 sion of medication), counseling, and education. 

3 (3) The term ‘‘treatment period’’ means the pe4 riod— 

5 (A) beginning on the date of the individ6 ual’s release by the Bureau of Prisons; and 

7 (B) ending on the date that is 2 years 

8 after such date of release. 

9 (e) APPLICABILITY.—This section applies only with 

10 respect to eligible individuals released on or after the dates 

11 that is 60 days after the date of the enactment of this 

12 Act. 

13 (f) FUNDING.—For fiscal year 2008 and each subse14 quent fiscal year, there shall be appropriated such sums 

15 as may be necessary to carry out this section. 

16 SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS 

17 MEDICATION. 

18 (a) PROHIBITION.—A person receiving HIV/AIDS 

19 medication, including antiretrovirals, through a Federal 

20 program shall not sell, or trade for any benefit, such medi21 cation. 

22 (b) ENFORCEMENT.—If a person violates subsection 

23 (a), the Federal official responsible for the program in24 volved shall prohibit the person from receiving any addimstockstill on PROD1PC71 with BILLS

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1 tional HIV/AIDS medication through such program, un2 less the person agrees to abide by the following: 

3 (1) The person will receive such medication only 

4 through a pharmacy that has been designated by the 

5 Secretary of Health and Human Services as a spe6 cialty HIV pharmacy. 

7 (2) The person will receive counseling to help 

8 him or her understand and adhere to the applicable 

9 medical regimen. 

10 (c) DESIGNATION OF SPECIALTY HIV PHAR11 MACIES.—For purposes of subsection (b)(1), the Secretary 

12 of Health and Human Services shall designate a pharmacy 

13 as a specialty HIV pharmacy if the pharmacy agrees to 

14 take such actions as may be determined necessary by the 

15 Secretary to prevent persons who receive HIV/AIDS medi16 cation from violating subsection (a). 

17 (d) DEFINITION.—In this section, the term ‘‘HIV/ 

18 AIDS medication’’ means medication to treat the person 

19 involved for human immunodeficiency virus, acquired im20 mune deficiency syndrome, or related symptoms. 

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