SEC. 4. AUTHORITY TO ALLOW COMMUNITY ORGANIZA-
TIONS TO PROVIDE STI COUNSELING, STI 
PREVENTION EDUCATION, AND SEXUAL BAR-
RIER PROTECTION DEVICES IN FEDERAL 
CORRECTIONAL FACILITIES. 
(a) DIRECTIVE TO ATTORNEY GENERAL.—Not later 
than 30 days after the date of enactment of this Act, the 
Attorney General shall direct the Bureau of Prisons to 
allow community organizations to distribute sexual barrier 
protection devices and to engage in STI counseling and 
STI prevention education in Federal correctional facilities. 
These activities shall be subject to all relevant Federal 
laws and regulations which govern visitation in correc-
tional facilities. 
(b) INFORMATION REQUIREMENT.—Any community 
organization permitted to distribute sexual barrier protec-
tion devices under subsection (a) must ensure that the 
persons to whom the devices are distributed are informed 
about the proper use and disposal of sexual barrier protec-
tion devices in accordance with established public health 
practices. Any community organization conducting STI 
counseling or STI prevention education under subsection 
(a) must offer comprehensive sex education. 
(c) POSSESSION OF DEVICE PROTECTED.—No Fed-
eral correctional facility may, because of the possession or 
use of a sexual barrier protection device— 
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(1) take adverse action against an incarcerated 
person; or 
(2) consider possession or use as evidence of 
prohibited activity for the purpose of any Federal 
correctional facility administrative proceeding. 
(d) IMPLEMENTATION.—The Attorney General and 
Bureau of Prisons shall implement this section according 
to established public health practices in a manner that 
protects the health, safety, and privacy of incarcerated 
persons and of correctional facility staff. 
SEC. 5. SENSE OF CONGRESS REGARDING DISTRIBUTION 
OF SEXUAL BARRIER PROTECTION DEVICES 
IN STATE PRISON SYSTEMS. 
It is the sense of Congress that States should allow 
for the legal distribution of sexual barrier protection de-
vices in State correctional facilities to reduce the preva-
lence and spread of STIs in those facilities. 
SEC. 6. AUTOMATIC ENROLLMENT OR REINSTATEMENT OF 
MEDICAID BENEFITS. 
(a) IN GENERAL.—Section 1902(e) of the Social Se-
curity Act (42 U.S.C. 1396a(e)) is amended— 
(1) by redesignating the paragraph (14) added 
by section 3(c) of Public Law 111–255 as paragraph 
(15); and 
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(2) by adding at the end the following new 
paragraph: 
‘‘(16) ENROLLMENT OF EX-OFFENDERS.— 
‘‘(A) AUTOMATIC ENROLLMENT OR REIN-
STATEMENT.— 
‘‘(i) IN
GENERAL.—The State plan 
shall provide for the automatic enrollment 
or reinstatement of enrollment of an eligi-
ble individual— 
‘‘(I) if such individual is sched-
uled to be released from a public insti-
tution due to the completion of sen-
tence, not less than 30 days prior to 
the scheduled date of the release; and 
‘‘(II) if such individual is to be 
released from a public institution on 
parole or on probation, as soon as 
possible after the date on which the 
determination to release such indi-
vidual was made, and before the date 
such individual is released. 
‘‘(ii) EXCEPTION.—If a State makes a 
determination that an individual is not eli-
gible to be enrolled under the State plan— 
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‘‘(I) on or before the date by 
which the individual would be enrolled 
under clause (i), such clause shall not 
apply to such individual; or 
‘‘(II) after such date, the State 
may terminate the enrollment of such 
individual. 
‘‘(B) RELATIONSHIP OF ENROLLMENT TO 
PAYMENT FOR SERVICES.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A)(ii), an eligible individual 
who is enrolled, or whose enrollment is re-
instated, under subparagraph (A) shall be 
eligible for medical assistance that is pro-
vided after the date that the eligible indi-
vidual is released from the public institu-
tion. 
‘‘(ii) RELATIONSHIP
TO
PAYMENT 
PROHIBITION FOR INMATES.—No provision 
of this paragraph may be construed to per-
mit payment for care or services for which 
payment is excluded under subparagraph 
(A) following paragraph (29) of section 
1905(a). 
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‘‘(C) TREATMENT OF CONTINUOUS ELIGI-
BILITY.— 
‘‘(i) SUSPENSION FOR INMATES.—Any 
period of continuous eligibility under this 
title shall be suspended on the date an in-
dividual enrolled under this title becomes 
an inmate of a public institution (except as 
a patient of a medical institution). 
‘‘(ii) DETERMINATION OF REMAINING 
PERIOD.—Notwithstanding any changes to 
State law related to continuous eligibility 
during the time that an individual is an in-
mate of a public institution (except as a 
patient of a medical institution), subject to 
clause (iii), with respect to an eligible indi-
vidual who was subject to a suspension 
under subclause (I), on the date that such 
individual is released from a public institu-
tion the suspension of continuous eligibility 
under such subclause shall be lifted for a 
period that is equal to the time remaining 
in the period of continuous eligibility for 
such individual on the date that such pe-
riod was suspended under such subclause. 
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‘‘(iii) EXCEPTION.—If a State makes 
a determination that an individual is not 
eligible to be enrolled under the State 
plan— 
‘‘(I) on or before the date that 
the suspension of continuous eligibility 
is lifted under clause (ii), such clause 
shall not apply to such individual; or 
‘‘(II) after such date, the State 
may terminate the enrollment of such 
individual. 
‘‘(D) AUTOMATIC ENROLLMENT OR REIN-
STATEMENT OF ENROLLMENT DEFINED.—For 
purposes of this paragraph, the term ‘automatic 
enrollment or reinstatement of enrollment’ 
means that the State determines eligibility for 
medical assistance under the State plan without 
a program application from, or on behalf of, the 
eligible individual, but an individual may only 
be automatically enrolled in the State Medicaid 
plan if the individual affirmatively consents to 
being enrolled through affirmation in writing, 
by telephone, orally, through electronic signa-
ture, or through any other means specified by 
the Secretary. 
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‘‘(E) ELIGIBLE
INDIVIDUAL
DEFINED.— 
For purposes of this paragraph, the term ‘eligi-
ble individual’ means an individual who is an 
inmate of a public institution (except as a pa-
tient in a medical institution)— 
‘‘(i) who was enrolled under the State 
plan for medical assistance immediately be-
fore becoming an inmate of such an insti-
tution; or 
‘‘(ii) is diagnosed with human im-
munodeficiency virus.’’. 
(b) SUPPLEMENTAL FUNDING FOR STATE IMPLE-
MENTATION OF AUTOMATIC REINSTATEMENT OF MED-
ICAID BENEFITS.— 
(1) IN GENERAL.—Subject to paragraph (6), 
for each State for which the Secretary of Health and 
Human Services has approved an application under 
paragraph (3), the Federal matching payments (in-
cluding payments based on the Federal medical as-
sistance percentage) made to such State under sec-
tion 1903 of the Social Security Act (42 U.S.C. 
1396b) shall be increased by 5 percentage points for 
payments to the State for the activities permitted 
under paragraph (2) for a period of one year. 
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(2) USE OF FUNDS.—A State may only use in-
creased matching payments authorized under para-
graph (1)— 
(A) to strengthen the State’s enrollment 
and administrative resources for the purpose of 
improving processes for enrolling (or reinstating 
the enrollment of) eligible individuals (as such 
term is defined in section 1902(e)(15)(E) of the 
Social Security Act, as added by subsection 
(a)); and 
(B) for medical assistance (as such term is 
defined in section 1905(a) of the Social Secu-
rity Act (42 U.S.C. 1396d(a))) provided to such 
eligible individuals. 
(3) APPLICATION AND AGREEMENT.—The Sec-
retary may only make payments to a State in the in-
creased amount if— 
(A) the State has amended the State plan 
under section 1902 of the Social Security Act 
to incorporate the requirements of subsection 
(e)(15) of such section, as so added; 
(B) the State has submitted an application 
to the Secretary that includes a plan for imple-
menting such requirements under the State’s 
amended State plan before the end of the 90- 
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day period beginning on the date that the State 
receives increased matching payments under 
paragraph (1); 
(C) the State’s application meets the satis-
faction of the Secretary; and 
(D) the State enters an agreement with 
the Secretary that states that— 
(i) the State will only use the in-
creased matching funds for the uses per-
mitted under paragraph (2); and 
(ii) at the end of the period under 
paragraph (1), the State will submit to the 
Secretary, and make publicly available, a 
report that contains the information re-
quired under paragraph (4). 
(4) REQUIRED REPORT INFORMATION.—The in-
formation that is required in the report under para-
graph (3)(D)(ii) includes— 
(A) the results of an evaluation of the im-
pact of the implementation of the requirements 
of section 1902(e)(15) of the Social Security 
Act on improving the State’s processes for en-
rolling of individuals who are released for public 
institutions into the Medicaid program; 
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(B) the number of individuals who were 
automatically enrolled (or whose enrollment is 
reinstated) under such section during the period 
under paragraph (1); and 
(C) any other information that is required 
by the Secretary. 
(5) INCREASE IN CAP ON MEDICAID PAYMENTS 
TO
TERRITORIES.—Subject to paragraph (6), the 
amounts otherwise determined for Puerto Rico, the 
United States Virgin Islands, Guam, the Northern 
Mariana Islands, and American Samoa under sub-
sections (f) and (g) of section 1108 of the Social Se-
curity Act (42 U.S.C. 1308) shall each be increased 
by the necessary amount to allow for the increase in 
the Federal matching payments under paragraph 
(1), but only for the period under such paragraph 
for such State. In the case of such an increase for 
a territory, subsection (a)(1) of such section 1108 
shall be applied without regard to any increase in 
payment made to the territory under part E of title 
IV of such Act that is attributable to the increase 
in Federal medical assistance percentage effected 
under paragraph (1) for the territory. 
(6) LIMITATIONS.— 
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(A) TIMING.—With respect to a State, at 
the end of the period under paragraph (1), no 
increased matching payments may be made to 
such State under this subsection. 
(B) MAINTENANCE OF ELIGIBILITY.— 
(i) IN
GENERAL.—Subject to clause 
(ii), a State is not eligible for an increase 
in its Federal matching payments under 
paragraph (1), or an increase in an 
amount under paragraph (5), if eligibility 
standards, methodologies, or procedures 
under its State plan under title XIX of the 
Social Security Act (including any waiver 
under such title or under section 1115 of 
such Act (42 U.S.C. 1315)) are more re-
strictive than the eligibility standards, 
methodologies, or procedures, respectively, 
under such plan (or waiver) as in effect on 
the date of enactment of this Act. 
(ii) STATE REINSTATEMENT OF ELIGI-
BILITY PERMITTED.—A State that has re-
stricted eligibility standards, methodolo-
gies, or procedures under its State plan 
under title XIX of the Social Security Act 
(including any waiver under such title or 
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under section 1115 of such Act (42 U.S.C. 
1315)) after the date of the enactment of 
this Act, is no longer ineligible under 
clause (i) beginning with the first calendar 
quarter in which the State has reinstated 
eligibility standards, methodologies, or pro-
cedures that are no more restrictive than 
the eligibility standards, methodologies, or 
procedures, respectively, under such plan 
(or waiver) as in effect on such date. 
(C) NO
WAIVER
AUTHORITY.—The Sec-
retary may not waive the application of this 
subsection under section 1115 of the Social Se-
curity Act or otherwise. 
(D) LIMITATION OF MATCHING PAYMENTS 
TO 100 PERCENT.—In no case shall an increase 
in Federal matching payments under this sub-
section result in Federal matching payments 
that exceed 100 percent. 
(7) STATE DEFINED.—In this subsection, the 
term ‘‘State’’ has the meaning given such term for 
purposes of title XIX of the Social Security Act. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
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shall take effect 180 days after the date of the en-
actment of this Act and shall apply to services fur-
nished on or after such date. 
(2) RULE
FOR
CHANGES
REQUIRING
STATE 
LEGISLATION.—In the case of a State plan for med-
ical assistance under title XIX of the Social Security 
Act which the Secretary of Health and Human Serv-
ices determines requires State legislation (other than 
legislation appropriating funds) in order for the plan 
to meet the additional requirements imposed by the 
amendments made by this subsection, the State plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet these additional requirements 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 en-
actment of this Act. For purposes of the previous 
sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be 
deemed to be a separate regular session of the State 
legislature. 
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SEC. 7. SURVEY OF AND REPORT ON CORRECTIONAL AND 
IMMIGRATION DETENTION FACILITY PRO-
GRAMS AIMED AT REDUCING THE SPREAD OF 
STIS. 
(a) SURVEY.—The Attorney General and the Sec-
retary of Homeland Security, after consulting with the 
Secretary of Health and Human Services, State officials, 
and community organizations, shall, to the maximum ex-
tent practicable, conduct a survey of all Federal and State 
correctional facilities and immigration detention facilities, 
no later than 180 days after the date of enactment of this 
Act and annually thereafter for 5 years, to determine the 
following: 
(1) PREVENTION EDUCATION OFFERED.—The 
type of prevention education, information, or train-
ing offered to incarcerated persons and detainees 
and staff of correctional and immigration detention 
facilities regarding sexual violence and the spread of 
STIs, including whether such education, informa-
tion, or training— 
(A) constitutes comprehensive sex edu-
cation; 
(B) is compulsory for new incarcerated 
persons and detainees and for new staff; and 
(C) is offered on an ongoing basis. 
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(2) ACCESS TO SEXUAL BARRIER PROTECTION 
DEVICES.—Whether incarcerated persons and de-
tainees can— 
(A) possess sexual barrier protection de-
vices; 
(B) purchase sexual barrier protection de-
vices; 
(C) purchase sexual barrier protection de-
vices at a reduced cost; and 
(D) obtain sexual barrier protection devices 
without cost. 
(3) INCIDENCE OF SEXUAL VIOLENCE.—The in-
cidence of sexual violence and assault committed by 
incarcerated persons and detainees, and by staff of 
correctional and immigration detention facilities. 
(4) COUNSELING, 
TREATMENT, 
AND
SUP-
PORTIVE
SERVICES.—Whether the correctional or 
immigration detention facility requires incarcerated 
persons and detainees to participate in counseling, 
treatment, and supportive services related to STIs, 
or whether it offers such programs to incarcerated 
persons and detainees. 
(5) STI TESTING.—Whether the correctional or 
immigration detention facility tests incarcerated per-
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sons and detainees for STIs or gives them the option 
to undergo such testing— 
(A) at intake; 
(B) on a regular basis; and 
(C) prior to release. 
(6) STI TEST RESULTS.—The number of incar-
cerated persons and detainees who are tested for 
STIs and the outcome of such tests at each correc-
tional or immigration detention facility, disaggregat-
ed to include results for— 
(A) the type of sexually transmitted infec-
tion tested for; 
(B) the race and ethnicity of individuals 
tested; 
(C) the age of individuals tested; and 
(D) the gender of individuals tested. 
(7) PRE-RELEASE REFERRAL POLICY.—Wheth-
er incarcerated persons and detainees are informed 
prior to release about STI-related services or other 
health services in their communities, including free 
and low-cost counseling and treatment options. 
(8) PRE-RELEASE
REFERRALS
MADE.—The 
number of referrals to community-based organiza-
tions or public health facilities offering STI-related 
or other health services provided to incarcerated per-
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sons and detainees prior to release, and the type of 
counseling or treatment for which the referral was 
made. 
(9) REINSTATEMENT
OF
MEDICAID
BENE-
FITS.—Whether the correctional facility assists in-
carcerated persons that were enrolled in the State 
Medicaid program prior to their incarceration, in re-
instating their enrollment upon release and whether 
such individuals receive referrals as provided by 
paragraph (8) to entities that accept the State Med-
icaid program, including if applicable— 
(A) the number of such individuals, includ-
ing those diagnosed with the human immuno-
deficiency virus, that have been reinstated; 
(B) a list of obstacles to reinstating enroll-
ment or to making determinations of eligibility 
for reinstatement, if any; and 
(C) the number of individuals denied en-
rollment. 
(10) OTHER
ACTIONS
TAKEN.—Whether the 
correctional or immigration detention facility has 
taken any other action, in conjunction with commu-
nity organizations or otherwise, to reduce the preva-
lence and spread of STIs in that facility. 
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(b) PRIVACY.—In conducting the survey under sub-
section (a), the Attorney General and the Secretary of 
Homeland Security shall not request or retain the identity 
of any person who has sought or been offered counseling, 
treatment, testing, or prevention education information re-
garding an STI (including information about sexual bar-
rier protection devices), or who has tested positive for an 
STI. 
(c) REPORT.—The Attorney General and the Sec-
retary of Homeland Security shall transmit to Congress 
and make publicly available the results of the survey re-
quired under subsection (a), both for the Nation as a 
whole and disaggregated as to each State and each correc-
tional facility or immigration detention facility. To the 
maximum extent possible, the Attorney General and the 
Secretary of Homeland Security shall issue the first report 
no later than 1 year after the date of enactment of this 
Act and shall issue reports annually thereafter for 5 years. 
SEC. 8. STRATEGY. 
(a) DIRECTIVE TO ATTORNEY GENERAL.—The At-
torney General, in consultation with the Secretary of 
Health and Human Services, State officials, and commu-
nity organizations, shall develop and implement a 5-year 
strategy to reduce the prevalence and spread of STIs in 
Federal and State correctional facilities. To the maximum 
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extent possible, the strategy shall be developed, trans-
mitted to Congress, and made publicly available no later 
than 180 days after the transmission of the first report 
required under section 7(c) of this Act. 
(b) CONTENTS OF STRATEGY.—The strategy shall in-
clude the following: 
(1) PREVENTION EDUCATION.—A plan for im-
proving prevention education, information, and 
training offered to incarcerated persons and correc-
tional facility staff, including information and train-
ing on sexual violence and the spread of STIs, and 
comprehensive sex education. 
(2) SEXUAL BARRIER PROTECTION DEVICE AC-
CESS.—A plan for expanding access to sexual barrier 
protection devices in correctional facilities. 
(3) SEXUAL
VIOLENCE
REDUCTION.—A plan 
for reducing the incidence of sexual violence among 
incarcerated persons and correctional facility staff, 
developed in consultation with the National Prison 
Rape Elimination Commission. 
(4) COUNSELING AND SUPPORTIVE SERVICES.— 
A plan for expanding access to counseling and sup-
portive services related to STIs in correctional facili-
ties. 
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(5) TESTING.—A plan for testing incarcerated 
persons for STIs during intake, during regular 
health exams, and prior to release, and that— 
(A) is conducted in accordance with guide-
lines established by the Centers for Disease 
Control and Prevention; 
(B) includes pretest counseling; 
(C) requires that incarcerated persons are 
notified of their option to decline testing at any 
time; 
(D) requires that incarcerated persons are 
confidentially notified of their test results in a 
timely manner; and 
(E) ensures that incarcerated persons test-
ing positive for STIs receive posttest coun-
seling, care, treatment, and supportive services. 
(6) TREATMENT.—A plan for ensuring that 
correctional facilities have the necessary medicine 
and equipment to treat and monitor STIs and for 
ensuring that incarcerated persons living with or 
testing positive for STIs receive and have access to 
care and treatment services. 
(7) STRATEGIES FOR DEMOGRAPHIC GROUPS.— 
A plan for developing and implementing culturally 
appropriate, sensitive, and specific strategies to re-
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duce the spread of STIs among demographic groups 
heavily impacted by STIs. 
(8) DISCHARGE AND RETURN TO SOCIETY.—A 
plan to improve pre-release discharge planning for 
inmates, especially those with HIV/AIDS, to access 
essential services. 
(9) LINKAGES WITH COMMUNITIES AND FACILI-
TIES.—A plan for establishing and strengthening 
linkages to local communities and health facilities 
that— 
(A) provide counseling, testing, care, and 
treatment services; 
(B) may receive persons recently released 
from incarceration who are living with STIs; 
and 
(C) accept payment through the State 
Medicaid program. 
(10) ENROLLMENT IN STATE MEDICAID PRO-
GRAMS.—Plans to ensure that incarcerated persons 
who were— 
(A) enrolled in their State Medicaid pro-
gram prior to incarceration in a correctional fa-
cility are automatically re-enrolled in such pro-
gram upon their release; and 
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(B) not enrolled in their State Medicaid 
program prior to incarceration, but who are di-
agnosed with the human immunodeficiency 
virus while incarcerated in a correctional facil-
ity, are automatically enrolled in such program 
upon their release. 
(11) OTHER
PLANS.—Any other plans devel-
oped by the Attorney General for reducing the 
spread of STIs or improving the quality of health 
care in correctional facilities. 
(12) MONITORING SYSTEM.—A monitoring sys-
tem that establishes performance goals related to re-
ducing the prevalence and spread of STIs in correc-
tional facilities and which, where feasible, expresses 
such goals in quantifiable form. 
(13) MONITORING SYSTEM PERFORMANCE INDI-
CATORS.—Performance indicators that measure or 
assess the achievement of the performance goals de-
scribed in paragraph (12). 
(14) COST ESTIMATE.—A detailed estimate of 
the funding necessary to implement the strategy at 
the Federal and State levels for all 5 years, includ-
ing the amount of funds required by community or-
ganizations to implement the parts of the strategy in 
which they take part. 
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(c) REPORT.—The Attorney General shall transmit 
to Congress and make publicly available an annual 
progress report regarding the implementation and effec-
tiveness of the strategy described in subsection (a). The 
progress report shall include an evaluation of the imple-
mentation of the strategy using the monitoring system and 
performance indicators provided for in paragraphs (12) 
and (13) of subsection (b). 
SEC. 9. ELIGIBILITY OF PERSONS DISCHARGED FROM COR-
RECTIONAL 
FACILITIES 
FOR 
MCKINNEY- 
VENTO ACT HOUSING ASSISTANCE. 
Section 401 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11360) is amended— 
(1) by redesignating paragraphs (9) through 
(33) as paragraphs (10) through (34), respectively; 
and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9) 
HOMELESS.—Notwithstanding 
section 
103(d), the terms ‘homeless’, ‘homeless individual’, 
and ‘homeless person’ include an individual who— 
‘‘(A) is being released from any prison, 
penitentiary, adult detention facility, juvenile 
detention facility, jail, or other facility to which 
persons may be sent after conviction of a crime 
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