585 
SEC. 757. REPEAL OF LIMITATION AGAINST USE OF FUNDS 
FOR 
EDUCATION 
OR 
INFORMATION 
DE-
SIGNED TO PROMOTE OR ENCOURAGE, DI-
RECTLY, HOMOSEXUAL OR HETEROSEXUAL 
ACTIVITY 
OR 
INTRAVENOUS 
SUBSTANCE 
ABUSE. 
Section 2500 of the Public Health Service Act (42 
U.S.C. 300ee) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
SEC. 758. EXPANDING SUPPORT FOR CONDOMS IN PRIS-
ONS. 
(a) AUTHORITY TO ALLOW COMMUNITY ORGANIZA-
TIONS TO PROVIDE STI COUNSELING, STI PREVENTION 
EDUCATION, AND SEXUAL BARRIER PROTECTION DE-
VICES IN FEDERAL CORRECTIONAL FACILITIES.— 
(1) DIRECTIVE TO ATTORNEY GENERAL.—Not 
later than 30 days after the date of enactment of 
this Act, the Attorney General shall direct the Bu-
reau of Prisons to allow community organizations to 
distribute sexual barrier protection devices and to 
engage in STI counseling and STI prevention edu-
cation in Federal correctional facilities. These activi-
ties shall be subject to all relevant Federal laws and 
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regulations which govern visitation in correctional 
facilities. 
(2) INFORMATION
REQUIREMENT.—Any com-
munity organization permitted to distribute sexual 
barrier protection devices under paragraph (1) shall 
ensure that the persons to whom the devices are dis-
tributed are informed about the proper use and dis-
posal of sexual barrier protection devices in accord-
ance with established public health practices. Any 
community organization conducting STI counseling 
or STI prevention education under paragraph (1) 
shall offer comprehensive sexuality education. 
(3) POSSESSION OF DEVICE PROTECTED.—No 
Federal correctional facility may, because of the pos-
session or use of a sexual barrier protection device— 
(A) take adverse action against an incar-
cerated person; or 
(B) consider possession or use as evidence 
of prohibited activity for the purpose of any 
Federal correctional facility administrative pro-
ceeding. 
(4) 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 
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of incarcerated persons and of correctional facility 
staff. 
(b) SENSE OF CONGRESS REGARDING DISTRIBUTION 
OF SEXUAL BARRIER PROTECTION DEVICES IN STATE 
PRISON SYSTEMS.—It is the sense of the Congress that 
States should allow for the legal distribution of sexual bar-
rier protection devices in State correctional facilities to re-
duce the prevalence and spread of STIs in those facilities. 
(c) SURVEY OF AND REPORT ON CORRECTIONAL FA-
CILITY PROGRAMS AIMED AT REDUCING THE SPREAD OF 
STIS.— 
(1) SURVEY.—The Attorney General, after con-
sulting with the Secretary of Health and Human 
Services, State officials, and community organiza-
tions, shall, to the maximum extent practicable, con-
duct a survey of all Federal and State correctional 
facilities, not later than 180 days after the date of 
enactment of this Act and annually thereafter for 5 
years, to determine the following: 
(A) COUNSELING, TREATMENT, AND SUP-
PORTIVE SERVICES.—Whether the correctional 
facility requires incarcerated persons to partici-
pate in counseling, treatment, and supportive 
services related to STIs, or whether it offers 
such programs to incarcerated persons. 
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(B) ACCESS TO SEXUAL BARRIER PROTEC-
TION DEVICES.—Whether incarcerated persons 
can— 
(i) possess sexual barrier protection 
devices; 
(ii) purchase sexual barrier protection 
devices; 
(iii) purchase sexual barrier protection 
devices at a reduced cost; and 
(iv) obtain sexual barrier protection 
devices without cost. 
(C) INCIDENCE OF SEXUAL VIOLENCE.— 
The incidence of sexual violence and assault 
committed by incarcerated persons and by cor-
rectional facility staff. 
(D) PREVENTION EDUCATION OFFERED.— 
The type of prevention education, information, 
or training offered to incarcerated persons and 
correctional facility staff regarding sexual vio-
lence and the spread of STIs, including whether 
such education, information, or training— 
(i) constitutes comprehensive sexuality 
education; 
(ii) is compulsory for new incarcerated 
persons and for new staff; and 
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(iii) is offered on an ongoing basis. 
(E) STI TESTING.—Whether the correc-
tional facility tests incarcerated persons for 
STIs or gives them the option to undergo such 
testing— 
(i) at intake; 
(ii) on a regular basis; and 
(iii) prior to release. 
(F) STI TEST RESULTS.—The number of 
incarcerated persons who are tested for STIs 
and the outcome of such tests at each correc-
tional facility, disaggregated to include results 
for— 
(i) the type of sexually transmitted in-
fection tested for; 
(ii) the race and/or ethnicity of indi-
viduals tested; 
(iii) the age of individuals tested; and 
(iv) the gender of individuals tested. 
(G) PRERELEASE
REFERRAL
POLICY.— 
Whether incarcerated persons are informed 
prior to release about STI-related services or 
other health services in their communities, in-
cluding free and low-cost counseling and treat-
ment options. 
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(H) PRERELEASE
REFERRALS
MADE.— 
The number of referrals to community-based 
organizations or public health facilities offering 
STI-related or other health services provided to 
incarcerated persons prior to release, and the 
type of counseling or treatment for which the 
referral was made. 
(I) REINSTATEMENT OF MEDICAID BENE-
FITS.—Whether the correctional facility assists 
incarcerated persons that were enrolled in the 
State Medicaid program prior to their incarcer-
ation, in reinstating their enrollment upon re-
lease and whether such individuals receive refer-
rals as provided by subparagraph (G) to entities 
that accept the State Medicaid program, includ-
ing if applicable— 
(i) the number of such individuals, in-
cluding those diagnosed with the human 
immunodeficiency virus, that have been re-
instated; 
(ii) a list of obstacles to reinstating 
enrollment or to making determinations of 
eligibility for reinstatement, if any; and 
(iii) the number of individuals denied 
enrollment. 
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