423 
‘‘(d) DEFINITION.—In this section, the term ‘ac-
quired bone marrow failure disease’ has the meaning given 
to such term in section 317X(d). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$2,000,000 for each of fiscal years 2012 through 2016.’’. 
(f) DIAGNOSIS
AND QUALITY
OF CARE
FOR AC-
QUIRED BONE MARROW FAILURE DISEASES.— 
(1) GRANTS.—The Secretary of Health and 
Human Services, acting through the Director of the 
Agency for Healthcare Research and Quality, shall 
award grants to entities to improve diagnostic prac-
tices and quality of care with respect to patients 
with acquired bone marrow failure diseases. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this section $2,000,000 for each of fiscal years 2012 
through 2016. 
(g) DEFINITION.—In this section, the term ‘‘acquired 
bone marrow failure disease’’ means— 
(1) myelodysplastic syndromes (MDS); 
(2) aplastic anemia; 
(3) 
paroxysmal 
nocturnal 
hemoglobinuria 
(PNH); 
(4) pure red cell aplasia; 
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(5) acute myeloid leukemia that progressed 
from myelodysplastic syndromes; or 
(6) large granular lymphocytic leukemia. 
Subtitle 
D—Cardiovascular 
Dis-
ease, 
Chronic 
Disease, 
and 
Other Disease Issues 
SEC. 731. GUIDELINES FOR DISEASE SCREENING FOR MI-
NORITY PATIENTS. 
(a) IN GENERAL.—The Secretary, acting through the 
Director of the Agency for Healthcare Research and Qual-
ity, shall convene a series of meetings to develop guidelines 
for disease screening for minority patient populations 
which have a higher than average risk for many chronic 
diseases and cancers. 
(b) PARTICIPANTS.—In convening meetings under 
subsection (a), the Secretary shall ensure that meeting 
participants include representatives of— 
(1) professional societies and associations; 
(2) minority health organizations; 
(3) health care researchers and providers, in-
cluding those with expertise in minority health; 
(4) Federal health agencies, including the Of-
fice of Minority Health, the National Institute on 
Minority Health and Health Disparities, and the 
National Institutes of Health; and 
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(5) other experts determined appropriate by the 
Secretary. 
(c) DISEASES.—Screening guidelines for minority 
populations shall be developed as appropriate under sub-
section (a) for— 
(1) hypertension; 
(2) hypercholesterolemia; 
(3) diabetes; 
(4) cardiovascular disease; 
(5) cancers, including breast, prostate, colon, 
cervical, and lung cancer; 
(6) asthma; 
(7) diabetes; 
(8) kidney diseases; 
(9) eye diseases and disorders, including glau-
coma; 
(10) HIV/AIDS and sexually transmitted dis-
eases; 
(11) uterine fibroids; 
(12) autoimmune disease; 
(13) mental health conditions; 
(14) dental health conditions and oral diseases; 
(15) environmental and related health illnesses 
and conditions; 
(16) Sickle cell disease; 
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(17) violence and injury prevention and control; 
(18) genetic and related conditions; 
(19) heart disease and stroke; 
(20) tuberculosis; 
(21) chronic obstructive pulmonary disease; and 
(22) other diseases determined appropriate by 
the Secretary. 
(d) DISSEMINATION.—Not later than 24 months 
after the date of enactment of this title, the Secretary 
shall publish and disseminate to health care provider orga-
nizations the guidelines developed under subsection (a). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
such sums as may be necessary for each of fiscal years 
2012 through 2016. 
SEC. 732. COVERAGE OF THE SHINGLES VACCINE UNDER 
THE MEDICARE PROGRAM. 
(a) IN GENERAL.—Section 1861 of the Social Secu-
rity Act (42 U.S.C. 1395x) is amended— 
(1) in subsection (s)(10)(A), by inserting ‘‘, 
shingles vaccine and its administration,’’ before 
‘‘and, subject to’’; and 
(2) in subsection (ww)(2)(A), by inserting 
‘‘shingles,’’ after ‘‘Pneumococcal,’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to shingles vaccine furnished on 
or after January 1 of the first calendar year beginning 
more than 60 days after the date of the enactment of this 
Act. 
SEC. 733. CDC WISEWOMAN SCREENING PROGRAM. 
Section 1509 of the Public Health Service Act (42 
U.S.C. 300n–4a) is amended— 
(1) in subsection (a)— 
(A) by striking the heading and inserting 
‘‘IN GENERAL.—’’; and 
(B) in the matter preceding paragraph (1), 
by striking ‘‘may make grants’’ and all that fol-
lows through ‘‘purpose’’ and inserting the fol-
lowing: ‘‘may make grants to such States for 
the purpose’’; and 
(2) in subsection (d)(1), by striking ‘‘there are 
authorized’’ and all that follows through the period 
and inserting ‘‘there are authorized to be appro-
priated 
$23,000,000 
for 
fiscal 
year 
2012, 
$25,300,000 for fiscal year 2013, $27,800,000 for 
fiscal year 2014, $30,800,000 for fiscal year 2015, 
and $34,000,000 for fiscal year 2016.’’. 
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SEC. 734. REPORT ON CARDIOVASCULAR CARE FOR WOMEN 
AND MINORITIES. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 399V–5. REPORT ON CARDIOVASCULAR CARE FOR 
WOMEN AND MINORITIES. 
‘‘Not later than September 30, 2014, and annually 
thereafter, the Secretary shall prepare and submit to the 
Congress a report on the quality of and access to care 
for women and minorities with heart disease, stroke, and 
other cardiovascular diseases. The report shall contain rec-
ommendations for eliminating disparities in, and improv-
ing the treatment of, heart disease, stroke, and other car-
diovascular diseases in women, racial and ethnic minori-
ties, those for whom English is not their primary lan-
guage, and individuals with disabilities.’’. 
SEC. 735. COVERAGE OF COMPREHENSIVE TOBACCO CES-
SATION SERVICES IN MEDICAID. 
(a) REQUIRING COVERAGE
OF COUNSELING
AND 
PHARMACOTHERAPY
FOR
CESSATION
OF
TOBACCO 
USE.—Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended— 
(1) in subsection (a)(4)(D) is amended by strik-
ing ‘‘by pregnant women’’; and 
(2) in subsection (bb)— 
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(A) by striking ‘‘by pregnant women’’ each 
place it appears; 
(B) in paragraph (1), in the matter before 
subparagraph (A), by inserting ‘‘by individuals’’ 
before ‘‘who use tobacco’’; and 
(C) in paragraph (2)(A), by striking ‘‘with 
respect to pregnant women’’. 
(b) EXCEPTION
FROM
OPTIONAL
RESTRICTION 
UNDER MEDICAID PRESCRIPTION DRUG COVERAGE.— 
Section 1927(d)(2)(F) of the Social Security Act (42 
U.S.C. 1396r–8(d)(2)(F)) is amended by striking ‘‘in the 
case of pregnant women’’. 
(c) REMOVAL OF COST SHARING FOR COUNSELING 
AND PHARMACOTHERAPY FOR CESSATION OF TOBACCO 
USE.— 
(1) GENERAL COST SHARING LIMITATIONS.— 
Section 1916 of the Social Security Act (42 U.S.C. 
1396o) is amended— 
(A) in subsections (a)(2)(B) and (b)(2)(B), 
by striking ‘‘and counseling and pharmacother-
apy for cessation of tobacco use by pregnant 
women (as defined in section 1905(bb)) and 
covered outpatient drugs (as defined in sub-
section (k)(2) of section 1927 and including 
nonprescription drugs described in subsection 
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(d)(2) of such section) that are prescribed for 
purposes of promoting, and when used to pro-
mote, tobacco cessation by pregnant women in 
accordance with the Guideline referred to in 
section 1905(bb)(2)(A)’’ each place it appears; 
and 
(B) in each of subsections (a)(2)(D) and 
(b)(2)(D) by inserting ‘‘and counseling and 
pharmacotherapy for cessation of tobacco use 
(as defined in section 1905(bb)) and covered 
outpatient drugs (as defined in subsection 
(k)(2) of section 1927 and including non-
prescription drugs described in subsection 
(d)(2) of such section) that are prescribed for 
purposes of promoting, and when used to pro-
mote, tobacco cessation in accordance with the 
Guideline 
referred 
to 
in 
section 
1905(bb)(2)(A),’’ 
after 
‘‘section 
1905(a)(4)(C),’’. 
(2) 
APPLICATION
TO
ALTERNATIVE 
COSTSHARING.—Section 1916A(b)(3)(B) of such Act 
(42 U.S.C. 1396o–1(b)(3)(B)) is amended— 
(A) in clause (iii), by striking ‘‘, and coun-
seling and pharmacotherapy for cessation of to-
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bacco use by pregnant women (as defined in 
section 1905(bb))’’; and 
(B) by adding at the end the following: 
‘‘(xi) 
Counseling 
and 
pharmacotherapy for cessation of tobacco 
use (as defined in section 1905(bb)) and 
covered outpatient drugs (as defined in 
subsection (k)(2) of section 1927 and in-
cluding nonprescription drugs described in 
subsection (d)(2) of such section) that are 
prescribed for purposes of promoting, and 
when used to promote, tobacco cessation in 
accordance with the Guideline referred to 
in section 1905(bb)(2)(A).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2012. 
SEC. 
736. 
CLINICAL 
RESEARCH 
FUNDING 
FOR 
ORAL 
HEALTH. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall expand and intensify the conduct 
and support of the research activities of the National In-
stitutes of Health and the National Institute of Dental 
and Craniofacial Research to improve the oral health of 
the population through the prevention and management 
of oral diseases and conditions. 
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(b) INCLUDED RESEARCH ACTIVITIES.—Research 
activities under subsection (a) shall include— 
(1) comparative effectiveness research and clin-
ical disease management research addressing early 
childhood caries and oral cancer; and 
(2) awarding of grants and contracts to support 
the training and development of health services re-
searchers, comparative effectiveness researchers, and 
clinical researchers whose research improves the oral 
health of the population. 
Subtitle E—HIV/AIDS 
SEC. 741. FINDINGS. 
The Congress finds the following: 
(1) Over one million people are estimated to be 
living with HIV in the United States according to 
the Centers for Disease Control and Prevention. 
(2) Annually there are over 17,000 deaths in 
people with an HIV diagnoses in 40 States and 5 
dependent areas of the United States. 
(3) The Centers for Disease Control and Pre-
vention estimates that in 2009 there were approxi-
mately 48,100 people newly infected with HIV. 
Though this number seems to be staying relatively 
stable, the number of new infections is rapidly in-
creasing among certain populations especially among 
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young African-American men who have sex with men 
who had an overall 48 percent increase in new infec-
tions from 2006 to 2009. 
(4) HIV disproportionately affects certain popu-
lations in the United States. Though African-Ameri-
cans represent less than 13 percent of the popu-
lation, African-Americans account for almost half 
(46 percent) of all people living with HIV in the 
United States. Men who have sex with men (MSM) 
make up approximately 2 percent of the population, 
but account for over half (53 percent) of individuals 
living with HIV and are the only risk group in which 
HIV infections continue to increase. 
(5) Disparities exist among Latin-Americans; 
they make up 15 percent of US population and 17 
percent of new infections (2006). 
(6) Though American Indians/Alaska Natives 
represent less than 1 percent of the total number of 
HIV/AIDS cases, American Indians and Alaska Na-
tives rank third in rates of HIV/AIDS diagnosis, 
after African-Americans and Latin-Americans. 
(7) While Asian-Americans, Native Hawaiians, 
and Pacific Islanders HIV/AIDS cases account for 
approximately 1 percent of cases nationally, Asian 
Americans and Pacific Islanders were the only ra-
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cial/ethnic groups with a statistically significant in-
crease in new HIV diagnoses between 2001 and 
2008. 
(8) The limited data available on transgender 
individuals point to a disproportionate burden of 
HIV infection. 
(9) Stigma and discrimination contribute to 
these disparities. 
(10) For HIV, early detection and treatment 
can have huge effects. New research suggests that 
treatment of individuals not only slows disease pro-
gression, but can also greatly reduce the risk of 
transmission to other individuals. 
(11) To combat the HIV epidemic in the United 
States, the National HIV/AIDS Strategy (NHAS) 
from the White House Office of National AIDS Pol-
icy provides a framework of increasing access to 
care, reducing new infections, and eliminating HIV- 
related health disparities. The vision of NHAS is 
‘‘The United States will become a place where new 
HIV infections are rare and when they do occur, 
every person, regardless of age, gender, race/eth-
nicity, sexual orientation, gender identity, or socio- 
economic circumstance, will have unfettered access 
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to high quality, life extending care, free from stigma 
and discrimination.’’. 
(12) Although the cost of education, treatment 
and care, and research are not inconsequential, they 
are substantially less than the annual health care 
cost attributable to HIV in the United States. The 
lifetime cost of HIV care and treatment in 2004 was 
estimated to be $405,000 to $648,000 dollars annu-
ally. Preventing 40,000 new infections in the United 
States each year would save $12.8 billion annually. 
SEC. 742. ADDRESSING HIV/AIDS IN COMMUNITIES OF 
COLOR. 
(a) NATIONAL OBSERVANCE DAYS.—It is the sense 
of the Congress that national observance days highlighting 
the impact of HIV/AIDS on communities of color include 
the following: 
(1) National Black HIV/AIDS Awareness Day. 
(2) National Latino AIDS Awareness Day. 
(3) National Asian and Pacific Islander HIV/ 
AIDS Awareness Day. 
(4) National Native HIV/AIDS Awareness Day. 
(5) Caribbean American HIV/AIDS Awareness 
Day. 
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(b) CALL TO ACTION.—It is the sense of the Con-
gress that the President should call on members of com-
munities of color— 
(1) to become involved at the local community 
level in HIV/AIDS testing, policy, and advocacy; 
(2) to become aware, engaged, and empowered 
on the HIV/AIDS epidemic within their commu-
nities; and 
(3) to urge members of their communities to re-
duce risk factors, practice safe sex and other preven-
tive measures, be tested for HIV/AIDS, and seek 
care when appropriate. 
SEC. 743. HIV/AIDS REDUCTION IN RACIAL AND ETHNIC MI-
NORITY COMMUNITIES. 
(a) EXPANDED FUNDING.—The Secretary, in col-
laboration with the Deputy Assistant Secretary for Minor-
ity Health, the Director of the Centers for Disease Control 
and Prevention, the Administrator of the Health Re-
sources and Services Administration, and the Adminis-
trator of the Substance Abuse and Mental Health Services 
Administration, shall provide funds and carry out activi-
ties to expand the Minority HIV/AIDS Initiative. 
(b) USE OF FUNDS.—The additional funds made 
available under this section may be used, through the Mi-
nority AIDS Initiative, to support the following activities: 
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(1) Providing technical assistance and infra-
structure support to reduce HIV/AIDS in minority 
populations. 
(2) Increasing minority populations’ access to 
HIV/AIDS prevention and care services. 
(3) Building strong community programs and 
partnerships to address HIV prevention and the 
health care needs of specific racial and ethnic minor-
ity populations. 
(c) PRIORITY INTERVENTIONS.—Within the racial 
and ethnic minority populations referred to in subsection 
(b), priority in conducting intervention services shall be 
given to— 
(1) women; 
(2) youth; 
(3) men who have sex with men; 
(4) persons who engage in intravenous drug 
abuse; 
(5) homeless individuals; and 
(6) individuals incarcerated or in the penal sys-
tem. 
(d) AUTHORIZATION OF APPROPRIATIONS.—For car-
rying out this section, there are authorized to be appro-
priated $610,000,0000 for fiscal year 2012 and such sums 
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as may be necessary for each of fiscal years 2013 through 
2016. 
SEC. 744. REPEALING INEFFECTIVE AND INCOMPLETE AB-
STINENCE-ONLY EDUCATION PROGRAM. 
(a) IN GENERAL.—Title V of the Social Security Act 
(42 U.S.C. 701 et seq.) is amended by striking section 
510. 
(b) RESCISSION.—Amounts appropriated for each of 
fiscal years 2010 and 2011 under section 510(d) of the 
Social Security Act (42 U.S.C. 710(d)) (as in effect on 
the day before the date of enactment of this Act) that are 
unobligated as of the date of enactment of this Act are 
rescinded. 
(c) REPROGRAM OF ELIMINATED ABSTINENCE-ONLY 
FUNDS FOR THE PERSONAL RESPONSIBILITY EDUCATION 
PROGRAM (PREP).—Section 513(f) of the Social Security 
Act (42 U.S.C. 713(f)) is amended by striking ‘‘for each 
of fiscal years 2010 through 2014’’ and inserting ‘‘for fis-
cal year 2010, $75,000,000 increased by an amount equal 
to the unobligated portion of funds appropriated for each 
of fiscal years 2010 and 2011 under section 510(d) that 
are rescinded under subsection (b), and $125,000,000 for 
each of fiscal years 2012 through 2014’’. 
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SEC. 745. DENTAL EDUCATION LOAN REPAYMENT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services may enter into an agreement with any 
dentist under which— 
(1) the dentist agrees to serve as a dentist for 
a period of not less than 2 years at a facility with 
a critical shortage of dentists (as determined by the 
Secretary) in an area with a high incidence of HIV/ 
AIDS; and 
(2) the Secretary agrees to make payments in 
accordance with subsection (b) on the dental edu-
cation loans of the dentist. 
(b) MANNER
OF PAYMENTS.—The payments de-
scribed in subsection (a) shall be made by the Secretary 
as follows: 
(1) Upon completion by the dentist for whom 
the payments are to be made of the first year of the 
service specified in the agreement entered into with 
the Secretary under subsection (a), the Secretary 
shall pay 30 percent of the principal of and the in-
terest on the dental education loans of the dentist. 
(2) Upon completion by the dentist of the sec-
ond year of such service, the Secretary shall pay an-
other 30 percent of the principal of and the interest 
on such loans. 
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(3) Upon completion by that individual of a 
third year of such service, the Secretary shall pay 
another 25 percent of the principal of and the inter-
est on such loans. 
(c) APPLICABILITY OF CERTAIN PROVISIONS.—The 
provisions of subpart III of part D of title III of the Public 
Health Service Act (42 U.S.C. 254l et seq.) shall, except 
as inconsistent with this section, apply to the program car-
ried out under this section in the same manner and to 
the same extent as such provisions apply to the National 
Health Service Corps Loan Repayment Program. 
(d) REPORTS.—Not later than 18 months after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary shall prepare and submit to the Congress 
a report describing the program carried out under this sec-
tion, including statements regarding the following: 
(1) The number of dentists enrolled in the pro-
gram. 
(2) The number and amount of loan repay-
ments. 
(3) The placement location of loan repayment 
recipients at facilities described in subsection (a)(1). 
(4) The default rate and actions required. 
(5) The amount of outstanding default funds. 
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(6) To the extent that it can be determined, the 
reason for the default. 
(7) The demographics of individuals partici-
pating in the program. 
(8) An evaluation of the overall costs and bene-
fits of the program. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘dental education loan’’— 
(A) means a loan that is incurred for the 
cost of attendance (including tuition, other rea-
sonable educational expenses, and reasonable 
living costs) at a school of dentistry; and 
(B) includes only the portion of the loan 
that is outstanding on the date the dentist in-
volved begins the service specified in the agree-
ment under subsection (a). 
(2) The term ‘‘dentist’’ means a graduate of a 
school of dentistry who has completed postgraduate 
training in general or pediatric dentistry. 
(3) The term ‘‘HIV/AIDS’’ means human im-
munodeficiency virus and acquired immune defi-
ciency syndrome. 
(4) The term ‘‘school of dentistry’’ has the 
meaning given to that term in section 799B of the 
Public Health Service Act (42 U.S.C. 295p). 
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(5) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 
2012 through 2016. 
SEC. 746. REPORT ON THE IMPLEMENTATION OF THE NA-
TIONAL HIV/AIDS STRATEGY. 
(a) REPORT REQUIRED.—Not later than 6 months 
after the date of the enactment of this Act, the President, 
in consultation with the heads of all relevant agencies in-
cluding the Department of Education, the Department of 
Health and Human Services, the Department of Housing 
and Urban Development, the Department of Justice, the 
Department of Labor, the Department of Veterans Af-
fairs, and the Social Security Administration, shall trans-
mit to the Congress and make publicly available a report 
on the status of the implementation of the National HIV/ 
AIDS Strategy. 
(b) CONTENTS.—The report required by subsection 
(a) shall include a description, analysis, and evaluation 
of— 
(1) key steps taken by the Federal Government 
towards the achievement of the goals of the National 
HIV/AIDS Strategy, including the goals of— 
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(A) reducing the number of people who be-
come infected with HIV; 
(B) increasing access to care and opti-
mizing health outcomes for people living with 
HIV; and 
(C) reducing HIV-related health dispari-
ties; 
(2) the extent to which the National HIV/AIDS 
Strategy has improved coordination of efforts to 
maximize the effective delivery of HIV/AIDS preven-
tion, care, and treatment services at the community 
level, including coordination— 
(A) within and among Federal agencies 
and departments; 
(B) between the Federal Government and 
State and local governments and health depart-
ments; 
(C) between the Federal Government and 
nonprofit foundations and civil society organiza-
tions, including community- and faith-based or-
ganizations focused on addressing the issue of 
HIV/AIDS; and 
(D) between the Federal Government and 
private businesses; 
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(3) efforts by the Federal Government to edu-
cate, involve, and establish and strengthen partner-
ships with civil society organizations, including 
community- and faith-based organizations, in order 
to implement the National HIV/AIDS Strategy and 
achieve its goals; 
(4) how Federal resources are being deployed to 
implement the Strategy, including— 
(A) the amount of funding used to date, by 
each Federal agency and department, to imple-
ment the National HIV/AIDS Strategy; 
(B) a brief summary for each Federal 
agency and department of the number and 
function of all Federal employees assisting in 
implementing the Strategy; and 
(C) an estimate of the amount of funding 
necessary to implement the National HIV/AIDS 
Strategy, by each Federal agency and depart-
ment, for the next fiscal year; and 
(5) what additional steps, if any, are necessary 
to fully implement the National HIV/AIDS Strategy, 
including— 
(A) whether any existing statutory laws, 
policies, or regulations are impeding the imple-
mentation of the National HIV/AIDS Strategy, 
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at the Federal, State, or local level, and wheth-
er any changes to such laws, policies, or regula-
tions are necessary or recommended; and 
(B) whether any Federal agencies or de-
partments require additional statutory authority 
to effectively carry out their duties as part of 
the National HIV/AIDS Strategy. 
(c) USE OF PREVIOUSLY APPROPRIATED FUNDS.— 
Funding for the report required under subsection (a) shall 
derive from discretionary funds of the departments and 
agencies specified in such subsection. 
SEC. 747. ADDRESSING HIV/AIDS IN THE AFRICAN-AMER-
ICAN COMMUNITY. 
(a) SENSE
OF CONGRESS
ON NATIONAL BLACK 
CLERGY HIV/AIDS AWARENESS SUNDAY.—It is the 
sense of Congress that— 
(1) there should be established a National 
Black Clergy HIV/AIDS Awareness Sunday on 
which the Congress and the President call on mem-
bers of the Black clergy— 
(A) to become involved at the local commu-
nity level in HIV/AIDS testing, policy, and ad-
vocacy; 
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(B) to discuss the HIV/AIDS epidemic 
with their congregations and the community at- 
large; and 
(C) to urge members of their congregations 
to reduce risk factors, practice safe sex and 
other preventive measures, be tested for HIV/ 
AIDS, and seek care when appropriate; and 
(2) an appropriate Sunday should be selected 
for this occasion. 
(b) SENSE OF CONGRESS ON FEDERAL AGENCIES 
WITH RESPONSIBILITY FOR PREVENTING, TESTING FOR, 
AND TREATING HIV/AIDS.—It is the sense of Congress 
that all Federal agencies with a responsibility for pre-
venting, testing for, and treating HIV/AIDS should— 
(1) adopt policies for prevention, testing, and 
treatment that are consistent with the guidelines 
issued in 2006 by the Centers for Disease Control 
and Prevention, entitled ‘‘Revised Recommendations 
for HIV Testing of Adults, Adolescents, and Preg-
nant Women in Health-Care Settings’’; and 
(2) begin a systemic, aggressive approach to im-
plementing voluntary, routine testing as part of all 
health exams, including in emergency rooms, clinics, 
and private physician offices. 
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(c) SENSE OF CONGRESS ON FEDERAL BUREAU OF 
PRISONS PROCEDURES FOR INMATES WITH HIV.—It is 
the sense of Congress that the Federal Bureau of Prisons 
should implement procedures for— 
(1) voluntary HIV testing as a routine compo-
nent of inmate care; and 
(2) referral to care as a routine component of 
release planning for inmates with HIV/AIDS, includ-
ing referral to community-based care and faith-based 
institutions. 
SEC. 748. NATIONAL BLACK CLERGY FOR THE ELIMI-
NATION OF HIV/AIDS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Black Clergy for the Elimination of HIV/AIDS 
Act of 2011’’. 
(b) FINDINGS.—Congress finds the following: 
(1) It has been estimated that more than 
1,200,000 people in the United States are living 
with HIV/AIDS, and approximately 500,000 of them 
are Black. Blacks are 8 times more likely to have 
AIDS than their White counterparts. Within the 
Black community, the subpopulation most dispropor-
tionately impacted by HIV/AIDS is Black men who 
have sex with men (MSM) with prevalence rates 
twice those of White MSM. Black women account 
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for the majority of new AIDS cases among women 
and are 23 times more likely to be living with AIDS 
than White women and 4 times more likely than 
Latinas. 
(2) On October 7–8, 2007, 186 Black clergy, 
consisting of Baptist, COGIC, Methodist, Protes-
tant, AME, and Pentecostal, together with, medical, 
policy, and AIDS leaders, were brought together by 
the National Black Leadership Commission on 
AIDS (NBLCA), the oldest and largest Black AIDS 
organization of its kind in America, hosted by Time 
Warner, Inc., with other foundation support, to par-
ticipate in the National Black Clergy Conclave On 
HIV/AIDS Policy. 
(3) The attendees included faith leaders across 
traditional, mega, and activist churches representing 
millions of congregants: the National Medical Asso-
ciation (NMA) representing 30,000 African-Amer-
ican physicians; the National Conference of Black 
Mayors; the National Caucus of Black State Legisla-
tors; and the Health Brain Trust of the Congres-
sional Black Caucus and key African-American HIV/ 
AIDS advocates from across the United States. This 
group developed a plan of action that has become 
the National Black Clergy for the Elimination of 
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HIV/AIDS Act of 2011 to respond to the ‘‘on the 
ground’’ emergency in prevention, care, and treat-
ment for AIDS in Black America. 
(4) In August 2007, the NMA, the oldest and 
largest organization representing 30,000 African- 
American physicians, released a consensus report en-
titled ‘‘Addressing The HIV/AIDS Crisis In The Af-
rican American Community: Fact, Fiction and Pol-
icy’’; and specifically called on the next President of 
the United States to declare HIV/AIDS in African- 
American communities a public health emergency 
and worked with NBLCA to organize clergy to advo-
cate for the specific needs of Black physicians, their 
patients, and those at risk in African-American com-
munities; and have pledged to advocate and work 
with clergy to develop, execute, and implement these 
initiatives as a part of their rightful role of leader-
ship in African-American communities and culture. 
(5) The National Conference of Black Mayors 
has pledged to work with clergy, medical, and com-
munity leaders to develop and support these initia-
tives on a local level and to help them to continue 
to develop a policy agenda leading to the elimination 
of HIV/AIDS. 
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(6) The National Caucus of Black State Legis-
lators pledged to take the initiatives herein to their 
body and develop plans of action for Black State 
Legislators to work with local clergy, health depart-
ments, and CBOs to adopt and implement these ini-
tiatives on a national level. 
(7) At their April 2008 annual meeting, the 
National Policy Alliance (NPA), consisting of the 
Joint Center For Political and Economic Studies 
(secretariat) and the National Black Caucus of 
School Board Members, National Black Caucus of 
Local Elected Officials; the Judicial Council of the 
National Bar Association; the National Association 
of Black County Officials; Blacks in Government 
and the CBC; NCBM; WCM, voted unanimously to 
support, endorse, and encourage the passage of the 
National Black Clergy for the Elimination of HIV/ 
AIDS Act of 2011 and to organize their respective 
members to endorse and support the passage of this 
bill. 
(8) The World Conference of Black Mayors has 
ratified its support of these initiatives and legisla-
tion, and pledged to assist the clergy to take them 
internationally. 
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(9) The National Black Leadership Commission 
on AIDS, the Balm in Gilead, and the Black AIDS 
Institute have been recognized by the clergy for their 
tradition and history of service and will work with 
clergy to conduct community and policy develop-
ment, linkages to local departments of health and 
other services, infrastructure development, education 
media, and fund development activities. 
(10) Bishop T.D. Jakes of the Potters House 
in Dallas, Texas, and Rev. Calvin O. Butts of the 
Abyssinian Baptist Church in Harlem, New York, 
and chairman of the National Black Leadership 
Commission on AIDS have been recognized as the 
organizers of this group and will help guide and lead 
the development efforts of fellow clergy through this 
process. 
(11) The National Conclave on HIV/AIDS for 
Black Clergy calls upon the President, Congress, 
and corporate America to declare the HIV/AIDS cri-
sis in the African-American community a ‘‘public 
health emergency’’. 
(12) The Black clergy will aggressively seek to 
have every person under the sphere of their influence 
tested for HIV in order to know the person’s status. 
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(13) The Black clergy will promote HIV/AIDS 
awareness to ensure that all Black clergy serving in 
their denominations and other congregations are 
equipped to address issues related to this disease in 
a factual and scientifically sound manner. 
(14) The Black clergy will use the ABC/D 
model as a behavioral guideline for prevention initia-
tives: 
(A) A–Abstain. 
(B) B–Be Faithful. 
(C) C–Use Condoms. 
(D) D–Don’t Engage in Risky Behaviors. 
(c) DEFINITIONS APPLICABLE THROUGHOUT SEC-
TION.—In this section— 
(1) the terms ‘‘HIV’’ and ‘‘HIV/AIDS’’ have 
the meanings given to such terms in section 2689 of 
the Public Health Service Act (42 U.S.C. 300ff–88); 
and 
(2) the term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
(d) SERVICES TO REDUCE HIV/AIDS IN THE AFRI-
CAN-AMERICAN COMMUNITY.— 
(1) IN GENERAL.—For the purpose of reducing 
HIV/AIDS in the African-American community, the 
Secretary, acting through the Deputy Assistant Sec-
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retary for Minority Health, may make grants to 
public health agencies and faith-based organizations 
to conduct— 
(A) outreach activities related to HIV/ 
AIDS prevention and testing activities; 
(B) HIV/AIDS prevention activities; and 
(C) HIV/AIDS testing activities. 
(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $50,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(e) GRANTS FOR SUBSTANCE ABUSE AND MENTAL 
HEALTH SERVICES TO PUBLIC HEALTH AGENCIES AND 
FAITH-BASED ORGANIZATIONS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Administrator of the Substance Abuse 
and Mental Health Services Administration, may 
make grants to public health agencies and faith- 
based organizations to— 
(A) conduct HIV/AIDS and sexually trans-
mitted disease outreach, prevention, and testing 
activities that are targeted to the African-Amer-
ican community; and 
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(B) in connection with such activities, pro-
vide substance abuse testing and mental health 
services to members of such community. 
(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $90,000,000 for fiscal year 2012 and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(f) SERVICES
FOR HIV/AIDS AFFECTED YOUTH 
WHO ARE SEPARATED FROM THEIR FAMILIES.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Administrator of the Substance Abuse 
and Mental Health Services Administration, may 
make grants to faith- and community-based organi-
zations to provide family reunification services, men-
tal health counseling, HIV/AIDS and sexually trans-
mitted disease testing, and substance abuse testing 
and treatment to youth who— 
(A)(i) have run away from home; 
(ii) are homeless; or 
(iii) reside in a detention center or foster 
care; and 
(B) are HIV positive or at risk for HIV/ 
AIDS, including young men who have sex with 
men. 
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(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $5,000,000 for fiscal year 2012, and such 
sums as may be necessary for fiscal years 2013 
through 2016. 
(g) PUBLIC HEALTH INTERVENTION AND PREVEN-
TION ACTIVITIES.— 
(1) IN GENERAL.—For the purpose of reducing 
HIV/AIDS, sexually transmitted diseases, tuber-
culosis, and viral hepatitis in African-American com-
munities, the Secretary, acting through the Director 
of the Centers for Disease Control and Prevention, 
may make grants to faith-based organizations for 
public health intervention and prevention activities, 
including the use of rapid testing in traditional and 
nontraditional settings to increase the number of in-
dividuals who know their status at the point of care 
and are put into treatment. 
(2) PARTNERSHIPS.—In carrying out this sec-
tion, the Secretary shall encourage grantees to enter 
into partnerships with public health agencies. 
(3) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $100,000,000 for fiscal year 2012, and 
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such sums as may be necessary for fiscal years 2013 
through 2016. 
(h) HIV/AIDS PREVENTION AND EDUCATION.— 
(1) PREVENTION ACTIVITIES.—The Secretary, 
acting through the Director of the Centers for Dis-
ease Control and Prevention, shall expand and inten-
sify HIV/AIDS prevention activities in African- 
American communities. Such activities— 
(A) shall be targeted to specific popu-
lations; 
(B) shall be comprehensive and accurately 
based on science and research; and 
(C) shall include information on absti-
nence, the proper use of condoms, risks associ-
ated with unprotected sex, and the value of sex-
ual delay particularly among young adolescents 
and teenagers. 
(2) 
EDUCATION.—The 
Secretary, 
acting 
through the Director of the Centers for Disease 
Control and Prevention, shall expand and intensify 
HIV/AIDS educational activities targeting Black 
women, youth, and men who have sex with men. 
(3) COORDINATION.—The Secretary shall carry 
out this section in coordination with public schools 
of all levels, Black organizations, historically Black 
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colleges and universities, and faith-based organiza-
tions and institutions. 
(4) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $90,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(i) BUILDING CAPACITY OF COMMUNITIES.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the Centers for Disease 
Control and Prevention, shall expand funding to eli-
gible entities to build the capacity of African-Amer-
ican communities to respond to HIV/AIDS. 
(2) EMPHASIS.—In carrying out this section, 
the Secretary shall emphasize the provision of fund-
ing for policy development, education, technical as-
sistance, and training— 
(A) to national and local faith-based orga-
nizations; and 
(B) to organizations with a significant his-
tory of working within the African-American 
community on HIV/AIDS issues, an inter-
denominational center of seminaries specializing 
in the training of African-American clergy, and 
historically Black colleges and universities. 
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(3) DEFINITION.—In this section, the term ‘‘el-
igible entity’’ means a national or community-based 
organization with a history and tradition of service 
to African-American communities. 
(4) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $25,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(j) NATIONAL MEDIA OUTREACH CAMPAIGN.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the Centers for Disease 
Control and Prevention, shall implement a national 
media outreach campaign that urges all sexually ac-
tive individuals to be tested for and know their HIV/ 
AIDS status. 
(2) REQUIREMENTS.—The national media out-
reach campaign under this subsection shall— 
(A) be science-driven and targeted to Afri-
can-American men, women, and youth; and 
(B) give special emphasis to Black women 
and men who have sex with men. 
(3) COORDINATION; CONSULTATION.—The Sec-
retary shall carry out this subsection— 
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(A) in coordination with Black media out-
lets for print, electronic, and Web-based media 
and Black media associations, including the Na-
tional Association of Black Owned Broadcasters 
and the National Newspaper Publishers Asso-
ciation; and 
(B) in consultation with an advisory board 
including representatives of the National Med-
ical Association, faith leaders, elected and ap-
pointed officials, social marketing experts, and 
business and community stakeholders. 
(4) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection, there are authorized to be 
appropriated $10,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(k) RESEARCH TO DEVELOP BEHAVIORAL STRATE-
GIES TO REDUCE TRANSMISSION OF HIV/AIDS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the National Institutes of 
Health, may conduct or support culturally competent 
research to develop evidence-based behavioral strate-
gies to reduce the transmission of HIV/AIDS within 
the African-American community. 
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(2) PRIORITY.—In carrying out this section, the 
Secretary shall prioritize research that focuses on 
populations within the African-American community 
that are at increased risk for HIV/AIDS, includ-
ing— 
(A) men who have sex with men; and 
(B) women. 
(3) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section, there are authorized to be ap-
propriated $10,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(l) STUDY OF BIOLOGICAL AND BEHAVIORAL FAC-
TORS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the National Institute on 
Minority Health and Health Disparities, may make 
grants for— 
(A) the study of biological and behavioral 
factors that lead to increased HIV/AIDS preva-
lence in the African-American community, to be 
conducted by researchers with a history and 
tradition of service to Black communities; and 
(B) behavioral and structural network re-
search and interventions, in collaboration with 
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other institutes and centers of the National In-
stitutes of Health, indigenous faith and national 
and community-based organizations with a his-
tory and tradition of conducting such research 
for Black communities, with a special emphasis 
on Black women and Black men who have sex 
with men. 
(2) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection, there are authorized to be 
appropriated $100,000,000 for fiscal year 2012, and 
such sums as may be necessary for fiscal years 2013 
through 2016. 
(m) HEALTH CARE PROFESSIONALS TREATING INDI-
VIDUALS WITH HIV/AIDS.—Part E of title VII of the 
Public Health Service Act (42 U.S.C. 294n et seq.) is 
amended by adding at the end the following: 
‘‘Subpart 4—Health Care Professionals Treating 
Individuals With HIV/AIDS 
‘‘SEC. 781. BETTER CARE FOR INDIVIDUALS WITH HIV/AIDS. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administrator of the Health Resources and Services 
Administration and in consultation with the African- 
American church community, may award grants for any 
of the following: 
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‘‘(1) Development of curricula for training pri-
mary care providers in HIV/AIDS prevention and 
care. 
‘‘(2) Training health care professionals with ex-
pertise in HIV/AIDS to provide care to individuals 
with HIV/AIDS. 
‘‘(3) Development by grant recipients under 
title XXVI and other persons of policies for pro-
viding culturally relevant and sensitive treatment to 
individuals with HIV/AIDS, with particular empha-
sis on treatment to African-Americans and children 
with HIV/AIDS. 
‘‘(4) Development and implementation of pro-
grams to increase the use of telemedicine to respond 
to HIV/AIDS-specific health care needs in rural and 
minority communities, with particular emphasis 
given to medically underserved communities and the 
southern States. 
‘‘(5) Creation of faith- and community-based 
certification programs for providers in HIV/AIDS 
care and support services. 
‘‘(6) Establishment of comfort care centers that 
provide mental, emotional, and psychosocial coun-
seling for people with HIV/AIDS and implement ad-
ditional protocols to be carried out in the centers 
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that address the needs of children and young adults 
who are infected with the disease and are 
transitioning from childhood to adulthood. 
‘‘(7) Incentive payments to health care pro-
viders supported by the Health Resources and Serv-
ices Administration to implement HIV/AIDS testing 
consistent with the guidelines issued in 2006 by the 
Centers for Disease Control and Prevention entitled 
‘Revised Recommendations for HIV Testing of 
Adults, Adolescents, and Pregnant Women in 
Health-Care Settings’. 
‘‘(b) DEFINITION.—In this section, the term ‘HIV/ 
AIDS’ has the meaning given to such term in section 
2689. 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there are authorized to be appro-
priated $100,000,000 for fiscal year 2012, and such sums 
as may be necessary for fiscal years 2013 through 2016.’’. 
(n) REPORT ON IMPACT OF HIV/AIDS IN THE AFRI-
CAN-AMERICAN COMMUNITY.— 
(1) IN GENERAL.—The Secretary shall submit 
to Congress and the President an annual report on 
the impact of HIV/AIDS in the African-American 
community. 
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(2) CONTENTS.—The report under subsection 
(a) shall include information on the— 
(A) progress that has been made in reduc-
ing the impact of HIV/AIDS in such commu-
nity; 
(B) opportunities that exist to make addi-
tional progress in reducing the impact of HIV/ 
AIDS in such community; 
(C) challenges that may impede such addi-
tional progress; and 
(D) Federal funding necessary to achieve 
substantial reductions in HIV/AIDS in the Afri-
can-American community. 
SEC. 749. REDUCING THE SPREAD OF SEXUALLY TRANS-
MITTED INFECTIONS IN CORRECTIONAL FA-
CILITIES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Justice for the Unprotected Against Sexually Trans-
mitted Infections among the Confined and Exposed Act’’ 
or the ‘‘JUSTICE Act’’. 
(b) FINDINGS.—The Congress makes the following 
findings: 
(1) According to the Bureau of Justice Statis-
tics (BJS), 2,292,133 persons were incarcerated in 
the United States as of the end of 2009. Between 
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1998 and 2008, the number of persons incarcerated 
in Federal or State correctional facilities increased 
by an average of 2.4 percent per year. One in every 
32 United States residents was on probation, in jail 
or prison, or on parole at the end of 2009. 
(2) As of 2009, 66.8 percent of incarcerated 
persons were racial or ethnic minorities. Based on 
current incarceration rates, BJS estimates that Afri-
can-American males are 6 times more likely to be 
held in custody than White males, while Hispanic 
males are a little more than 2 times more likely to 
be held in custody. Across all age categories, Afri-
can-American males were incarcerated at higher 
rates than Hispanic or White males. 
(3) There is a disproportionately high rate of 
HIV/AIDS among incarcerated persons, especially 
among minorities. Approximately 25 percent of the 
HIV-positive population of the United States passes 
through correctional facilities each year. BJS has 
determined that the rate of confirmed AIDS cases is 
2.4 times higher among incarcerated persons than in 
the general population. Minorities account for the 
majority of AIDS-related deaths among incarcerated 
persons, with African-American incarcerated persons 
2.8 times more likely than White incarcerated per-
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sons and 1.4 times more likely than Hispanic incar-
cerated persons to die from AIDS-related causes. 
Nearly two-thirds of AIDS-related deaths are among 
Black, non-Hispanic males. 
(4) Studies suggest that other sexually trans-
mitted 
infections 
(STIs), 
such 
as 
gonorrhea, 
chlamydia, syphilis, genital herpes, viral hepatitis, 
and human papillomavirus, also exist at a higher 
rate among incarcerated persons than in the general 
population. For instance, researchers have estimated 
that the rate of hepatitis C (HCV) infection among 
incarcerated persons is somewhere between 8 and 20 
times higher than that of the general population. 
(5) Correctional facilities lack a uniform system 
of STI testing and reporting. Establishing a uniform 
data collection system would assist in developing and 
targeting counseling and treatment programs for in-
carcerated persons. Better developed and targeted 
programs may reduce the spread of STIs. 
(6) Although Congress has acted to reduce the 
spread of sexual violence in correctional facilities by 
enacting the National Prison Rape Elimination Act 
(PREA) of 2003, BJS reported that approximately 
4.4 percent of incarcerated persons in prisons and 
3.1 percent of persons in jail reported experiencing 
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one or more incidents of sexual victimization by an-
other incarcerated person or correctional facility 
staff in the previous year. 
(7) Approximately 95 percent of all incarcer-
ated persons eventually return to society. According 
to one study, every year approximately 100,000 per-
sons infected with both HIV and HCV are released 
from correctional facilities. These individuals com-
prise approximately 50 percent of all persons with 
both infections in the United States. 
(8) According to the Centers for Disease Con-
trol and Prevention (CDC), latex condoms, when 
used consistently and correctly, are highly effective 
in preventing the transmission of HIV. Latex 
condoms also reduce the risk of other STIs. Despite 
the effectiveness of condoms in reducing the spread 
of STIs, the Bureau of Prisons does not recommend 
their use in correctional facilities. 
(9) The distribution of condoms in correctional 
facilities is currently legal in certain parts of the 
United States and the world. The States of Vermont 
and Mississippi and the District of Columbia allow 
condom distribution programs in their correctional 
facilities. The cities of New York, San Francisco, 
Los Angeles, Washington DC, and Philadelphia also 
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allow condom distribution in their correctional facili-
ties. However, these States and cities operate fewer 
than 1 percent of all correctional facilities. 
(10) A 2007 report by the Massachusetts Gen-
eral Hospital Division of Infectious Diseases and the 
University of California, San Francisco, found that 
the proportion of European prison systems allowing 
condoms rose from 53 percent in 1989 to 81 percent 
in 1997. The same report also found that no prison 
system allowing the distribution of condoms had re-
versed their decision, and no prison system reported 
an increase in sexual activity among incarcerated 
persons as a result of a decision to allow condom 
distribution. 
(11) In 2000 and 2001, researchers surveyed 
300 incarcerated persons and 100 correctional offi-
cers at the Central Detention Facility, a correctional 
facility operated by the District of Columbia at 
which condoms are available. Researchers found that 
both incarcerated persons and correctional officers 
generally supported the condom distribution pro-
gram and considered it to be important. Further-
more, the researchers determined that the program 
had not caused any major security infractions. In 
Canada, the Expert Committee on AIDS and Pris-
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ons surveyed more than 400 correctional officers in 
the Federal prison system of Canada in 1995 and 
reported that 82 percent of those responding indi-
cated that the availability of condoms had created no 
problems at their facility. 
(12) The American Public Health Association, 
the United Nations Joint Program on HIV/AIDS, 
and the World Health Organization have endorsed 
the effectiveness of condom distribution programs in 
correctional facilities. 
(13) Many correctional facilities in the United 
States do not provide comprehensive testing and 
treatment programs to reduce the spread of STIs. 
According to BJS surveys from 2005, only 996 of 
the 1,821 Federal and State correctional facilities 
(i.e. 54.7 percent) provided HIV/AIDS counseling 
programs. 
(14) Individuals who are enrolled in Medicaid 
prior to incarceration face a suspension of their ben-
efits upon incarceration, and in some States a termi-
nation of their Medicaid eligibility. The Federal Gov-
ernment encourages States to automatically re-enroll 
incarcerated persons on Medicaid upon their release 
from a correctional facility, unless the State reaches 
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a determination that the individual is no longer eligi-
ble for reasons other than their prior incarceration. 
(15) Formerly incarcerated individuals who are 
newly released from correctional facilities often face 
delays in the resumption of their Medicaid benefits 
which may exacerbate any health issues which they 
face. 
(16) Incarcerated individuals living with HIV/ 
AIDS who are eligible for Medicaid would benefit 
from prompt and automatic enrollment upon their 
release in order to ensure their continued ability to 
access health services, including antiretroviral treat-
ment. 
(c) 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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471 
regulations which govern visitation in correctional 
facilities. 
(2) INFORMATION
REQUIREMENT.—Any com-
munity organization permitted to distribute sexual 
barrier protection devices under paragraph (1) must 
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) 
must 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. 
(d) 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 devices in State correctional facilities to reduce 
the prevalence and spread of STIs in those facilities. 
(e) AUTOMATIC REINSTATEMENT OF MEDICAID BEN-
EFITS.— 
(1) IN GENERAL.—Section 1902(e) of the So-
cial Security Act (42 U.S.C. 1396a(e)) is amended 
by adding at the end the following: 
‘‘(15) 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 if— 
‘‘(I) such individual is scheduled 
to be released from a public institu-
tion due to the completion of sen-
tence, not less than 30 days prior to 
the scheduled date of the release; and 
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‘‘(II) such individual is to be re-
leased from a public institution on pa-
role or on probation, as soon as pos-
sible after the date on which the de-
termination to release such individual 
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— 
‘‘(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-
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474 
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 the subpara-
graph (A), following paragraph (29), of 
section 1905(a). 
‘‘(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 
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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. 
‘‘(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 
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476 
a program application from, or on behalf of, the 
eligible individual, but an individual can 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. 
‘‘(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.’’. 
(2) SUPPLEMENTAL FUNDING FOR STATE IM-
PLEMENTATION OF AUTOMATIC REINSTATEMENT OF 
MEDICAID BENEFITS.— 
(A) IN GENERAL.—Subject to paragraph 
(6), for each State for which the Secretary of 
Health and Human Services has approved an 
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477 
application under paragraph (3), the Federal 
matching payments (including payments based 
on the Federal medical assistance percentage) 
made to such State under section 1903 of the 
Social Security Act (42 U.S.C. 1396b) shall be 
increased by 5.0 percentage points for pay-
ments to the State for the activities permitted 
under paragraph (2) for a period of one year. 
(B) USE OF FUNDS.—A State may only 
use increased matching payments authorized 
under paragraph (1)— 
(i) to strengthen the State’s enroll-
ment and administrative resources for the 
purpose of improving processes for enroll-
ing (or reinstating the enrollment of) eligi-
ble individuals (as such term is defined in 
section 1902(e)(15)(E) of the Social Secu-
rity Act); and 
(ii) for medical assistance (as such 
term is defined in section 1905(a) of the 
Social Security Act) provided to such eligi-
ble individuals. 
(C) APPLICATION AND AGREEMENT.—The 
Secretary may only make payments to a State 
in the increased amount if— 
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(i) the State has amended the State 
plan under section 1902 of the Social Se-
curity Act to incorporate the requirements 
of subsection (e)(15) of such section; 
(ii) the State has submitted an appli-
cation to the Secretary that includes a plan 
for implementing the requirements of sec-
tion 1902(e)(15) of the Social Security Act 
under the State’s amended State plan be-
fore the end of the 90-day period begin-
ning on the date that the State receives in-
creased matching payments under para-
graph (1); 
(iii) the State’s application meets the 
satisfaction of the Secretary; and 
(iv) 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 
permitted 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 con-
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tains the information required under 
paragraph (4). 
(D) REQUIRED
REPORT
INFORMATION.— 
The information that is required in the report 
under paragraph (3)(D)(ii) includes— 
(i) the results of an evaluation of the 
impact of the implementation of the re-
quirements of section 1902(e)(15) of the 
Social Security Act on improving the 
State’s processes for enrolling of individ-
uals who are released for public institu-
tions into the Medicaid program; 
(ii) the number of individuals who 
were automatically enrolled (or whose en-
rollment is reinstated) under such section 
1902(e)(15) during the period under para-
graph (1); and 
(iii) any other information that is re-
quired by the Secretary. 
(E) INCREASE IN CAP ON MEDICAID PAY-
MENTS
TO
TERRITORIES.—Subject to para-
graph (6), the amounts otherwise determined 
for Puerto Rico, the United States Virgin Is-
lands, Guam, the Commonwealth of the North-
ern Mariana Islands, and American Samoa 
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‘‘(1) Development of curricula for training pri-
mary care providers in HIV/AIDS prevention and 
care. 
‘‘(2) Training health care professionals with ex-
pertise in HIV/AIDS to provide care to individuals 
with HIV/AIDS. 
‘‘(3) Development by grant recipients under 
title XXVI and other persons of policies for pro-
viding culturally relevant and sensitive treatment to 
individuals with HIV/AIDS, with particular empha-
sis on treatment to racial and ethnic minorities, men 
who have sex with men, and women and children 
with HIV/AIDS. 
‘‘(4) Development and implementation of pro-
grams to increase the use of telemedicine to respond 
to HIV/AIDS-specific health care needs in rural and 
minority communities, with particular emphasis 
given to medically underserved communities and in-
sular areas. 
‘‘(5) Creation of faith- and community-based 
certification programs for providers in HIV/AIDS 
care and support services. 
‘‘(6) Establishment of comfort care centers that 
provide mental, emotional, and psychosocial coun-
seling for people with HIV/AIDS and implement ad-
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