[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2554 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2554

 To amend title 18 of the United States Code to require HIV testing of 
Federal prisoners about to be released, to direct the Attorney General 
of the United States and the Secretary of Health and Human Services to 
provide HIV/AIDS treatment for recently released Federal prisoners, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2007

  Ms. Watson introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 18 of the United States Code to require HIV testing of 
Federal prisoners about to be released, to direct the Attorney General 
of the United States and the Secretary of Health and Human Services to 
provide HIV/AIDS treatment for recently released Federal prisoners, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``After Care Act of 2007''.

SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED.

    Section 4014(a) of title 18, United States Code, is amended by 
adding at the end the following: ``The Attorney General shall cause 
each individual about to be released from a sentence of imprisonment 
for a Federal offense, other than those who have already tested 
positive for the human immunodeficiency virus, to be tested for the 
presence of that virus. If an individual is determined under the 
preceding sentence to test positive for the presence of the human 
immunodeficiency virus, the Attorney General shall inform the 
individual, prior to the individual's release, that the individual has 
tested positive for such virus and has an obligation to accept 
treatment through the program under section 4 of the After Care Act of 
2007.''.

SEC. 3. CONDITIONS OF SUPERVISED RELEASE.

    Section 3583(d) of title 18, United States Code, is amended by 
inserting after the 4th sentence the following: ``The court shall 
order, as explicit conditions of supervised release, that the defendant 
accept treatment through the program under section 4 of the After Care 
Act of 2007 and provide notice to any prospective sexual partner that 
the defendant has tested positive for the presence of the human 
immunodeficiency virus before engaging in any sex act with such 
partner, if the Attorney General informs the defendant before the 
defendant's release from prison that the defendant has tested positive 
for the presence of the human immunodeficiency virus and it will be the 
obligation of the defendant to accept such treatment and provide such 
notice.''.

SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL 
              PRISONERS.

    (a) Establishment.--The Attorney General of the United States and 
the Secretary of Health and Human Services, acting jointly, shall 
establish and maintain a program to provide to each eligible individual 
treatment for HIV/AIDS throughout the treatment period.
    (b) Consultation.--In carrying out this section, the Attorney 
General of the United States and the Secretary of Health and Human 
Services shall consult with the Director of the Centers for Disease 
Control and Prevention, the Administrator of the Health Resources and 
Services Administration, and the Administrator of the Centers for 
Medicare & Medicaid Services.
    (c) Program Requirements.--The program established under subsection 
(a) shall provide for the following:
            (1) Each eligible individual shall be provided with 
        treatment for HIV/AIDS throughout the treatment period.
            (2) Prior to the eligible individual's release by the 
        Bureau of Prisons, a culturally competent health care provider 
        shall be assigned to the individual--
                    (A) to formulate a medical discharge plan for the 
                individual; and
                    (B) to continue to provide support services to the 
                individual throughout the treatment period.
            (3) A discharge plan under paragraph (2)(A) shall include--
                    (A) completion of the procedural requirements 
                necessary to establish eligibility for benefits under 
                government programs, such as Medicaid, in sufficient 
                time so that such eligibility has been established 
                prior to release;
                    (B) provision of government-issued identification; 
                and
                    (C) provision to the eligible individual and to the 
                health care provider assigned to the individual under 
                paragraph (2) of copies of all medical documents 
                relating to the individual's treatment while 
                incarcerated, including copies of prescriptions.
            (4) Prior to the eligible individual's release by the 
        Bureau of Prisons--
                    (A) a determination shall be made as to whether the 
                individual will be homeless upon release; and
                    (B) if the individual would otherwise be homeless 
                upon release, arrangements shall be made for safe and 
                appropriate housing for the individual.
            (5) Prior to the eligible individual's release by the 
        Bureau of Prisons, the health care provider assigned to the 
        individual under paragraph (2) shall schedule a medical 
        appointment for the individual.
            (6) Prior to the eligible individual's release by the 
        Bureau of Prisons--
                    (A) the individual shall be provided with a one to 
                two week supply of medications for treatment for HIV/
                AIDS; and
                    (B) to minimize the risk of such medications being 
                resold--
                            (i) if the individual is receiving pain 
                        medication while incarcerated, the individual 
                        shall be tested to determine whether the 
                        individual has been taking or selling the 
                        medication; and
                            (ii) the medications provided under 
                        subparagraph (A) shall be provided in a form, 
                        such as open boxes, that is more difficult to 
                        sell.
            (7) At the point of the eligible individual's release by 
        the Bureau of Prisons, the individual--
                    (A) shall be met and escorted to the services 
                necessary for treatment for HIV/AIDS; and
                    (B) shall be provided with any appropriate 
                emergency assistance, such as appropriate clothing.
            (8) During the treatment period--
                    (A) the eligible individual shall be provided with 
                a contact for his or her first medical appointment and, 
                if necessary, arrangements shall be made for subsequent 
                appointments;
                    (B) the individual shall be provided with treatment 
                adherence services to help the individual understand 
                and adhere to the applicable medical regimen;
                    (C) the individual shall be provided, as determined 
                necessary, with access to substance abuse treatment and 
                to mental health services; and
                    (D) a skilled and culturally competent case manager 
                and counselor shall be assigned to work with the 
                individual to ensure that needed support services are 
                obtained, medical appointments are kept, and the 
                individual is supported through the difficult 
                transition from incarceration to the streets.
            (9) Before the end of the treatment period, the health care 
        provider assigned to the eligible individual under paragraph 
        (2) shall arrange for the continuation of treatment for HIV/
        AIDS after such period.
    (d) Definitions.--In this section:
            (1) The term ``eligible individual'' means an individual 
        who--
                    (A) is released from a sentence of imprisonment for 
                a Federal offense; and
                    (B) at the time of such release, tests positive for 
                the presence of the human immunodeficiency virus.
            (2) The term ``treatment for HIV/AIDS'' means treatment for 
        human immunodeficiency virus or acquired immune deficiency 
        syndrome. Such treatment includes health care (including the 
        provision of medication), counseling, and education.
            (3) The term ``treatment period'' means the period--
                    (A) beginning on the date of the individual's 
                release by the Bureau of Prisons; and
                    (B) ending on the date that is 2 years after such 
                date of release.
    (e) Applicability.--This section applies only with respect to 
eligible individuals released on or after the dates that is 60 days 
after the date of the enactment of this Act.
    (f) Funding.--For fiscal year 2008 and each subsequent fiscal year, 
there shall be appropriated such sums as may be necessary to carry out 
this section.

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

    (a) Prohibition.--A person receiving HIV/AIDS medication, including 
antiretrovirals, through a Federal program shall not sell, or trade for 
any benefit, such medication.
    (b) Enforcement.--If a person violates subsection (a), the Federal 
official responsible for the program involved shall prohibit the person 
from receiving any additional HIV/AIDS medication through such program, 
unless the person agrees to abide by the following:
            (1) The person will receive such medication only through a 
        pharmacy that has been designated by the Secretary of Health 
        and Human Services as a specialty HIV pharmacy.
            (2) The person will receive counseling to help him or her 
        understand and adhere to the applicable medical regimen.
    (c) Designation of Specialty HIV Pharmacies.--For purposes of 
subsection (b)(1), the Secretary of Health and Human Services shall 
designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees 
to take such actions as may be determined necessary by the Secretary to 
prevent persons who receive HIV/AIDS medication from violating 
subsection (a).
    (d) Definition.--In this section, the term ``HIV/AIDS medication'' 
means medication to treat the person involved for human 
immunodeficiency virus, acquired immune deficiency syndrome, or related 
symptoms.
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