[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2599 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2599

To reduce the spread of sexually transmitted infections in correctional 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2013

Ms. Lee of California (for herself, Ms. Clarke, Mr. Rangel, Ms. Wilson 
of Florida, Mr. Serrano, Ms. Norton, Ms. Jackson Lee, Mr. Ellison, Mr. 
    Lewis, and Ms. Waters) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Energy and Commerce and Financial Services, 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 reduce the spread of sexually transmitted infections in correctional 
                  facilities, 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 ``Justice for the Unprotected against 
Sexually Transmitted Infections among the Confined and Exposed Act'' or 
the ``JUSTICE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Authority to allow community organizations to provide STI 
                            counseling, STI prevention education, and 
                            sexual barrier protection devices in 
                            Federal correctional facilities.
Sec. 5. Sense of Congress regarding distribution of sexual barrier 
                            protection devices in State prison systems.
Sec. 6. Automatic enrollment or reinstatement of Medicaid benefits.
Sec. 7. Survey of and report on correctional and immigration detention 
                            facility programs aimed at reducing the 
                            spread of STIs.
Sec. 8. Strategy.
Sec. 9. Eligibility of persons discharged from correctional facilities 
                            for McKinney-Vento Act housing assistance.
Sec. 10. Definitions.
Sec. 11. Appropriations.

SEC. 3. FINDINGS.

    The Congress makes the following findings:
            (1) According to the Bureau of Justice Statistics (BJS), 
        2,239,800 persons were incarcerated in State or Federal prisons 
        or local jails in the United States as of the end of 2011. 
        Additionally, one in every 34 United States residents was on 
        probation, in jail or prison, or on parole. During 2011, the 
        Department of Homeland Security (DHS) confined an additional 
        642,000 people. DHS held 429,000 of them in immigration 
        detention facilities.
            (2) In 2010, 60 percent of incarcerated persons were racial 
        or ethnic minorities. In 2011, African-Americans males ages 18 
        to 19 were imprisoned at more than 9 times the rate of their 
        White counterparts. African-American men are incarcerated at a 
        rate more than 6 times that of White males, and 2.6 times that 
        of Hispanic males, despite similar rates of criminal activity.
            (3) There is a disproportionately high rate of HIV/AIDS 
        among incarcerated persons, especially among minorities. Rates 
        of HIV diagnoses among persons tested in prisons in 2004 were 
        higher in African-Americans and Hispanics than Whites. 
        Approximately 1 in 7 people living with HIV will pass through 
        the prison system each year.
            (4) In 2010, the AIDS-related death rate among prisoners 
        was more than 4 times higher among African-Americans compared 
        to Whites.
            (5) Studies suggest that other sexually transmitted 
        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. According to the Centers for Disease 
        Control and Prevention, 16 percent to 41 percent of 
        incarcerated persons have been infected with hepatitis C 
        (compared to 1 percent to 1.5 percent of the general 
        population), and 12 percent to 35 percent of incarcerated 
        persons are chronically infected with hepatitis C.
            (6) 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.
            (7) Individuals who are enrolled in Medicaid prior to 
        incarceration, including those who are pending disposition and 
        have not had a trial yet, face a suspension of their benefits 
        upon incarceration, and in some States a termination of their 
        Medicaid eligibility. The Federal Government encourages States 
        to automatically re-enroll incarcerated persons on Medicaid 
        upon their release from a correctional facility, unless the 
        State reaches a determination that the individual is no longer 
        eligible for reasons other than their prior incarceration.
            (8) 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.
            (9) 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 treatment.
            (10) 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 incarcerated persons and can help reduce 
        the spread of STIs.
            (11) 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 one or more incidents of sexual victimization by 
        another incarcerated person or correctional facility staff in 
        the previous year.
            (12) According to CDC, incarcerated persons do engage in 
        sexual intercourse. The CDC finds that correct and consistent 
        male or female condom use effectively reduces the risk of HIV 
        and STI transmission and recommends HIV education and 
        counseling in prisons.
            (13) Despite the effectiveness of condoms in reducing the 
        spread of HIV/AIDS and STIs, the Bureau of Prisons does not 
        recommend their use in correctional facilities.
            (14) 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 
        allow condom distribution in their correctional facilities. 
        However, these States and cities operate less than 1 percent of 
        all correctional facilities.
            (15) The American Public Health Association, National 
        Commission on Correctional Health Care (NCCHC), Human Rights 
        Watch, the United Nations Joint Program on HIV/AIDS, the United 
        Nations Office of Drugs and Crime, UNAIDS, and the World Health 
        Organization have endorsed the effectiveness of condom 
        distribution programs in correctional facilities. The Global 
        Commission on HIV and the Law further recognizes that the lack 
        of condoms exacerbates transmission risk.

SEC. 4. AUTHORITY TO ALLOW COMMUNITY ORGANIZATIONS TO PROVIDE STI 
              COUNSELING, STI PREVENTION EDUCATION, AND SEXUAL BARRIER 
              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 correctional facilities.
    (b) Information Requirement.--Any community organization permitted 
to distribute sexual barrier protection 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 protection 
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 Federal correctional 
facility may, because of the possession or use of a sexual barrier 
protection device--
            (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 devices in State correctional 
facilities to reduce the prevalence 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 Security 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
            (2) by adding at the end the following new paragraph:
            ``(16) Enrollment of ex-offenders.--
                    ``(A) Automatic enrollment or reinstatement.--
                            ``(i) In general.--The State plan shall 
                        provide for the automatic enrollment or 
                        reinstatement of enrollment of an eligible 
                        individual--
                                    ``(I) if such individual is 
                                scheduled to be released from a public 
                                institution due to the completion of 
                                sentence, 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 
                                individual was made, and before the 
                                date such individual is released.
                            ``(ii) 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 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 subparagraph 
                        (A)(ii), an eligible individual who is 
                        enrolled, or whose enrollment is reinstated, 
                        under subparagraph (A) shall be eligible for 
                        medical assistance that is provided after the 
                        date that the eligible individual is released 
                        from the public institution.
                            ``(ii) Relationship to payment prohibition 
                        for inmates.--No provision of this paragraph 
                        may be construed to permit payment for care or 
                        services for which payment is excluded under 
                        subparagraph (A) following paragraph (29) of 
                        section 1905(a).
                    ``(C) Treatment of continuous eligibility.--
                            ``(i) Suspension for inmates.--Any period 
                        of continuous eligibility under this title 
                        shall be suspended on the date an individual 
                        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 inmate of a 
                        public institution (except as a patient of a 
                        medical institution), subject to clause (iii), 
                        with respect to an eligible individual who was 
                        subject to a suspension under subclause (I), on 
                        the date that such individual is released from 
                        a public institution 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 period 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 reinstatement 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 signature, or through any other means 
                specified by the Secretary.
                    ``(E) Eligible individual defined.--For purposes of 
                this paragraph, the term `eligible individual' means an 
                individual who is an inmate of a public institution 
                (except as a patient in a medical institution)--
                            ``(i) who was enrolled under the State plan 
                        for medical assistance immediately before 
                        becoming an inmate of such an institution; or
                            ``(ii) is diagnosed with human 
                        immunodeficiency virus.''.
    (b) Supplemental Funding for State Implementation of Automatic 
Reinstatement of Medicaid 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 (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 percentage points for payments to the State for 
        the activities permitted under paragraph (2) for a period of 
        one year.
            (2) Use of funds.--A State may only use increased matching 
        payments authorized under paragraph (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 Security Act (42 
                U.S.C. 1396d(a))) provided to such eligible 
                individuals.
            (3) Application and agreement.--The Secretary may only make 
        payments to a State in the increased 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 implementing such 
                requirements under the State's amended State plan 
                before the end of the 90-day period beginning on the 
                date that the State receives increased matching 
                payments under paragraph (1);
                    (C) the State's application meets the satisfaction 
                of the Secretary; and
                    (D) the State enters an agreement with the 
                Secretary that states that--
                            (i) the State will only use the increased 
                        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 contains the information required 
                        under paragraph (4).
            (4) Required report information.--The information that is 
        required in the report under paragraph (3)(D)(ii) includes--
                    (A) the results of an evaluation of the impact of 
                the implementation of the requirements of section 
                1902(e)(15) of the Social Security Act on improving the 
                State's processes for enrolling of individuals who are 
                released for public institutions into the Medicaid 
                program;
                    (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 subsections 
        (f) and (g) of section 1108 of the Social Security 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.--
                    (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 
                        restrictive 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 eligibility 
                        permitted.--A State that has restricted 
                        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)) 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 procedures 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 Secretary may not 
                waive the application of this subsection under section 
                1115 of the Social Security Act or otherwise.
                    (D) Limitation of matching payments to 100 
                percent.--In no case shall an increase in Federal 
                matching payments under this subsection 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 paragraph (2), the 
        amendments made by subsection (a) shall take effect 180 days 
        after the date of the enactment of this Act and shall apply to 
        services furnished on or after such date.
            (2) Rule for changes requiring state legislation.--In the 
        case of a State plan for medical assistance under title XIX of 
        the Social Security Act which the Secretary of Health and Human 
        Services 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 enactment 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.

SEC. 7. SURVEY OF AND REPORT ON CORRECTIONAL AND IMMIGRATION DETENTION 
              FACILITY PROGRAMS AIMED AT REDUCING THE SPREAD OF STIS.

    (a) Survey.--The Attorney General and the Secretary of Homeland 
Security, after consulting with the Secretary of Health and Human 
Services, State officials, and community organizations, shall, to the 
maximum extent 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 training 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, information, or 
        training--
                    (A) constitutes comprehensive sex education;
                    (B) is compulsory for new incarcerated persons and 
                detainees and for new staff; and
                    (C) is offered on an ongoing basis.
            (2) Access to sexual barrier protection devices.--Whether 
        incarcerated persons and detainees can--
                    (A) possess sexual barrier protection devices;
                    (B) purchase sexual barrier protection devices;
                    (C) purchase sexual barrier protection devices at a 
                reduced cost; and
                    (D) obtain sexual barrier protection devices 
                without cost.
            (3) Incidence of sexual violence.--The incidence of sexual 
        violence and assault committed by incarcerated persons and 
        detainees, and by staff of correctional and immigration 
        detention facilities.
            (4) Counseling, treatment, and supportive 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 persons 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 incarcerated persons 
        and detainees who are tested for STIs and the outcome of such 
        tests at each correctional or immigration detention facility, 
        disaggregated to include results for--
                    (A) the type of sexually transmitted infection 
                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.--Whether 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 organizations or public health facilities 
        offering STI-related or other health services provided to 
        incarcerated persons and detainees prior to release, and the 
        type of counseling or treatment for which the referral was 
        made.
            (9) Reinstatement of medicaid benefits.--Whether the 
        correctional facility assists incarcerated persons that were 
        enrolled in the State Medicaid program prior to their 
        incarceration, in reinstating their enrollment upon release and 
        whether such individuals receive referrals as provided by 
        paragraph (8) to entities that accept the State Medicaid 
        program, including if applicable--
                    (A) the number of such individuals, including those 
                diagnosed with the human immunodeficiency virus, that 
                have been reinstated;
                    (B) a list of obstacles to reinstating enrollment 
                or to making determinations of eligibility for 
                reinstatement, if any; and
                    (C) the number of individuals denied enrollment.
            (10) Other actions taken.--Whether the correctional or 
        immigration detention facility has taken any other action, in 
        conjunction with community organizations or otherwise, to 
        reduce the prevalence and spread of STIs in that facility.
    (b) Privacy.--In conducting the survey under subsection (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 regarding an STI (including information about sexual 
barrier protection devices), or who has tested positive for an STI.
    (c) Report.--The Attorney General and the Secretary of Homeland 
Security shall transmit to Congress and make publicly available the 
results of the survey required under subsection (a), both for the 
Nation as a whole and disaggregated as to each State and each 
correctional 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 Attorney General, in 
consultation with the Secretary of Health and Human Services, State 
officials, and community 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 extent possible, the 
strategy shall be developed, transmitted 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 include the 
following:
            (1) Prevention education.--A plan for improving prevention 
        education, information, and training offered to incarcerated 
        persons and correctional facility staff, including information 
        and training on sexual violence and the spread of STIs, and 
        comprehensive sex education.
            (2) Sexual barrier protection device access.--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 supportive services related 
        to STIs in correctional facilities.
            (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 guidelines 
                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 testing 
                positive for STIs receive posttest counseling, 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 reduce 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 facilities.--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 programs.--Plans to 
        ensure that incarcerated persons who were--
                    (A) enrolled in their State Medicaid program prior 
                to incarceration in a correctional facility are 
                automatically re-enrolled in such program upon their 
                release; and
                    (B) not enrolled in their State Medicaid program 
                prior to incarceration, but who are diagnosed with the 
                human immunodeficiency virus while incarcerated in a 
                correctional facility, are automatically enrolled in 
                such program upon their release.
            (11) Other plans.--Any other plans developed 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 system that 
        establishes performance goals related to reducing the 
        prevalence and spread of STIs in correctional facilities and 
        which, where feasible, expresses such goals in quantifiable 
        form.
            (13) Monitoring system performance indicators.--Performance 
        indicators that measure or assess the achievement of the 
        performance goals described 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, including the amount of funds required 
        by community organizations to implement the parts of the 
        strategy in which they take part.
    (c) Report.--The Attorney General shall transmit to Congress and 
make publicly available an annual progress report regarding the 
implementation and effectiveness of the strategy described in 
subsection (a). The progress report shall include an evaluation of the 
implementation 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 CORRECTIONAL FACILITIES 
              FOR MCKINNEY-VENTO ACT HOUSING ASSISTANCE.

    Section 401 of the McKinney-Vento Homeless Assistance 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 following 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 or act 
                of juvenile delinquency within any State; and
                    ``(B) has been diagnosed with any sexually 
                transmitted infection (as such term is defined in 
                section 10 of the JUSTICE Act).''.

SEC. 10. DEFINITIONS.

    For the purposes of this Act:
            (1) Community organization.--The term ``community 
        organization'' means a public health care facility or a 
        nonprofit organization which provides health- or STI-related 
        services according to established public health standards.
            (2) Comprehensive sex education.--The term ``comprehensive 
        sex education'' means a program that--
                    (A) includes age- and developmentally appropriate, 
                culturally and linguistically relevant information on a 
                broad set of topics related to sexuality including 
                human development, relationships, decisionmaking, 
                communication, abstinence, contraception, and disease 
                and pregnancy prevention;
                    (B) provides students with opportunities for 
                developing skills as well as learning information;
                    (C) is inclusive of lesbian, gay, bisexual, 
                transgender, and heterosexual young people; and
                    (D) aims to--
                            (i) provide scientifically accurate and 
                        realistic information about human sexuality;
                            (ii) provide opportunities for individuals 
                        to understand their own, their families', and 
                        their communities' values, attitudes, and 
                        insights about sexuality;
                            (iii) help individuals develop healthy 
                        relationships and interpersonal skills; and
                            (iv) help individuals exercise 
                        responsibility regarding sexual relationships, 
                        which includes addressing abstinence, pressures 
                        to become prematurely involved in sexual 
                        intercourse, and the use of contraception and 
                        other sexual health measures.
            (3) Correctional facility.--The term ``correctional 
        facility'' means any prison, penitentiary, adult detention 
        facility, juvenile detention facility, jail, or other facility 
        to which persons may be sent after conviction of a crime or act 
        of juvenile delinquency within the United States.
            (4) Detainee.--The term ``detainee'' means any person held 
        by the Department of Homeland Security whether in criminal or 
        civil confinement.
            (5) Immigration detention facility.--The term ``immigration 
        detention facility'' means a confinement facility operated by 
        or pursuant to contract with U.S. Immigration and Customs 
        Enforcement (ICE) that routinely holds persons pending 
        resolution or completion of immigration removal operations or 
        processes, including facilities that are operated by ICE, 
        facilities that provide detention services under a contract 
        awarded by ICE, or facilities used by ICE pursuant to an 
        Intergovernmental Service Agreement.
            (6) Incarcerated person.--The term ``incarcerated person'' 
        means any person who is serving a sentence in a correctional 
        facility after conviction of a crime.
            (7) Sexually transmitted infection.--The term ``sexually 
        transmitted infection'' or ``STI'' means any disease or 
        infection that is commonly transmitted through sexual activity, 
        including HIV/AIDS, gonorrhea, chlamydia, syphilis, genital 
        herpes, viral hepatitis, and human papillomavirus.
            (8) Sexual barrier protection device.--The term ``sexual 
        barrier protection device''--
                    (A) means any Food and Drug Administration-approved 
                physical device which has not been tampered with and 
                which reduces the probability of STI transmission or 
                infection between sexual partners, including female 
                condoms, male condoms, and dental dams; and
                    (B) includes water-based lubricants that have been 
                shown to reduce the probability of condom breakage.
            (9) State.--The term ``State'' includes the District of 
        Columbia, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, Puerto Rico, and the United States 
        Virgin Islands.

SEC. 11. APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for each of the fiscal years 
2014 through 2020.
    (b) Availability of Funds.--Amounts made available under subsection 
(a) are authorized to remain available until expended.
                                 <all>