[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>