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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3547 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3547

    To provide for an effective HIV/AIDS program in Federal prisons.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2011

Ms. Waters (for herself, Mr. Conyers, Mr. Scott of Virginia, Ms. Lee of 
California, Mrs. Christensen, Mr. Frank of Massachusetts, Mr. Grijalva, 
 Mr. Towns, Ms. Speier, Ms. Wilson of Florida, Mr. Clarke of Michigan, 
 Ms. Norton, Mr. Clay, Ms. Brown of Florida, Mr. Rangel, Mr. Davis of 
    Illinois, Mr. Hastings of Florida, Mr. Jackson of Illinois, Ms. 
Richardson, Mr. Johnson of Georgia, Mrs. Maloney, Mr. Lewis of Georgia, 
    Mr. Cleaver, Ms. Woolsey, Mr. Al Green of Texas, Mr. Payne, Mr. 
  Ellison, Mr. Filner, Mr. Gutierrez, Mr. Honda, Ms. Schakowsky, Mr. 
 Blumenauer, Mr. Watt, and Mr. Serrano) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To provide for an effective HIV/AIDS program in Federal prisons.

    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 ``Stop AIDS in Prison Act of 2011''.

SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.

    (a) In General.--The Bureau of Prisons (hereinafter in this Act 
referred to as the ``Bureau'') shall develop a comprehensive policy to 
provide HIV testing, treatment, and prevention for inmates within the 
correctional setting and upon reentry.
    (b) Purpose.--The purposes of this policy shall be as follows:
            (1) To stop the spread of HIV/AIDS among inmates.
            (2) To protect prison guards and other personnel from HIV/
        AIDS infection.
            (3) To provide comprehensive medical treatment to inmates 
        who are living with HIV/AIDS.
            (4) To promote HIV/AIDS awareness and prevention among 
        inmates.
            (5) To encourage inmates to take personal responsibility 
        for their health.
            (6) To reduce the risk that inmates will transmit HIV/AIDS 
        to other persons in the community following their release from 
        prison.
    (c) Consultation.--The Bureau shall consult with appropriate 
officials of the Department of Health and Human Services, the Office of 
National Drug Control Policy, the Office of National AIDS Policy, and 
the Centers for Disease Control regarding the development of this 
policy.
    (d) Time Limit.--The Bureau shall draft appropriate regulations to 
implement this policy not later than 1 year after the date of the 
enactment of this Act.

SEC. 3. REQUIREMENTS FOR POLICY.

    The policy created under section 2 shall do the following:
            (1) Testing and counseling upon intake.--
                    (A) Health care personnel shall provide routine HIV 
                testing to all inmates as a part of a comprehensive 
                medical examination immediately following admission to 
                a facility. (Health care personnel need not provide 
                routine HIV testing to an inmate who is transferred to 
                a facility from another facility if the inmate's 
                medical records are transferred with the inmate and 
                indicate that the inmate has been tested previously.)
                    (B) To all inmates admitted to a facility prior to 
                the effective date of this policy, health care 
                personnel shall provide routine HIV testing within no 
                more than 6 months. HIV testing for these inmates may 
                be performed in conjunction with other health services 
                provided to these inmates by health care personnel.
                    (C) All HIV tests under this paragraph shall comply 
                with the opt-out provision.
            (2) Pre-test and post-test counseling.--Health care 
        personnel shall provide confidential pre-test and post-test 
        counseling to all inmates who are tested for HIV. Counseling 
        may be included with other general health counseling provided 
        to inmates by health care personnel.
            (3) HIV/AIDS prevention education.--
                    (A) Health care personnel shall improve HIV/AIDS 
                awareness through frequent educational programs for all 
                inmates. HIV/AIDS educational programs may be provided 
                by community based organizations, local health 
                departments, and inmate peer educators.
                    (B) HIV/AIDS educational materials shall be made 
                available to all inmates at orientation, at health care 
                clinics, at regular educational programs, and prior to 
                release. Both written and audio-visual materials shall 
                be made available to all inmates.
                    (C)(i) The HIV/AIDS educational programs and 
                materials under this paragraph shall include 
                information on--
                            (I) modes of transmission, including 
                        transmission through tattooing, sexual contact, 
                        and intravenous drug use;
                            (II) prevention methods;
                            (III) treatment; and
                            (IV) disease progression.
                    (ii) The programs and materials shall be culturally 
                sensitive, written or designed for low literacy levels, 
                available in a variety of languages, and present 
                scientifically accurate information in a clear and 
                understandable manner.
            (4) HIV testing upon request.--
                    (A) Health care personnel shall allow inmates to 
                obtain HIV tests upon request once per year or whenever 
                an inmate has a reason to believe the inmate may have 
                been exposed to HIV. Health care personnel shall, both 
                orally and in writing, inform inmates, during 
                orientation and periodically throughout incarceration, 
                of their right to obtain HIV tests.
                    (B) Health care personnel shall encourage inmates 
                to request HIV tests if the inmate is sexually active, 
                has been raped, uses intravenous drugs, receives a 
                tattoo, or if the inmate is concerned that the inmate 
                may have been exposed to HIV/AIDS.
                    (C) An inmate's request for an HIV test shall not 
                be considered an indication that the inmate has put 
                him/herself at risk of infection and/or committed a 
                violation of prison rules.
            (5) HIV testing of pregnant woman.--
                    (A) Health care personnel shall provide routine HIV 
                testing to all inmates who become pregnant.
                    (B) All HIV tests under this paragraph shall comply 
                with the opt-out provision.
            (6) Comprehensive treatment.--
                    (A) Health care personnel shall provide all inmates 
                who test positive for HIV--
                            (i) timely, comprehensive medical 
                        treatment;
                            (ii) confidential counseling on managing 
                        their medical condition and preventing its 
                        transmission to other persons; and
                            (iii) voluntary partner notification 
                        services.
                    (B) Health care provided under this paragraph shall 
                be consistent with current Department of Health and 
                Human Services guidelines and standard medical 
                practice. Health care personnel shall discuss treatment 
                options, the importance of adherence to antiretroviral 
                therapy, and the side effects of medications with 
                inmates receiving treatment.
                    (C) Health care personnel and pharmacy personnel 
                shall ensure that the facility formulary contains all 
                Food and Drug Administration-approved medications 
                necessary to provide comprehensive treatment for 
                inmates living with HIV/AIDS, and that the facility 
                maintains adequate supplies of such medications to meet 
                inmates' medical needs. Health care personnel and 
                pharmacy personnel shall also develop and implement 
                automatic renewal systems for these medications to 
                prevent interruptions in care.
                    (D) Correctional staff, health care personnel, and 
                pharmacy personnel shall develop and implement 
                distribution procedures to ensure timely and 
                confidential access to medications.
            (7) Protection of confidentiality.--
                    (A) Health care personnel shall develop and 
                implement procedures to ensure the confidentiality of 
                inmate tests, diagnoses, and treatment. Health care 
                personnel and correctional staff shall receive regular 
                training on the implementation of these procedures. 
                Penalties for violations of inmate confidentiality by 
                health care personnel or correctional staff shall be 
                specified and strictly enforced.
                    (B) HIV testing, counseling, and treatment shall be 
                provided in a confidential setting where other routine 
                health services are provided and in a manner that 
                allows the inmate to request and obtain these services 
                as routine medical services.
            (8) Testing, counseling, and referral prior to reentry.--
                    (A) Health care personnel shall provide routine HIV 
                testing to all inmates no more than 3 months prior to 
                their release and reentry into the community. (Inmates 
                who are already known to be infected need not be tested 
                again.) This requirement may be waived if an inmate's 
                release occurs without sufficient notice to the Bureau 
                to allow health care personnel to perform a routine HIV 
                test and notify the inmate of the results.
                    (B) All HIV tests under this paragraph shall comply 
                with the opt-out provision.
                    (C) To all inmates who test positive for HIV and 
                all inmates who already are known to have HIV/AIDS, 
                health care personnel shall provide--
                            (i) confidential prerelease counseling on 
                        managing their medical condition in the 
                        community, accessing appropriate treatment and 
                        services in the community, and preventing the 
                        transmission of their condition to family 
                        members and other persons in the community;
                            (ii) referrals to appropriate health care 
                        providers and social service agencies in the 
                        community that meet the inmate's individual 
                        needs, including voluntary partner notification 
                        services and prevention counseling services for 
                        people living with HIV/AIDS; and
                            (iii) a 30-day supply of any medically 
                        necessary medications the inmate is currently 
                        receiving.
            (9) Opt-out provision.--Inmates shall have the right to 
        refuse routine HIV testing. Inmates shall be informed both 
        orally and in writing of this right. Oral and written 
        disclosure of this right may be included with other general 
        health information and counseling provided to inmates by health 
        care personnel. If an inmate refuses a routine test for HIV, 
        health care personnel shall make a note of the inmate's refusal 
        in the inmate's confidential medical records. However, the 
        inmate's refusal shall not be considered a violation of prison 
        rules or result in disciplinary action. Any reference in this 
        section to the ``opt-out provision'' shall be deemed a 
        reference to the requirement of this paragraph.
            (10) Exclusion of tests performed under section 4014(b) 
        from the definition of routine hiv testing.--HIV testing of an 
        inmate under section 4014(b) of title 18, United States Code, 
        is not routine HIV testing for the purposes of the opt-out 
        provision. Health care personnel shall document the reason for 
        testing under section 4014(b) of title 18, United States Code, 
        in the inmate's confidential medical records.
            (11) Timely notification of test results.--Health care 
        personnel shall provide timely notification to inmates of the 
        results of HIV tests.

SEC. 4. CHANGES IN EXISTING LAW.

    (a) Screening in General.--Section 4014(a) of title 18, United 
States Code, is amended--
            (1) by striking ``for a period of 6 months or more'';
            (2) by striking ``, as appropriate,''; and
            (3) by striking ``if such individual is determined to be at 
        risk for infection with such virus in accordance with the 
        guidelines issued by the Bureau of Prisons relating to 
        infectious disease management'' and inserting ``unless the 
        individual declines. The Attorney General shall also cause such 
        individual to be so tested before release unless the individual 
        declines.''.
    (b) Inadmissibility of HIV Test Results in Civil and Criminal 
Proceedings.--Section 4014(d) of title 18, United States Code, is 
amended by inserting ``or under the Stop AIDS in Prison Act of 2011'' 
after ``under this section''.
    (c) Screening as Part of Routine Screening.--Section 4014(e) of 
title 18, United States Code, is amended by adding at the end the 
following: ``Such rules shall also provide that the initial test under 
this section be performed as part of the routine health screening 
conducted at intake.''.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report on Hepatitis and Other Diseases.--Not later than 1 year 
after the date of the enactment of this Act, the Bureau shall provide a 
report to the Congress on Bureau policies and procedures to provide 
testing, treatment, and prevention education programs for hepatitis and 
other diseases transmitted through sexual activity and intravenous drug 
use. The Bureau shall consult with appropriate officials of the 
Department of Health and Human Services, the Office of National Drug 
Control Policy, the Office of National AIDS Policy, and the Centers for 
Disease Control regarding the development of this report.
    (b) Annual Reports.--
            (1) Generally.--Not later than 2 years after the date of 
        the enactment of this Act, and then annually thereafter, the 
        Bureau shall report to Congress on the incidence among inmates 
        of diseases transmitted through sexual activity and intravenous 
        drug use.
            (2) Matters pertaining to various diseases.--Reports under 
        paragraph (1) shall discuss--
                    (A) the incidence among inmates of HIV/AIDS, 
                hepatitis, and other diseases transmitted through 
                sexual activity and intravenous drug use; and
                    (B) updates on Bureau testing, treatment, and 
                prevention education programs for these diseases.
            (3) Matters pertaining to hiv/aids only.--Reports under 
        paragraph (1) shall also include--
                    (A) the number of inmates who tested positive for 
                HIV upon intake;
                    (B) the number of inmates who tested positive prior 
                to reentry;
                    (C) the number of inmates who were not tested prior 
                to reentry because they were released without 
                sufficient notice;
                    (D) the number of inmates who opted-out of taking 
                the test;
                    (E) the number of inmates who were tested under 
                section 4014(b) of title 18, United States Code; and
                    (F) the number of inmates under treatment for HIV/
                AIDS.
            (4) Consultation.--The Bureau shall consult with 
        appropriate officials of the Department of Health and Human 
        Services, the Office of National Drug Control Policy, the 
        Office of National AIDS Policy, and the Centers for Disease 
        Control regarding the development of reports under paragraph 
        (1).
                                 <all>
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