I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop AIDS in Prison 

5 Act of 2011’’. 


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1 SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. 

2 (a) IN GENERAL.—The Bureau of Prisons (herein3 after in this Act referred to as the ‘‘Bureau’’) shall develop 

4 a comprehensive policy to provide HIV testing, treatment, 

5 and prevention for inmates within the correctional setting 

6 and upon reentry. 

7 (b) PURPOSE.—The purposes of this policy shall be 

8 as follows: 

9 (1) To stop the spread of HIV/AIDS among in10 mates. 

11 (2) To protect prison guards and other per12 sonnel from HIV/AIDS infection. 

13 (3) To provide comprehensive medical treat14 ment to inmates who are living with HIV/AIDS. 

15 (4) To promote HIV/AIDS awareness and pre16 vention among inmates. 

17 (5) To encourage inmates to take personal re18 sponsibility for their health. 

19 (6) To reduce the risk that inmates will trans20 mit HIV/AIDS to other persons in the community 

21 following their release from prison. 

22 (c) CONSULTATION.—The Bureau shall consult with 

23 appropriate officials of the Department of Health and 

24 Human Services, the Office of National Drug Control Pol25 icy, the Office of National AIDS Policy, and the Centers 


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1 for Disease Control regarding the development of this pol2 icy. 

3 (d) TIME LIMIT.—The Bureau shall draft appro4 priate regulations to implement this policy not later than 

5 1 year after the date of the enactment of this Act. 

6 SEC. 3. REQUIREMENTS FOR POLICY. 

7 The policy created under section 2 shall do the fol8 lowing: 

9 (1) TESTING AND COUNSELING UPON IN10 TAKE.— 

11 (A) Health care personnel shall provide 

12 routine HIV testing to all inmates as a part of 

13 a comprehensive medical examination imme14 diately following admission to a facility. (Health 

15 care personnel need not provide routine HIV 

16 testing to an inmate who is transferred to a fa17 cility from another facility if the inmate’s med18 ical records are transferred with the inmate and 

19 indicate that the inmate has been tested pre20 viously.) 

21 (B) To all inmates admitted to a facility 

22 prior to the effective date of this policy, health 

23 care personnel shall provide routine HIV testing 

24 within no more than 6 months. HIV testing for 

25 these inmates may be performed in conjunction 


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1 with other health services provided to these in2 mates by health care personnel. 

3 (C) All HIV tests under this paragraph 

4 shall comply with the opt-out provision. 

5 (2) PRE-TEST AND POST-TEST COUNSELING.— 

6 Health care personnel shall provide confidential pre7 test and post-test counseling to all inmates who are 

8 tested for HIV. Counseling may be included with 

9 other general health counseling provided to inmates 

10 by health care personnel. 

11 (3) HIV/AIDS PREVENTION EDUCATION.— 

12 (A) Health care personnel shall improve 

13 HIV/AIDS awareness through frequent edu14 cational programs for all inmates. HIV/AIDS 

15 educational programs may be provided by com16 munity based organizations, local health depart17 ments, and inmate peer educators. 

18 (B) HIV/AIDS educational materials shall 

19 be made available to all inmates at orientation, 

20 at health care clinics, at regular educational 

21 programs, and prior to release. Both written 

22 and audio-visual materials shall be made avail23 able to all inmates. 


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1 (C)(i) The HIV/AIDS educational pro2 grams and materials under this paragraph shall 

3 include information on— 

4 (I) modes of transmission, including 

5 transmission through tattooing, sexual con6 tact, and intravenous drug use; 

7 (II) prevention methods; 

8 (III) treatment; and 

9 (IV) disease progression. 

10 (ii) The programs and materials shall be 

11 culturally sensitive, written or designed for low 

12 literacy levels, available in a variety of lan13 guages, and present scientifically accurate in14 formation in a clear and understandable man15 ner. 

16 (4) HIV TESTING UPON REQUEST.— 

17 (A) Health care personnel shall allow in18 mates to obtain HIV tests upon request once 

19 per year or whenever an inmate has a reason to 

20 believe the inmate may have been exposed to 

21 HIV. Health care personnel shall, both orally 

22 and in writing, inform inmates, during orienta23 tion and periodically throughout incarceration, 

24 of their right to obtain HIV tests. 


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1 (B) Health care personnel shall encourage 

2 inmates to request HIV tests if the inmate is 

3 sexually active, has been raped, uses intra4 venous drugs, receives a tattoo, or if the inmate 

5 is concerned that the inmate may have been ex6 posed to HIV/AIDS. 

7 (C) An inmate’s request for an HIV test 

8 shall not be considered an indication that the 

9 inmate has put him/herself at risk of infection 

10 and/or committed a violation of prison rules. 

11 (5) HIV TESTING OF PREGNANT WOMAN.— 

12 (A) Health care personnel shall provide 

13 routine HIV testing to all inmates who become 

14 pregnant. 

15 (B) All HIV tests under this paragraph 

16 shall comply with the opt-out provision. 

17 (6) COMPREHENSIVE TREATMENT.— 

18 (A) Health care personnel shall provide all 

19 inmates who test positive for HIV— 

20 (i) timely, comprehensive medical 

21 treatment; 

22 (ii) confidential counseling on man23 aging their medical condition and pre24 venting its transmission to other persons; 

25 and 


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1 (iii) voluntary partner notification 

2 services. 

3 (B) Health care provided under this para4 graph shall be consistent with current Depart5 ment of Health and Human Services guidelines 

6 and standard medical practice. Health care per7 sonnel shall discuss treatment options, the im8 portance of adherence to antiretroviral therapy, 

9 and the side effects of medications with inmates 

10 receiving treatment. 

11 (C) Health care personnel and pharmacy 

12 personnel shall ensure that the facility for13 mulary contains all Food and Drug Administra14 tion-approved medications necessary to provide 

15 comprehensive treatment for inmates living with 

16 HIV/AIDS, and that the facility maintains ade17 quate supplies of such medications to meet in18 mates’ medical needs. Health care personnel 

19 and pharmacy personnel shall also develop and 

20 implement automatic renewal systems for these 

21 medications to prevent interruptions in care. 

22 (D) Correctional staff, health care per23 sonnel, and pharmacy personnel shall develop 

24 and implement distribution procedures to enVerDate Mar 15 2010 05:31 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3547.IH H3547

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1 sure timely and confidential access to medica2 tions. 

3 (7) PROTECTION OF CONFIDENTIALITY.— 

4 (A) Health care personnel shall develop 

5 and implement procedures to ensure the con6 fidentiality of inmate tests, diagnoses, and 

7 treatment. Health care personnel and correc8 tional staff shall receive regular training on the 

9 implementation of these procedures. Penalties 

10 for violations of inmate confidentiality by health 

11 care personnel or correctional staff shall be 

12 specified and strictly enforced. 

13 (B) HIV testing, counseling, and treat14 ment shall be provided in a confidential setting 

15 where other routine health services are provided 

16 and in a manner that allows the inmate to re17 quest and obtain these services as routine med18 ical services. 

19 (8) TESTING, COUNSELING, AND REFERRAL

20 PRIOR TO REENTRY.— 

21 (A) Health care personnel shall provide 

22 routine HIV testing to all inmates no more 

23 than 3 months prior to their release and re24 entry into the community. (Inmates who are al25 ready known to be infected need not be tested 


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1 again.) This requirement may be waived if an 

2 inmate’s release occurs without sufficient notice 

3 to the Bureau to allow health care personnel to 

4 perform a routine HIV test and notify the in5 mate of the results. 

6 (B) All HIV tests under this paragraph 

7 shall comply with the opt-out provision. 

8 (C) To all inmates who test positive for 

9 HIV and all inmates who already are known to 

10 have HIV/AIDS, health care personnel shall 

11 provide— 

12 (i) confidential prerelease counseling 

13 on managing their medical condition in the 

14 community, accessing appropriate treat15 ment and services in the community, and 

16 preventing the transmission of their condi17 tion to family members and other persons 

18 in the community; 

19 (ii) referrals to appropriate health 

20 care providers and social service agencies 

21 in the community that meet the inmate’s 

22 individual needs, including voluntary part23 ner notification services and prevention 

24 counseling services for people living with 

25 HIV/AIDS; and 


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1 (iii) a 30-day supply of any medically 

2 necessary medications the inmate is cur3 rently receiving. 

4 (9) OPT-OUT PROVISION.—Inmates shall have 

5 the right to refuse routine HIV testing. Inmates 

6 shall be informed both orally and in writing of this 

7 right. Oral and written disclosure of this right may 

8 be included with other general health information 

9 and counseling provided to inmates by health care 

10 personnel. If an inmate refuses a routine test for 

11 HIV, health care personnel shall make a note of the 

12 inmate’s refusal in the inmate’s confidential medical 

13 records. However, the inmate’s refusal shall not be 

14 considered a violation of prison rules or result in dis15 ciplinary action. Any reference in this section to the 

16 ‘‘opt-out provision’’ shall be deemed a reference to 

17 the requirement of this paragraph. 

18 (10) EXCLUSION OF TESTS PERFORMED UNDER

19 SECTION 4014(b) FROM THE DEFINITION OF ROU20 TINE HIV TESTING.—HIV testing of an inmate 

21 under section 4014(b) of title 18, United States 

22 Code, is not routine HIV testing for the purposes of 

23 the opt-out provision. Health care personnel shall 

24 document the reason for testing under section 


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1 4014(b) of title 18, United States Code, in the in2 mate’s confidential medical records. 

3 (11) TIMELY NOTIFICATION OF TEST RE4 SULTS.—Health care personnel shall provide timely 

5 notification to inmates of the results of HIV tests. 

6 SEC. 4. CHANGES IN EXISTING LAW. 

7 (a) SCREENING IN GENERAL.—Section 4014(a) of 

8 title 18, United States Code, is amended— 

9 (1) by striking ‘‘for a period of 6 months or 

10 more’’; 

11 (2) by striking ‘‘, as appropriate,’’; and 

12 (3) by striking ‘‘if such individual is determined 

13 to be at risk for infection with such virus in accord14 ance with the guidelines issued by the Bureau of 

15 Prisons relating to infectious disease management’’ 

16 and inserting ‘‘unless the individual declines. The 

17 Attorney General shall also cause such individual to 

18 be so tested before release unless the individual de19 clines.’’. 

20 (b) INADMISSIBILITY OF HIV TEST RESULTS IN

21 CIVIL AND CRIMINAL PROCEEDINGS.—Section 4014(d) of 

22 title 18, United States Code, is amended by inserting ‘‘or 

23 under the Stop AIDS in Prison Act of 2011’’ after ‘‘under 

24 this section’’. 


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1 (c) SCREENING AS PART OF ROUTINE SCREENING.— 

2 Section 4014(e) of title 18, United States Code, is amend3 ed by adding at the end the following: ‘‘Such rules shall 

4 also provide that the initial test under this section be per5 formed as part of the routine health screening conducted 

6 at intake.’’. 

7 SEC. 5. REPORTING REQUIREMENTS. 

8 (a) REPORT ON HEPATITIS AND OTHER DISEASES.— 

9 Not later than 1 year after the date of the enactment of 

10 this Act, the Bureau shall provide a report to the Congress 

11 on Bureau policies and procedures to provide testing, 

12 treatment, and prevention education programs for hepa13 titis and other diseases transmitted through sexual activ14 ity and intravenous drug use. The Bureau shall consult 

15 with appropriate officials of the Department of Health and 

16 Human Services, the Office of National Drug Control Pol17 icy, the Office of National AIDS Policy, and the Centers 

18 for Disease Control regarding the development of this re19 port. 

20 (b) ANNUAL REPORTS.— 

21 (1) GENERALLY.—Not later than 2 years after 

22 the date of the enactment of this Act, and then an23 nually thereafter, the Bureau shall report to Con24 gress on the incidence among inmates of diseases 


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1 transmitted through sexual activity and intravenous 

2 drug use. 

3 (2) MATTERS PERTAINING TO VARIOUS DIS4 EASES.—Reports under paragraph (1) shall dis5 cuss— 

6 (A) the incidence among inmates of HIV/ 

7 AIDS, hepatitis, and other diseases transmitted 

8 through sexual activity and intravenous drug 

9 use; and 

10 (B) updates on Bureau testing, treatment, 

11 and prevention education programs for these 

12 diseases. 

13 (3) MATTERS PERTAINING TO HIV/AIDS

14 ONLY.—Reports under paragraph (1) shall also in15 clude— 

16 (A) the number of inmates who tested 

17 positive for HIV upon intake; 

18 (B) the number of inmates who tested 

19 positive prior to reentry; 

20 (C) the number of inmates who were not 

21 tested prior to reentry because they were re22 leased without sufficient notice; 

23 (D) the number of inmates who opted-out 

24 of taking the test; 


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1 (E) the number of inmates who were test2 ed under section 4014(b) of title 18, United 

3 States Code; and 

4 (F) the number of inmates under treat5 ment for HIV/AIDS. 

6 (4) CONSULTATION.—The Bureau shall consult 

7 with appropriate officials of the Department of 

8 Health and Human Services, the Office of National 

9 Drug Control Policy, the Office of National AIDS 

10 Policy, and the Centers for Disease Control regard11 ing the development of reports under paragraph (1). 

Æ 


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