IB 

Union Calendar No. 213 

110TH CONGRESS 

1ST SESSION H. R. 1943 

[Report No. 110–342] 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2007 

Ms. WATERS (for herself, Mr. CONYERS, Mr. SMITH of Texas, Mr. SCOTT of 

Virginia, Mr. FORBES, Ms. LEE, and Mrs. CHRISTENSEN) introduced the 

following bill; which was referred to the Committee on the Judiciary 

SEPTEMBER 24, 2007 

Additional sponsors: Mr. CUMMINGS, Mr. WATT, Mr. TOWNS, Mr. LEWIS of 

Georgia, Mr. PAYNE, Mr. CLAY, Mr. GRIJALVA, Ms. CORRINE BROWN of 

Florida, Mr. COHEN, Ms. WOOLSEY, Mr. JOHNSON of Georgia, Mr. 

WYNN, Ms. SOLIS, Mr. GUTIERREZ, Mr. MEEKS of New York, Ms. 

CLARKE, Ms. NORTON, Mr. JEFFERSON, Ms. JACKSON-LEE of Texas, 

Mr. AL GREEN of Texas, Mr. HASTINGS of Florida, Mr. STARK, Mr. 

HONDA, Ms. CASTOR, Mr. RUSH, Mr. NADLER, Mr. RANGEL, Mr. 

FORTUN ̃O, Mr. JACKSON of Illinois, Mr. BUTTERFIELD, Ms. CARSON, Mr. 

ELLISON, Mr. THOMPSON of Mississippi, Ms. WATSON, Mrs. JONES of 

Ohio, Mr. MCGOVERN, and Mrs. MALONEY of New York 

SEPTEMBER 24, 2007 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To provide for an effective HIV/AIDS program in Federal 

prisons. 


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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 2007’’. 

6 SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. 

7 (a) IN GENERAL.—The Bureau of Prisons (herein8 after in this Act referred to as the ‘‘Bureau’’) shall develop 

9 a comprehensive policy to provide HIV testing, treatment, 

10 and prevention for inmates within the correctional setting 

11 and upon reentry. 

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

13 as follows: 

14 (1) To stop the spread of HIV/AIDS among in15 mates. 

16 (2) To protect prison guards and other per17 sonnel from HIV/AIDS infection. 

18 (3) To provide comprehensive medical treat19 ment to inmates who are living with HIV/AIDS. 

20 (4) To promote HIV/AIDS awareness and pre21 vention among inmates. 

22 (5) To encourage inmates to take personal re23 sponsibility for their health. 


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1 (6) To reduce the risk that inmates will trans2 mit HIV/AIDS to other persons in the community 

3 following their release from prison. 

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

5 appropriate officials of the Department of Health and 

6 Human Services, the Office of National Drug Control Pol7 icy, and the Centers for Disease Control regarding the de8 velopment of this policy. 

9 (d) TIME LIMIT.—The Bureau shall draft appro10 priate regulations to implement this policy not later than 

11 1 year after the date of the enactment of this Act. 

12 SEC. 3. REQUIREMENTS FOR POLICY. 

13 The policy created under section 2 shall do the fol14 lowing: 

15 (1) TESTING ANDCOUNSELING UPON IN16 TAKE.— 

17 (A) Medical personnel shall provide routine 

18 HIV testing to all inmates as a part of a com19 prehensive medical examination immediately fol20 lowing admission to a facility. (Medical per21 sonnel need not provide routine HIV testing to 

22 an inmate who is transferred to a facility from 

23 another facility if the inmate’s medical records 

24 are transferred with the inmate and indicate 

25 that the inmate has been tested previously.) 


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1 (B) To all inmates admitted to a facility 

2 prior to the effective date of this policy, medical 

3 personnel shall provide routine HIV testing 

4 within no more than 6 months. HIV testing for 

5 these inmates may be performed in conjunction 

6 with other health services provided to these in7 mates by medical personnel. 

8 (C) All HIV tests under this paragraph 

9 shall comply with paragraph (9). 

10 (2) PRE-TEST ANDPOST-TEST COUNSELING.— 

11 Medical personnel shall provide confidential pre-test 

12 and post-test counseling to all inmates who are test13 ed for HIV. Counseling may be included with other 

14 general health counseling provided to inmates by 

15 medical personnel. 

16 (3) HIV/AIDS PREVENTION EDUCATION.— 

17 (A) Medical personnel shall improve HIV/ 

18 AIDS awareness through frequent educational 

19 programs for all inmates. HIV/AIDS edu20 cational programs may be provided by commu21 nity based organizations, local health depart22 ments, and inmate peer educators. These HIV/ 

23 AIDS educational programs shall include infor24 mation on modes of transmission, including 

25 transmission through tattooing, sexual contact, 


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1 and intravenous drug use; prevention methods; 

2 treatment; and disease progression. HIV/AIDS 

3 educational programs shall be culturally sen4 sitive, conducted in a variety of languages, and 

5 present scientifically accurate information in a 

6 clear and understandable manner. 

7 (B) HIV/AIDS educational materials shall 

8 be made available to all inmates at orientation, 

9 at health care clinics, at regular educational 

10 programs, and prior to release. Both written 

11 and audio-visual materials shall be made avail12 able to all inmates. These materials shall be 

13 culturally sensitive, written for low literacy lev14 els, and available in a variety of languages. 

15 (4) HIV TESTING UPON REQUEST.— 

16 (A) Medical personnel shall allow inmates 

17 to obtain HIV tests upon request once per year 

18 or whenever an inmate has a reason to believe 

19 the inmate may have been exposed to HIV. 

20 Medical personnel shall, both orally and in writ21 ing, inform inmates, during orientation and pe22 riodically throughout incarceration, of their 

23 right to obtain HIV tests. 

24 (B) Medical personnel shall encourage in25 mates to request HIV tests if the inmate is sexVerDate Aug 31 2005 22:13 Sep 24, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1943.RH H1943

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1 ually active, has been raped, uses intravenous 

2 drugs, receives a tattoo, or if the inmate is con3 cerned that the inmate may have been exposed 

4 to HIV/AIDS. 

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

6 shall not be considered an indication that the 

7 inmate has put him/herself at risk of infection 

8 and/or committed a violation of prison rules. 

9 (5) HIV TESTING OF PREGNANT WOMAN.— 

10 (A) Medical personnel shall provide routine 

11 HIV testing to all inmates who become preg12 nant. 

13 (B) All HIV tests under this paragraph 

14 shall comply with paragraph (9). 

15 (6) COMPREHENSIVE TREATMENT.— 

16 (A) Medical personnel shall provide all in17 mates who test positive for HIV— 

18 (i) timely, comprehensive medical 

19 treatment; 

20 (ii) confidential counseling on man21 aging their medical condition and pre22 venting its transmission to other persons; 

23 and 

24 (iii) voluntary partner notification 

25 services. 


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1 (B) Medical care provided under this para2 graph shall be consistent with current Depart3 ment of Health and Human Services guidelines 

4 and standard medical practice. Medical per5 sonnel shall discuss treatment options, the im6 portance of adherence to antiretroviral therapy, 

7 and the side effects of medications with inmates 

8 receiving treatment. 

9 (C) Medical and pharmacy personnel shall 

10 ensure that the facility formulary contains all 

11 Food and Drug Administration-approved medi12 cations necessary to provide comprehensive 

13 treatment for inmates living with HIV/AIDS, 

14 and that the facility maintains adequate sup15 plies of such medications to meet inmates’ med16 ical needs. Medical and pharmacy personnel 

17 shall also develop and implement automatic re18 newal systems for these medications to prevent 

19 interruptions in care. 

20 (D) Correctional staff and medical and 

21 pharmacy personnel shall develop and imple22 ment distribution procedures to ensure timely 

23 and confidential access to medications. 

24 (7) PROTECTION OF CONFIDENTIALITY.— 


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1 (A) Medical personnel shall develop and 

2 implement procedures to ensure the confiden3 tiality of inmate tests, diagnoses, and treat4 ment. Medical personnel and correctional staff 

5 shall receive regular training on the implemen6 tation of these procedures. Penalties for viola7 tions of inmate confidentiality by medical per8 sonnel or correctional staff shall be specified 

9 and strictly enforced. 

10 (B) HIV testing, counseling, and treat11 ment shall be provided in a confidential setting 

12 where other routine health services are provided 

13 and in a manner that allows the inmate to re14 quest and obtain these services as routine med15 ical services. 

16 (8) TESTING, COUNSELING, ANDREFERRAL

17 PRIOR TO REENTRY.— 

18 (A) Medical personnel shall provide routine 

19 HIV testing to all inmates no more than 3 

20 months prior to their release and reentry into 

21 the community. (Inmates who are already 

22 known to be infected need not be tested again.) 

23 This requirement may be waived if an inmate’s 

24 release occurs without sufficient notice to the 

25 Bureau to allow medical personnel to perform a 


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1 routine HIV test and notify the inmate of the 

2 results. 

3 (B) All HIV tests under this paragraph 

4 shall comply with paragraph (9). 

5 (C) To all inmates who test positive for 

6 HIV and all inmates who already are known to 

7 have HIV/AIDS, medical personnel shall pro8 vide— 

9 (i) confidential prerelease counseling 

10 on managing their medical condition in the 

11 community, accessing appropriate treat12 ment and services in the community, and 

13 preventing the transmission of their condi14 tion to family members and other persons 

15 in the community; 

16 (ii) referrals to appropriate health 

17 care providers and social service agencies 

18 in the community that meet the inmate’s 

19 individual needs, including voluntary part20 ner notification services and prevention 

21 counseling services for people living with 

22 HIV/AIDS; and 

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

24 necessary medications the inmate is cur25 rently receiving. 


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

2 the right to refuse routine HIV testing. Inmates 

3 shall be informed both orally and in writing of this 

4 right. Oral and written disclosure of this right may 

5 be included with other general health information 

6 and counseling provided to inmates by medical per7 sonnel. If an inmate refuses a routine test for HIV, 

8 medical personnel shall make a note of the inmate’s 

9 refusal in the inmate’s confidential medical records. 

10 However, the inmate’s refusal shall not be consid11 ered a violation of prison rules or result in discipli12 nary action. 

13 (10) EXPOSURE INCIDENT TESTING.—The Bu14 reau may perform HIV testing of an inmate under 

15 section 4014 of title 18, United States Code. HIV 

16 testing of an inmate who is involved in an exposure 

17 incident is not ‘‘routine HIV testing’’ for the pur18 poses of paragraph (9) and does not require the in19 mate’s consent. Medical personnel shall document 

20 the reason for exposure incident testing in the in21 mate’s confidential medical records. 

22 (11) TIMELY NOTIFICATION OF TEST RE23 SULTS.—Medical personnel shall provide timely noti24 fication to inmates of the results of HIV tests. 


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1 SEC. 4. CHANGES IN EXISTING LAW. 

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

3 title 18, United States Code, is amended— 

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

5 more’’; 

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

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

8 to be at risk for infection with such virus in accord9 ance with the guidelines issued by the Bureau of 

10 Prisons relating to infectious disease management’’ 

11 and inserting ‘‘unless the individual declines. The 

12 Attorney General shall also cause such individual to 

13 be so tested before release unless the individual de14 clines.’’. 

15 (b) INADMISSIBILITY OF HIV TEST RESULTS IN

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

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

18 under the Stop AIDS in Prison Act of 2007’’ after ‘‘under 

19 this section’’. 

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

21 Section 4014(e) of title 18, United States Code, is amend22 ed by adding at the end the following: ‘‘Such rules shall 

23 also provide that the initial test under this section be per24 formed as part of the routine health screening conducted 

25 at intake.’’. 


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1 SEC. 5. REPORTING REQUIREMENTS. 

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

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

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

5 on Bureau policies and procedures to provide testing, 

6 treatment, and prevention education programs for Hepa7 titis and other diseases transmitted through sexual activ8 ity and intravenous drug use. The Bureau shall consult 

9 with appropriate officials of the Department of Health and 

10 Human Services, the Office of National Drug Control Pol11 icy, and the Centers for Disease Control regarding the de12 velopment of this report. 

13 (b) ANNUAL REPORTS.— 

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

15 the date of the enactment of this Act, and then an16 nually thereafter, the Bureau shall report to Con17 gress on the incidence among inmates of diseases 

18 transmitted through sexual activity and intravenous 

19 drug use. 

20 (2) MATTERS PERTAINING TO VARIOUS DIS21 EASES.—Reports under paragraph (1) shall dis22 cuss— 

23 (A) the incidence among inmates of HIV/ 

24 AIDS, Hepatitis, and other diseases trans25 mitted through sexual activity and intravenous 

26 drug use; and 


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1 (B) updates on Bureau testing, treatment, 

2 and prevention education programs for these 

3 diseases. 

4 (3) MATTERS PERTAINING TO HIV/AIDS

5 ONLY.—Reports under paragraph (1) shall also in6 clude— 

7 (A) the number of inmates who tested 

8 positive for HIV upon intake; 

9 (B) the number of inmates who tested 

10 positive prior to reentry; 

11 (C) the number of inmates who were not 

12 tested prior to reentry because they were re13 leased without sufficient notice; 

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

15 of taking the test; 

16 (E) the number of inmates who were test17 ed following exposure incidents; and 

18 (F) the number of inmates under treat19 ment for HIV/AIDS. 

20 (4) CONSULTATION.—The Bureau shall consult 

21 with appropriate officials of the Department of 

22 Health and Human Services, the Office of National 

23 Drug Control Policy, and the Centers for Disease 

24 Control regarding the development of reports under 

25 paragraph (1). 


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1 SEC. 6. APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act. 


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Union Calendar No. 213 

110TH CONGRESS 

1ST SESSION H. R. 1943 

[Report No. 110

–342] 

A BILL 

To provide for an effective HIV/AIDS program in 

Federal prisons. 

SEPTEMBER 24, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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