I 

111TH CONGRESS 

1ST SESSION H. R. 1429 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2009 

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

Virginia, Ms. LEE of California, and Mrs. CHRISTENSEN) 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 2009’’. 

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, 


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1 and prevention for inmates within the correctional setting 

2 and upon reentry. 

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

4 as follows: 

5 (1) To stop the spread of HIV/AIDS among in6 mates. 

7 (2) To protect prison guards and other per8 sonnel from HIV/AIDS infection. 

9 (3) To provide comprehensive medical treat10 ment to inmates who are living with HIV/AIDS. 

11 (4) To promote HIV/AIDS awareness and pre12 vention among inmates. 

13 (5) To encourage inmates to take personal re14 sponsibility for their health. 

15 (6) To reduce the risk that inmates will trans16 mit HIV/AIDS to other persons in the community 

17 following their release from prison. 

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

19 appropriate officials of the Department of Health and 

20 Human Services, the Office of National Drug Control Pol21 icy, and the Centers for Disease Control regarding the de22 velopment of this policy. 

23 (d) TIME LIMIT.—The Bureau shall draft appro24 priate regulations to implement this policy not later than 

25 1 year after the date of the enactment of this Act. 


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1 SEC. 3. REQUIREMENTS FOR POLICY. 

2 The policy created under section 2 shall do the fol3 lowing: 

4 (1) TESTING AND COUNSELING UPON IN5 TAKE.— 

6 (A) Medical personnel shall provide routine 

7 HIV testing to all inmates as a part of a com8 prehensive medical examination immediately fol9 lowing admission to a facility. (Medical per10 sonnel need not provide routine HIV testing to 

11 an inmate who is transferred to a facility from 

12 another facility if the inmate’s medical records 

13 are transferred with the inmate and indicate 

14 that the inmate has been tested previously.) 

15 (B) To all inmates admitted to a facility 

16 prior to the effective date of this policy, medical 

17 personnel shall provide routine HIV testing 

18 within no more than 6 months. HIV testing for 

19 these inmates may be performed in conjunction 

20 with other health services provided to these in21 mates by medical personnel. 

22 (C) All HIV tests under this paragraph 

23 shall comply with paragraph (9). 

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

25 Medical personnel shall provide confidential pre-test 

26 and post-test counseling to all inmates who are testVerDate Nov 24 2008 00:55 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.IH H1429

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1 ed for HIV. Counseling may be included with other 

2 general health counseling provided to inmates by 

3 medical personnel. 

4 (3) HIV/AIDS PREVENTION EDUCATION.— 

5 (A) Medical personnel shall improve HIV/ 

6 AIDS awareness through frequent educational 

7 programs for all inmates. HIV/AIDS edu8 cational programs may be provided by commu9 nity based organizations, local health depart10 ments, and inmate peer educators. These HIV/ 

11 AIDS educational programs shall include infor12 mation on modes of transmission, including 

13 transmission through tattooing, sexual contact, 

14 and intravenous drug use; prevention methods; 

15 treatment; and disease progression. HIV/AIDS 

16 educational programs shall be culturally sen17 sitive, conducted in a variety of languages, and 

18 present scientifically accurate information in a 

19 clear and understandable manner. 

20 (B) HIV/AIDS educational materials shall 

21 be made available to all inmates at orientation, 

22 at health care clinics, at regular educational 

23 programs, and prior to release. Both written 

24 and audio-visual materials shall be made avail25 able to all inmates. These materials shall be 


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1 culturally sensitive, written for low literacy lev2 els, and available in a variety of languages. 

3 (4) HIV TESTING UPON REQUEST.— 

4 (A) Medical personnel shall allow inmates 

5 to obtain HIV tests upon request once per year 

6 or whenever an inmate has a reason to believe 

7 the inmate may have been exposed to HIV. 

8 Medical personnel shall, both orally and in writ9 ing, inform inmates, during orientation and pe10 riodically throughout incarceration, of their 

11 right to obtain HIV tests. 

12 (B) Medical personnel shall encourage in13 mates to request HIV tests if the inmate is sex14 ually active, has been raped, uses intravenous 

15 drugs, receives a tattoo, or if the inmate is con16 cerned that the inmate may have been exposed 

17 to HIV/AIDS. 

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

19 shall not be considered an indication that the 

20 inmate has put him/herself at risk of infection 

21 and/or committed a violation of prison rules. 

22 (5) HIV TESTING OF PREGNANT WOMAN.— 

23 (A) Medical personnel shall provide routine 

24 HIV testing to all inmates who become preg25 nant. 


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1 (B) All HIV tests under this paragraph 

2 shall comply with paragraph (9). 

3 (6) COMPREHENSIVE TREATMENT.— 

4 (A) Medical personnel shall provide all in5 mates who test positive for HIV— 

6 (i) timely, comprehensive medical 

7 treatment; 

8 (ii) confidential counseling on man9 aging their medical condition and pre10 venting its transmission to other persons; 

11 and 

12 (iii) voluntary partner notification 

13 services. 

14 (B) Medical care provided under this para15 graph shall be consistent with current Depart16 ment of Health and Human Services guidelines 

17 and standard medical practice. Medical per18 sonnel shall discuss treatment options, the im19 portance of adherence to antiretroviral therapy, 

20 and the side effects of medications with inmates 

21 receiving treatment. 

22 (C) Medical and pharmacy personnel shall 

23 ensure that the facility formulary contains all 

24 Food and Drug Administration-approved medi25 cations necessary to provide comprehensive 


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1 treatment for inmates living with HIV/AIDS, 

2 and that the facility maintains adequate sup3 plies of such medications to meet inmates’ med4 ical needs. Medical and pharmacy personnel 

5 shall also develop and implement automatic re6 newal systems for these medications to prevent 

7 interruptions in care. 

8 (D) Correctional staff and medical and 

9 pharmacy personnel shall develop and imple10 ment distribution procedures to ensure timely 

11 and confidential access to medications. 

12 (7) PROTECTION OF CONFIDENTIALITY.— 

13 (A) Medical personnel shall develop and 

14 implement procedures to ensure the confiden15 tiality of inmate tests, diagnoses, and treat16 ment. Medical personnel and correctional staff 

17 shall receive regular training on the implemen18 tation of these procedures. Penalties for viola19 tions of inmate confidentiality by medical per20 sonnel or correctional staff shall be specified 

21 and strictly enforced. 

22 (B) HIV testing, counseling, and treat23 ment shall be provided in a confidential setting 

24 where other routine health services are provided 

25 and in a manner that allows the inmate to reVerDate Nov 24 2008 00:55 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.IH H1429

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1 quest and obtain these services as routine med2 ical services. 

3 (8) TESTING, COUNSELING, AND REFERRAL

4 PRIOR TO REENTRY.— 

5 (A) Medical personnel shall provide routine 

6 HIV testing to all inmates no more than 3 

7 months prior to their release and reentry into 

8 the community. (Inmates who are already 

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

10 This requirement may be waived if an inmate’s 

11 release occurs without sufficient notice to the 

12 Bureau to allow medical personnel to perform a 

13 routine HIV test and notify the inmate of the 

14 results. 

15 (B) All HIV tests under this paragraph 

16 shall comply with paragraph (9). 

17 (C) To all inmates who test positive for 

18 HIV and all inmates who already are known to 

19 have HIV/AIDS, medical personnel shall pro20 vide— 

21 (i) confidential prerelease counseling 

22 on managing their medical condition in the 

23 community, accessing appropriate treat24 ment and services in the community, and 

25 preventing the transmission of their condiVerDate Nov 24 2008 00:55 Mar 12, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.IH H1429

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1 tion to family members and other persons 

2 in the community; 

3 (ii) referrals to appropriate health 

4 care providers and social service agencies 

5 in the community that meet the inmate’s 

6 individual needs, including voluntary part7 ner notification services and prevention 

8 counseling services for people living with 

9 HIV/AIDS; and 

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

11 necessary medications the inmate is cur12 rently receiving. 

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

14 the right to refuse routine HIV testing. Inmates 

15 shall be informed both orally and in writing of this 

16 right. Oral and written disclosure of this right may 

17 be included with other general health information 

18 and counseling provided to inmates by medical per19 sonnel. If an inmate refuses a routine test for HIV, 

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

21 refusal in the inmate’s confidential medical records. 

22 However, the inmate’s refusal shall not be consid23 ered a violation of prison rules or result in discipli24 nary action. 


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1 (10) EXCLUSION OF TESTS PERFORMED UNDER

2 SECTION 4014(B) FROM THE DEFINITION OF ROU3 TINE HIV TESTING.—HIV testing of an inmate 

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

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

6 paragraph (9). Medical personnel shall document the 

7 reason for testing under section 4014(b) of title 18, 

8 United States Code, in the inmate’s confidential 

9 medical records. 

10 (11) TIMELY NOTIFICATION OF TEST RE11 SULTS.—Medical personnel shall provide timely noti12 fication to inmates of the results of HIV tests. 

13 SEC. 4. CHANGES IN EXISTING LAW. 

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

15 title 18, United States Code, is amended— 

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

17 more’’; 

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

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

20 to be at risk for infection with such virus in accord21 ance with the guidelines issued by the Bureau of 

22 Prisons relating to infectious disease management’’ 

23 and inserting ‘‘unless the individual declines. The 

24 Attorney General shall also cause such individual to 


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1 be so tested before release unless the individual de2 clines.’’. 

3 (b) INADMISSIBILITY OF HIV TEST RESULTS IN

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

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

6 under the Stop AIDS in Prison Act of 2009’’ after ‘‘under 

7 this section’’. 

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

9 Section 4014(e) of title 18, United States Code, is amend10 ed by adding at the end the following: ‘‘Such rules shall 

11 also provide that the initial test under this section be per12 formed as part of the routine health screening conducted 

13 at intake.’’. 

14 SEC. 5. REPORTING REQUIREMENTS. 

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

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

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

18 on Bureau policies and procedures to provide testing, 

19 treatment, and prevention education programs for Hepa20 titis and other diseases transmitted through sexual activ21 ity and intravenous drug use. The Bureau shall consult 

22 with appropriate officials of the Department of Health and 

23 Human Services, the Office of National Drug Control Pol24 icy, and the Centers for Disease Control regarding the de25 velopment of this report. 


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1 (b) ANNUAL REPORTS.— 

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

3 the date of the enactment of this Act, and then an4 nually thereafter, the Bureau shall report to Con5 gress on the incidence among inmates of diseases 

6 transmitted through sexual activity and intravenous 

7 drug use. 

8 (2) MATTERS PERTAINING TO VARIOUS DIS9 EASES.—Reports under paragraph (1) shall dis10 cuss— 

11 (A) the incidence among inmates of HIV/ 

12 AIDS, Hepatitis, and other diseases trans13 mitted through sexual activity and intravenous 

14 drug use; and 

15 (B) updates on Bureau testing, treatment, 

16 and prevention education programs for these 

17 diseases. 

18 (3) MATTERS PERTAINING TO HIV/AIDS

19 ONLY.—Reports under paragraph (1) shall also in20 clude— 

21 (A) the number of inmates who tested 

22 positive for HIV upon intake; 

23 (B) the number of inmates who tested 

24 positive prior to reentry; 


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1 (C) the number of inmates who were not 

2 tested prior to reentry because they were re3 leased without sufficient notice; 

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

5 of taking the test; 

6 (E) the number of inmates who were test7 ed under section 4014(b) of title 18, United 

8 States Code; and 

9 (F) the number of inmates under treat10 ment for HIV/AIDS. 

11 (4) CONSULTATION.—The Bureau shall consult 

12 with appropriate officials of the Department of 

13 Health and Human Services, the Office of National 

14 Drug Control Policy, and the Centers for Disease 

15 Control regarding the development of reports under 

16 paragraph (1). 

17 SEC. 6. APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this Act. 

Æ 


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