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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1429 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1429

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2009

   Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
    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 2009''.

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, 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) Medical personnel shall provide routine HIV 
                testing to all inmates as a part of a comprehensive 
                medical examination immediately following admission to 
                a facility. (Medical 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, medical 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 medical personnel.
                    (C) All HIV tests under this paragraph shall comply 
                with paragraph (9).
            (2) Pre-test and post-test counseling.--Medical 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 
        medical personnel.
            (3) HIV/AIDS prevention education.--
                    (A) Medical 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. These HIV/AIDS 
                educational programs shall include information on modes 
                of transmission, including transmission through 
                tattooing, sexual contact, and intravenous drug use; 
                prevention methods; treatment; and disease progression. 
                HIV/AIDS educational programs shall be culturally 
                sensitive, conducted in a variety of languages, and 
                present scientifically accurate information in a clear 
                and understandable manner.
                    (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. These materials shall 
                be culturally sensitive, written for low literacy 
                levels, and available in a variety of languages.
            (4) HIV testing upon request.--
                    (A) Medical 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. Medical personnel shall, both orally 
                and in writing, inform inmates, during orientation and 
                periodically throughout incarceration, of their right 
                to obtain HIV tests.
                    (B) Medical 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) Medical personnel shall provide routine HIV 
                testing to all inmates who become pregnant.
                    (B) All HIV tests under this paragraph shall comply 
                with paragraph (9).
            (6) Comprehensive treatment.--
                    (A) Medical 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) Medical care provided under this paragraph 
                shall be consistent with current Department of Health 
                and Human Services guidelines and standard medical 
                practice. Medical personnel shall discuss treatment 
                options, the importance of adherence to antiretroviral 
                therapy, and the side effects of medications with 
                inmates receiving treatment.
                    (C) Medical 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. Medical and pharmacy personnel shall also 
                develop and implement automatic renewal systems for 
                these medications to prevent interruptions in care.
                    (D) Correctional staff and medical and pharmacy 
                personnel shall develop and implement distribution 
                procedures to ensure timely and confidential access to 
                medications.
            (7) Protection of confidentiality.--
                    (A) Medical personnel shall develop and implement 
                procedures to ensure the confidentiality of inmate 
                tests, diagnoses, and treatment. Medical personnel and 
                correctional staff shall receive regular training on 
                the implementation of these procedures. Penalties for 
                violations of inmate confidentiality by medical 
                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) Medical 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 medical personnel to perform a routine HIV 
                test and notify the inmate of the results.
                    (B) All HIV tests under this paragraph shall comply 
                with paragraph (9).
                    (C) To all inmates who test positive for HIV and 
                all inmates who already are known to have HIV/AIDS, 
                medical 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 
        medical personnel. If an inmate refuses a routine test for HIV, 
        medical 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.
            (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 paragraph (9). 
        Medical 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.--Medical 
        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 2009'' 
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, 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, and the 
        Centers for Disease Control regarding the development of 
        reports under paragraph (1).

SEC. 6. APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

            Passed the House of Representatives March 17, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
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