IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2009’’. 

4 SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. 

5 (a) IN GENERAL.—The Bureau of Prisons (herein6 after in this Act referred to as the ‘‘Bureau’’) shall develop 

7 a comprehensive policy to provide HIV testing, treatment, 

8 and prevention for inmates within the correctional setting 

9 and upon reentry. 

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

11 as follows: 

12 (1) To stop the spread of HIV/AIDS among in13 mates. 

14 (2) To protect prison guards and other per15 sonnel from HIV/AIDS infection. 

16 (3) To provide comprehensive medical treat17 ment to inmates who are living with HIV/AIDS. 

18 (4) To promote HIV/AIDS awareness and pre19 vention among inmates. 

20 (5) To encourage inmates to take personal re21 sponsibility for their health. 

22 (6) To reduce the risk that inmates will trans23 mit HIV/AIDS to other persons in the community 

24 following their release from prison. 

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

26 appropriate officials of the Department of Health and 


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1 Human Services, the Office of National Drug Control Pol2 icy, and the Centers for Disease Control regarding the de3 velopment of this policy. 

4 (d) TIME LIMIT.—The Bureau shall draft appro5 priate regulations to implement this policy not later than 

6 1 year after the date of the enactment of this Act. 

7 SEC. 3. REQUIREMENTS FOR POLICY. 

8 The policy created under section 2 shall do the fol9 lowing: 

10 (1) TESTING AND COUNSELING UPON IN11 TAKE.— 

12 (A) Medical personnel shall provide routine 

13 HIV testing to all inmates as a part of a com14 prehensive medical examination immediately fol15 lowing admission to a facility. (Medical per16 sonnel need not provide routine HIV testing to 

17 an inmate who is transferred to a facility from 

18 another facility if the inmate’s medical records 

19 are transferred with the inmate and indicate 

20 that the inmate has been tested previously.) 

21 (B) To all inmates admitted to a facility 

22 prior to the effective date of this policy, medical 

23 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 medical personnel. 

3 (C) All HIV tests under this paragraph 

4 shall comply with paragraph (9). 

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

6 Medical personnel shall provide confidential pre-test 

7 and post-test counseling to all inmates who are test8 ed for HIV. Counseling may be included with other 

9 general health counseling provided to inmates by 

10 medical personnel. 

11 (3) HIV/AIDS PREVENTION EDUCATION.— 

12 (A) Medical personnel shall improve HIV/ 

13 AIDS awareness through frequent educational 

14 programs for all inmates. HIV/AIDS edu15 cational programs may be provided by commu16 nity based organizations, local health depart17 ments, and inmate peer educators. These HIV/ 

18 AIDS educational programs shall include infor19 mation on modes of transmission, including 

20 transmission through tattooing, sexual contact, 

21 and intravenous drug use; prevention methods; 

22 treatment; and disease progression. HIV/AIDS 

23 educational programs shall be culturally sen24 sitive, conducted in a variety of languages, and 


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1 present scientifically accurate information in a 

2 clear and understandable manner. 

3 (B) HIV/AIDS educational materials shall 

4 be made available to all inmates at orientation, 

5 at health care clinics, at regular educational 

6 programs, and prior to release. Both written 

7 and audio-visual materials shall be made avail8 able to all inmates. These materials shall be 

9 culturally sensitive, written for low literacy lev10 els, and available in a variety of languages. 

11 (4) HIV TESTING UPON REQUEST.— 

12 (A) Medical personnel shall allow inmates 

13 to obtain HIV tests upon request once per year 

14 or whenever an inmate has a reason to believe 

15 the inmate may have been exposed to HIV. 

16 Medical personnel shall, both orally and in writ17 ing, inform inmates, during orientation and pe18 riodically throughout incarceration, of their 

19 right to obtain HIV tests. 

20 (B) Medical personnel shall encourage in21 mates to request HIV tests if the inmate is sex22 ually active, has been raped, uses intravenous 

23 drugs, receives a tattoo, or if the inmate is con24 cerned that the inmate may have been exposed 

25 to HIV/AIDS. 


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

2 shall not be considered an indication that the 

3 inmate has put him/herself at risk of infection 

4 and/or committed a violation of prison rules. 

5 (5) HIV TESTING OF PREGNANT WOMAN.— 

6 (A) Medical personnel shall provide routine 

7 HIV testing to all inmates who become preg8 nant. 

9 (B) All HIV tests under this paragraph 

10 shall comply with paragraph (9). 

11 (6) COMPREHENSIVE TREATMENT.— 

12 (A) Medical personnel shall provide all in13 mates who test positive for HIV— 

14 (i) timely, comprehensive medical 

15 treatment; 

16 (ii) confidential counseling on man17 aging their medical condition and pre18 venting its transmission to other persons; 

19 and 

20 (iii) voluntary partner notification 

21 services. 

22 (B) Medical care provided under this para23 graph shall be consistent with current Depart24 ment of Health and Human Services guidelines 

25 and standard medical practice. Medical perVerDate Nov 24 2008 03:02 Mar 19, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.RFS H1429

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1 sonnel shall discuss treatment options, the im2 portance of adherence to antiretroviral therapy, 

3 and the side effects of medications with inmates 

4 receiving treatment. 

5 (C) Medical and pharmacy personnel shall 

6 ensure that the facility formulary contains all 

7 Food and Drug Administration-approved medi8 cations necessary to provide comprehensive 

9 treatment for inmates living with HIV/AIDS, 

10 and that the facility maintains adequate sup11 plies of such medications to meet inmates’ med12 ical needs. Medical and pharmacy personnel 

13 shall also develop and implement automatic re14 newal systems for these medications to prevent 

15 interruptions in care. 

16 (D) Correctional staff and medical and 

17 pharmacy personnel shall develop and imple18 ment distribution procedures to ensure timely 

19 and confidential access to medications. 

20 (7) PROTECTION OF CONFIDENTIALITY.— 

21 (A) Medical personnel shall develop and 

22 implement procedures to ensure the confiden23 tiality of inmate tests, diagnoses, and treat24 ment. Medical personnel and correctional staff 

25 shall receive regular training on the implemenVerDate Nov 24 2008 03:02 Mar 19, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1429.RFS H1429

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1 tation of these procedures. Penalties for viola2 tions of inmate confidentiality by medical per3 sonnel or correctional staff shall be specified 

4 and strictly enforced. 

5 (B) HIV testing, counseling, and treat6 ment shall be provided in a confidential setting 

7 where other routine health services are provided 

8 and in a manner that allows the inmate to re9 quest and obtain these services as routine med10 ical services. 

11 (8) TESTING, COUNSELING, AND REFERRAL

12 PRIOR TO REENTRY.— 

13 (A) Medical personnel shall provide routine 

14 HIV testing to all inmates no more than 3 

15 months prior to their release and reentry into 

16 the community. (Inmates who are already 

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

18 This requirement may be waived if an inmate’s 

19 release occurs without sufficient notice to the 

20 Bureau to allow medical personnel to perform a 

21 routine HIV test and notify the inmate of the 

22 results. 

23 (B) All HIV tests under this paragraph 

24 shall comply with paragraph (9). 


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1 (C) To all inmates who test positive for 

2 HIV and all inmates who already are known to 

3 have HIV/AIDS, medical personnel shall pro4 vide— 

5 (i) confidential prerelease counseling 

6 on managing their medical condition in the 

7 community, accessing appropriate treat8 ment and services in the community, and 

9 preventing the transmission of their condi10 tion to family members and other persons 

11 in the community; 

12 (ii) referrals to appropriate health 

13 care providers and social service agencies 

14 in the community that meet the inmate’s 

15 individual needs, including voluntary part16 ner notification services and prevention 

17 counseling services for people living with 

18 HIV/AIDS; and 

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

20 necessary medications the inmate is cur21 rently receiving. 

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

23 the right to refuse routine HIV testing. Inmates 

24 shall be informed both orally and in writing of this 

25 right. Oral and written disclosure of this right may 


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1 be included with other general health information 

2 and counseling provided to inmates by medical per3 sonnel. If an inmate refuses a routine test for HIV, 

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

5 refusal in the inmate’s confidential medical records. 

6 However, the inmate’s refusal shall not be consid7 ered a violation of prison rules or result in discipli8 nary action. 

9 (10) EXCLUSION OF TESTS PERFORMED UNDER

10 SECTION 4014(B) FROM THE DEFINITION OF ROU11 TINE HIV TESTING.—HIV testing of an inmate 

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

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

14 paragraph (9). Medical personnel shall document the 

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

16 United States Code, in the inmate’s confidential 

17 medical records. 

18 (11) TIMELY NOTIFICATION OF TEST RE19 SULTS.—Medical personnel shall provide timely noti20 fication to inmates of the results of HIV tests. 

21 SEC. 4. CHANGES IN EXISTING LAW. 

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

23 title 18, United States Code, is amended— 

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

25 more’’; 


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

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

3 to be at risk for infection with such virus in accord4 ance with the guidelines issued by the Bureau of 

5 Prisons relating to infectious disease management’’ 

6 and inserting ‘‘unless the individual declines. The 

7 Attorney General shall also cause such individual to 

8 be so tested before release unless the individual de9 clines.’’. 

10 (b) INADMISSIBILITY OF HIV TEST RESULTS IN

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

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

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

14 this section’’. 

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

16 Section 4014(e) of title 18, United States Code, is amend17 ed by adding at the end the following: ‘‘Such rules shall 

18 also provide that the initial test under this section be per19 formed as part of the routine health screening conducted 

20 at intake.’’. 

21 SEC. 5. REPORTING REQUIREMENTS. 

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

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

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

25 on Bureau policies and procedures to provide testing, 


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1 treatment, and prevention education programs for Hepa2 titis and other diseases transmitted through sexual activ3 ity and intravenous drug use. The Bureau shall consult 

4 with appropriate officials of the Department of Health and 

5 Human Services, the Office of National Drug Control Pol6 icy, and the Centers for Disease Control regarding the de7 velopment of this report. 

8 (b) ANNUAL REPORTS.— 

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

10 the date of the enactment of this Act, and then an11 nually thereafter, the Bureau shall report to Con12 gress on the incidence among inmates of diseases 

13 transmitted through sexual activity and intravenous 

14 drug use. 

15 (2) MATTERS PERTAINING TO VARIOUS DIS16 EASES.—Reports under paragraph (1) shall dis17 cuss— 

18 (A) the incidence among inmates of HIV/ 

19 AIDS, Hepatitis, and other diseases trans20 mitted through sexual activity and intravenous 

21 drug use; and 

22 (B) updates on Bureau testing, treatment, 

23 and prevention education programs for these 

24 diseases. 


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1 (3) MATTERS PERTAINING TO HIV/AIDS

2 ONLY.—Reports under paragraph (1) shall also in3 clude— 

4 (A) the number of inmates who tested 

5 positive for HIV upon intake; 

6 (B) the number of inmates who tested 

7 positive prior to reentry; 

8 (C) the number of inmates who were not 

9 tested prior to reentry because they were re10 leased without sufficient notice; 

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

12 of taking the test; 

13 (E) the number of inmates who were test14 ed under section 4014(b) of title 18, United 

15 States Code; and 

16 (F) the number of inmates under treat17 ment for HIV/AIDS. 

18 (4) CONSULTATION.—The Bureau shall consult 

19 with appropriate officials of the Department of 

20 Health and Human Services, the Office of National 

21 Drug Control Policy, and the Centers for Disease 

22 Control regarding the development of reports under 

23 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. 

Passed the House of Representatives March 17, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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