I 

117TH CONGRESS 

1ST SESSION H. R. 6111 

To modernize laws and policies, and eliminate discrimination, with respect 

to people living with HIV/AIDS, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2021 

Ms. LEE of California (for herself, Miss GONZA ́LEZ-COLO ́N, Ms. SHERRILL, 

Mr. KILMER, Mr. PRICE of North Carolina, Mrs. WATSON COLEMAN, Mr. 

MALINOWSKI, Mr. TONKO, Mr. KHANNA, Mrs. CAROLYN B. MALONEY of 

New York, Mr. PANETTA, Ms. NORTON, Ms. BARRAGA ́N, Ms. WILLIAMS

of Georgia, Mr. CICILLINE, Mr. RUSH, Mr. TAKANO, Mr. QUIGLEY, Ms. 

BASS, Mr. SWALWELL, Mr. POCAN, Mr. JOHNSON of Georgia, Ms. 

WASSERMAN SCHULTZ, Ms. MENG, Mr. CARSON, Mr. LIEU, Ms. 

PRESSLEY, Ms. JACKSON LEE, Mr. DANNY K. DAVIS of Illinois, and Mr. 

BUTTERFIELD) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Armed Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To modernize laws and policies, and eliminate discrimination, 

with respect to people living with HIV/AIDS, and for 

other purposes. 

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 ‘‘Repeal Existing Poli3 cies that Encourage and Allow Legal HIV Discrimination 

4 Act of 2022’’ or the ‘‘REPEAL HIV Discrimination Act 

5 of 2022’’. 

6 SEC. 2. FINDINGS. 

7 The Congress makes the following findings: 

8 (1) At present, 31 States and 2 United States 

9 territories have criminal statutes based on perceived 

10 exposure to HIV, rather than behaviors motivated by 

11 an intent to harm, presenting a significant risk of 

12 transmission and resulting in actual transmission of 

13 HIV to another. Eleven States have HIV-specific 

14 laws that make spitting or biting a felony, even 

15 though it is not possible to transmit HIV via saliva. 

16 Twenty-four States require persons who are aware 

17 that they have HIV to disclose their status to sexual 

18 partners, regardless of whether they are non-infec19 tious. Fourteen of these 24 States also require dis20 closure to needle-sharing partners. Twenty-five 

21 States criminalize one or more behaviors that pose 

22 a low or negligible risk for HIV transmission. 

23 (2) HIV-specific criminal laws are classified as 

24 felonies in 28 States. Eighteen States impose sen25 tences of up to 10 years per violation; seven impose 


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1 sentences between 11 and 20 years; and five impose 

2 sentences of greater than 20 years. 

3 (3) When members of the Armed Forces ac4 quire HIV, they are issued orders that require them 

5 to disclose and use a condom under all cir6 cumstances including when the known risk of trans7 mission is zero. Failure to disclose can result in 

8 prosecution under the Uniform Code of Military Jus9 tice. 

10 (4) The number of prosecutions, arrests, and 

11 instances where HIV-based charges are used to in12 duce plea agreements is unknown. Because State13 level prosecution and arrest data are not readily 

14 available in any national legal database, the societal 

15 impact of these laws may be underestimated and 

16 most cases that end in a plea arrangement or go to 

17 trial are not reduced to written, published opinions. 

18 (5) State and Federal criminal law does not 

19 currently reflect the four decades of medical ad20 vances and discoveries made with regard to trans21 mission and treatment of HIV/AIDS. 

22 (6) According to CDC, correct and consistent 

23 male or female condom use, or adherence to a pre24 exposure prophylaxis (PrEP) regimen that results in 

25 viral suppression, are very effective in preventing 


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1 HIV transmission. However, most State HIV-spe2 cific laws and prosecutions do not treat the use of 

3 a condom during sexual intercourse or adherence to 

4 PrEP as a mitigating factor or evidence that the de5 fendant did not intend to transmit HIV. 

6 (7) Criminal laws and prosecutions do not take 

7 into account the benefits of effective antiretroviral 

8 medications, which suppress the virus to extremely 

9 low levels and further reduce the already low risk of 

10 transmitting HIV to effectively zero. 

11 (8) In addition to HIV-specific criminal laws, 

12 general criminal laws are often misused to prosecute 

13 people based on their HIV status. Although HIV, 

14 and even AIDS, currently is viewed as a treatable, 

15 chronic, medical condition, people living with HIV 

16 have been charged under aggravated assault, at17 tempted murder, and even bioterrorism statutes be18 cause prosecutors, courts, and legislators continue to 

19 view and characterize the blood, semen, and saliva of 

20 people living with HIV as a ‘‘deadly weapon’’. 

21 (9) Multiple peer-reviewed studies demonstrate 

22 that HIV-specific laws do not reduce risk-taking be23 havior or increase disclosure by people living with 

24 HIV, and there is increasing evidence that these 

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1 more, placing legal responsibility for preventing the 

2 transmission of HIV and other pathogens that can 

3 be sexually transmitted exclusively on people diag4 nosed with a sexually transmitted infection under5 mines the public health message that all people are 

6 responsible for practicing behaviors that protect 

7 themselves from HIV and other sexually transmitted 

8 infections. Unfortunately, some State laws create an 

9 expectation of disclosure work against public health 

10 communication and discourage risk-reduction meas11 ures that could prevent transmission as a result of 

12 those who are acutely infected and unaware of their 

13 status. 

14 (10) The identity of an individual subject to an 

15 HIV-based prosecution is broadcast through media 

16 reports, potentially destroying employment opportu17 nities and relationships and violating the person’s 

18 right to privacy. 

19 (11) Individuals who are convicted after an 

20 HIV-based prosecution often must register as sex of21 fenders in at least six States for consensual sexual 

22 behavior. Their employability, housing, and par23 enting options are jeopardized and their family rela24 tionships are fractured. 


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1 (12) The United Nations, including the Joint 

2 United Nations Programme on HIV/AIDS 

3 (UNAIDS), urges governments to ‘‘limit criminaliza4 tion to cases of intentional transmission.’’ This re5 quirement would limit prosecutions to situations 

6 ‘‘where a person knows his or her HIV-positive sta7 tus, acts with the intention to transmit HIV, and 

8 does in fact transmit it’’. UNAIDS also recommends 

9 that criminal law should not be applied to cases 

10 where there is no significant risk of transmission. 

11 (13) In 2010, the Federal Government released 

12 the first ever National HIV/AIDS Strategy (NHAS), 

13 which addressed HIV-specific criminal laws, stating: 

14 ‘‘While we understand the intent behind these laws, 

15 they may not have the desired effect and they may 

16 make people less willing to disclose their status by 

17 making people feel at even greater risk of discrimi18 nation. In some cases, it may be appropriate for leg19 islators to reconsider whether existing laws continue 

20 to further the public interest and public health. In 

21 many instances, the continued existence and enforce22 ment of these types of laws run counter to scientific 

23 evidence about routes of HIV transmission and may 

24 undermine the public health goals of promoting HIV 

25 screening and treatment.’’. The NHAS also states 


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1 that State legislatures should consider reviewing 

2 HIV-specific criminal statutes to ensure that they 

3 are consistent with current knowledge of HIV trans4 mission and support public health approaches to pre5 venting and treating HIV. 

6 (14) The Global Commission on HIV and the 

7 Law was launched in June 2010 to examine laws 

8 and practices that criminalize people living with and 

9 vulnerable to HIV and to develop evidence-based rec10 ommendations for effective HIV responses. The 

11 Commission calls for ‘‘governments, civil society and 

12 international bodies to repeal punitive laws and 

13 enact laws that facilitate and enable effective re14 sponses to HIV prevention, care and treatment serv15 ices for all who need them’’. The Commission rec16 ommends against the enactment of ‘‘laws that ex17 plicitly criminalize HIV transmission, exposure or 

18 non-disclosure of HIV status, which are counter19 productive’’. 

20 (15) In February 2019, the Department of 

21 Health and Human Services (HHS) launched ‘‘End22 ing the HIV Epidemic: A Plan for America,’’ a new 

23 initiative with an ambitious goal to end the domestic 

24 HIV epidemic in ten years by reducing new cases of 

25 HIV by 75 percent by 2025 and by 90 percent by 


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1 2030. In this plan, HHS notes that stigma ‘‘can be 

2 a debilitating barrier preventing people living with, 

3 or at risk for, HIV from receiving the health care, 

4 services, and respect they need and deserve.’’ Many 

5 of the States and jurisdictions identified as a pri6 ority for the first five years of the plan have stigma7 based criminal statutes for perceived exposure to 

8 HIV. These statutes run counter to the goals of this 

9 new initiative and stand in the way of ending the do10 mestic HIV epidemic. 

11 SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGU12 LATIONS DIRECTED AT PEOPLE LIVING WITH 

13 HIV. 

14 It is the sense of Congress that Federal and State 

15 laws, policies, and regulations regarding people living with 

16 HIV— 

17 (1) should not place unique or additional bur18 dens on such individuals solely as a result of their 

19 HIV status; and 

20 (2) should instead demonstrate a public health21 oriented, evidence-based, medically accurate, and 

22 contemporary understanding of— 

23 (A) the multiple factors that lead to HIV 

24 transmission; 


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1 (B) the relative risk of demonstrated HIV 

2 transmission routes; 

3 (C) the current health implications of liv4 ing with HIV; 

5 (D) the associated benefits of treatment 

6 and support services for people living with HIV; 

7 and 

8 (E) the impact of punitive HIV-specific 

9 laws, policies, regulations, and judicial prece10 dents and decisions on public health, on people 

11 living with or affected by HIV, and on their 

12 families and communities. 

13 SEC. 4. REVIEW ON FEDERAL LAW AND UPDATED REVIEW 

14 OF STATE LAWS. 

15 (a) REVIEW OF FEDERAL LAW AND UPDATED RE16 VIEW OF STATE LAWS.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, the Attorney 

19 General, the Secretary of Health and Human Serv20 ices, the Secretary of Defense, and the Director of 

21 the White House Office of National AIDS Policy, 

22 acting jointly (in this section referred to as the ‘‘des23 ignated officials’’) shall initiate— 

24 (A) a review of Federal laws, policies, reg25 ulations, and judicial precedents and decisions 


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1 regarding criminal and related civil commitment 

2 cases involving people living with HIV/AIDS, 

3 including in regard to the Uniform Code of 

4 Military Justice; and 

5 (B) an updated national review of State 

6 laws, policies, regulations, and judicial prece7 dents and decisions regarding criminal and re8 lated civil commitment cases involving people 

9 living with HIV/AIDS. 

10 (2) CONSULTATION.—In carrying out the re11 view under paragraph (1), the designated officials 

12 shall seek to include diverse participation from, and 

13 consultation with, each of the following: 

14 (A) Each State. 

15 (B) State attorneys general (or their rep16 resentatives). 

17 (C) State public health officials (or their 

18 representatives). 

19 (D) State judicial and court system offi20 cers, including judges, district attorneys, pros21 ecutors, defense attorneys, law enforcement, 

22 and correctional officers. 

23 (E) Members of the United States Armed 

24 Forces, including members of other Federal 


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1 services subject to the Uniform Code of Military 

2 Justice. 

3 (F) People living with HIV/AIDS, particu4 larly those who have been subject to HIV-re5 lated prosecution or who are from minority 

6 communities whose members have been dis7 proportionately subject to HIV-specific arrests 

8 and prosecution. 

9 (G) Legal advocacy and HIV/AIDS service 

10 organizations that work with people living with 

11 HIV/AIDS and community advocates experi12 enced in the application of the criminal law to 

13 HIV. 

14 (H) Nongovernmental health organizations 

15 that work on behalf of people living with HIV/ 

16 AIDS, including syringe services programs, 

17 LGBTQ-focused health organizations, and orga18 nizations who serve people who engage in sex 

19 work. 

20 (I) Trade organizations or associations 

21 representing persons or entities described in 

22 subparagraphs (A) through (G). 

23 (3) RELATION TO OTHER REVIEWS.—In car24 rying out the review under paragraph (1), the des25 ignated officials may utilize other existing reviews of 


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1 criminal and related civil commitment cases involv2 ing people living with HIV, including any such re3 view conducted by any Federal or State agency or 

4 any public health, legal advocacy, or trade organiza5 tion or association if the designated officials deter6 mines that such reviews were conducted in accord7 ance with the principles set forth in section 3. 

8 (b) REPORT.—Not later than 180 days after initi9 ating the review required by subsection (a), the Attorney 

10 General shall transmit to the Congress and make publicly 

11 available a report containing the results of the review, 

12 which includes the following: 

13 (1) For each State, an updated summary, and 

14 for the Uniform Code of Military Justice, a sum15 mary of the relevant laws, policies, regulations, and 

16 judicial precedents and decisions regarding criminal 

17 cases involving people living with HIV, including the 

18 following: 

19 (A) A determination of whether such laws, 

20 policies, regulations, and judicial precedents 

21 and decisions place any unique or additional 

22 burdens upon people living with HIV. 

23 (B) A determination of whether such laws, 

24 policies, regulations, and judicial precedents 

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1 ented, evidence-based, medically accurate, and 

2 contemporary understanding of— 

3 (i) the multiple factors that lead to 

4 HIV transmission; 

5 (ii) the relative risk of HIV trans6 mission routes, including that a person 

7 that has an undetectable viral load cannot 

8 transmit the disease; 

9 (iii) the current health implications of 

10 living with HIV, including data 

11 disaggregated by race and ethnicity; 

12 (iv) the current status of providing 

13 protection to people who engage in survival 

14 sex work against whom condom possession 

15 has been used as evidence to intent to com16 mit a crime; 

17 (v) States that have the classification 

18 of mandatory sex offenders; 

19 (vi) the associated benefits of treat20 ment and support services for people living 

21 with HIV; and 

22 (vii) the impact of punitive HIV-spe23 cific laws and policies on public health, on 

24 people living with or affected by HIV, and 

25 on their families and communities, includVerDate Sep 11 2014 21:53 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6111.IH H6111

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1 ing people who are in abusive, dependent, 

2 violent, and non-consensual relationships 

3 and are unable to both negotiate the use of 

4 condoms and status disclosure. 

5 (C) An analysis of the public health and 

6 legal implications of such laws, policies, regula7 tions, and judicial precedents and decisions, in8 cluding an analysis of the consequences of hav9 ing a similar penal scheme applied to com10 parable situations involving other communicable 

11 diseases. 

12 (D) An analysis of the proportionality of 

13 punishments imposed under HIV-specific laws, 

14 policies, regulations, and judicial precedents, 

15 taking into consideration penalties attached to 

16 violation of State laws against similar degrees 

17 of endangerment or harm, such as driving while 

18 intoxicated (DWI) or transmission of other 

19 communicable diseases, or more serious harms, 

20 such as vehicular manslaughter offenses. 

21 (2) An analysis of common elements shared be22 tween State laws, policies, regulations, and judicial 

23 precedents. 

24 (3) Recommendations for adjustments to the 

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1 continuing the use of a service member’s HIV diag2 nosis as the basis for prosecution, enhanced pen3 alties, or discharge from military service, in order to 

4 ensure that laws, policies, regulations, and judicial 

5 precedents regarding people living with HIV are in 

6 accordance with the principles set forth in section 3. 

7 Such recommendations should include any necessary 

8 and appropriate changes to ‘‘Orders to Follow Pre9 ventative Medicine Requirements’’. 

10 (4) A description of any personnel policies 

11 under which members of the Armed Forces infected 

12 with HIV may be subject to punishment under the 

13 Uniform Code of Military Justice based on their 

14 HIV positive status, an assessment of whether such 

15 policies reflect an evidence-based, medically accurate 

16 understanding of how HIV is contracted, how HIV 

17 can be transmitted to other individuals, and the risk 

18 of transmission, and an explanation, based on sur19 veys of appropriate officials from each Armed Force, 

20 of why such policies continue to be place and wheth21 er such policies should be changed. 

22 (c) GUIDANCE.—Not later than 90 days after the re23 lease of the report required by subsection (b), the Director 

24 of the White House Office of National AIDS Policy, shall 

25 develop and publicly release updated guidance for States 


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1 based on the updated review conducted under subsection 

2 (a)(1)(B), in order to assist States dealing with criminal 

3 and related civil commitment cases regarding people living 

4 with HIV. In preparing the guidance under this sub5 section, the Director shall consult in accordance with sub6 section (a)(2). 

7 (d) MODERNIZATION OF FEDERAL LAWS, POLICIES, 

8 AND REGULATIONS.—Not later than 180 days after the 

9 release of the guidance required by subsection (c), the des10 ignated officials shall develop and transmit to the Presi11 dent and the Congress, and make publicly available, such 

12 proposals as may be necessary to implement adjustments 

13 to Federal laws, policies, or regulations, including to the 

14 Uniform Code of Military Justice, that reflect the reports 

15 and guidance required under this Act either through Exec16 utive order or through changes to statutory law. 

17 SEC. 5. RULE OF CONSTRUCTION. 

18 Nothing in this Act shall be construed to prohibit the 

19 prosecution of individuals who act with the specific intent 

20 to do harm to another person by transmitting HIV 

21 through means likely to result in actual transmission, and 

22 who in fact transmit HIV. 


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1 SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. 

2 This Act shall not be construed to increase the 

3 amount of appropriations that are authorized to be appro4 priated for any fiscal year. 

5 SEC. 7. DEFINITIONS. 

6 For purposes of this Act: 

7 (1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 

8 ‘‘HIV/AIDS’’ have the meanings given to them in 

9 section 2689 of the Public Health Service Act (42 

10 U.S.C. 300ff–88). 

11 (2) STATE.—The term ‘‘State’’ includes the 

12 District of Columbia, American Samoa, the Com13 monwealth of the Northern Mariana Islands, Guam, 

14 Puerto Rico, and the United States Virgin Islands. 

Æ 


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