I 

112TH CONGRESS 

1ST SESSION H. R. 3053 

To eliminate discrimination in the law for those who have tested positive 

for HIV, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

Ms. LEE of California (for herself, Mrs. CHRISTENSEN, Mr. HINCHEY, Mr. 

COHEN, Mr. SERRANO, Mr. CLARKE of Michigan, Ms. WOOLSEY, Mr. 

RANGEL, Ms. NORTON, Mr. JACKSON of Illinois, Mr. SABLAN, Mr. GRIJALVA, and Mr. QUIGLEY) 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 eliminate discrimination in the law for those who have 

tested positive for HIV, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Repeal Existing Poli5 cies that Encourage and Allow Legal HIV Discrimination 

6 Act’’, the ‘‘REPEAL HIV Discrimination Act’’, or the 

7 ‘‘REPEAL Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 (a) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 

3 ‘‘HIV/AIDS’’ have the meanings given to such terms in 

4 section 2689 of the Public Health Service Act (42 U.S.C. 

5 300ff–88). 

6 (b) STATE.—The term ‘‘State’’ includes the District 

7 of Columbia, American Samoa, the Commonwealth of the 

8 Northern Mariana Islands, Guam, Puerto Rico, and the 

9 United States Virgin Islands. 

10 SEC. 3. FINDINGS. 

11 The Congress makes the following findings: 

12 (1) At present, 34 States and 2 U.S. territories 

13 have criminal statutes based on ‘‘exposure’’ to HIV. 

14 Most of these laws were adopted before the avail15 ability of effective antiretroviral treatment for HIV/ 

16 AIDS. 

17 (2) According to the Centers for Disease Con18 trol and Prevention (CDC), HIV cannot reproduce 

19 outside the human body. HIV is not spread by air 

20 or water, insects, saliva, tears, sweat, casual contact 

21 (like shaking hands or sharing dishes), or kissing. 

22 (3) HIV is primarily transmitted between per23 sons neither of whom is aware that one is infected 

24 with HIV. Epidemiologically important routes of 

25 transmission are unprotected vaginal or anal sexual 

26 contact. HIV can also be transmitted via some types 


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1 of oral sex and also via blood transfusions, although 

2 transmission via these routes is not common in the 

3 United States. 

4 (4) Prosecutions for ‘‘exposure’’, nondisclosure, 

5 and/or transmission of HIV have occurred in at least 

6 39 States under general assault or homicide laws 

7 and/or HIV-specific laws. 

8 (5) The Ryan White Comprehensive AIDS 

9 Emergency Act of 1990 (CARE Act) mandated that 

10 States prove the adequacy of their laws for criminal 

11 prosecution of ‘‘intentional transmission’’ of HIV be12 fore they could receive Federal funding for HIV/ 

13 AIDS prevention. 

14 (6) By 1993, approximately half the States had 

15 HIV-specific criminal legislation. Most of these fel16 ony laws do not require that HIV transmission actu17 ally occur for a person to be charged and convicted. 

18 Being unaware of one’s HIV status is the primary 

19 defense to prosecution under State criminal laws, be20 cause almost all statutes that criminalize exposure to 

21 HIV do so only if the accused individual, prior to 

22 the time of exposure, has been tested and informed 

23 that he or she is infected with HIV. 

24 (7) Over the past 3 decades, scientists have 

25 learned much about HIV, its transmission, and the 


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1 treatment of those who become infected with it. 

2 State and Federal law does not currently reflect the 

3 medical advances and discoveries made with regards 

4 to HIV/AIDS. 

5 (8) Many people living with HIV have been 

6 given sentences of 10 to 30 years even in the ab7 sence of HIV transmission, despite CDC acknowl8 edgment and other scientific resources concluding 

9 that intentional HIV transmission is rare. 

10 (9) In most States, any sexual exposure—re11 gardless of whether protection is used, if there is no 

12 deliberate intent to transmit HIV, or without assess13 ment of risk—is subject to the same punishment as 

14 actual transmission. 

15 (10) According to the CDC, correct and con16 sistent male or female condom use greatly reduces 

17 the risk of HIV transmission. Nonetheless, most 

18 State HIV-specific laws and prosecutions do not 

19 treat the use of a condom during sexual intercourse 

20 as a mitigating factor or evidence that the defendant 

21 did not intend to transmit HIV. 

22 (11) In addition, criminal laws and prosecutions 

23 do not take into account the positive effects of con24 sistently taking antiretroviral medication, which can 


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1 lower viral load to undetectable levels and further re2 duce the risks of transmitting the virus. 

3 (12) Although HIV/AIDS currently is viewed as 

4 a chronic, treatable medical condition, people living 

5 with HIV have been charged under aggravated as6 sault, attempted murder, and even bioterrorism stat7 utes because prosecutors, courts, and legislators con8 tinue to view and characterize the blood, semen, and 

9 saliva of people living with HIV as a ‘‘deadly weap10 on’’. 

11 (13) Studies amply demonstrate that HIV-spe12 cific laws do not influence the behavior of people liv13 ing with or at risk of HIV in those States where 

14 these laws exist. Furthermore, placing legal respon15 sibility for preventing the transmission of HIV and 

16 other pathogens exclusively on people diagnosed with 

17 HIV undermines the public health message that all 

18 people should practice behaviors that protect them19 selves and their partners from HIV and other sexu20 ally transmitted diseases. 

21 (14) Approximately 13 States mandate that all 

22 those who are aware that they have HIV must dis23 close their HIV status to partners, despite CDC pre24 vention guidelines that encourage States to devise 

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1 fidential, and conducted in a collegial and coopera2 tive manner and are sensitive to potential con3 sequences of notification. Such consequences can in4 clude damage to relationships, loss of housing and 

5 potential violence. 

6 (15) Often, the identity of an individual accused 

7 of violating any of these HIV-specific restrictions is 

8 broadcast through media reports, potentially de9 stroying employment opportunities and relationships 

10 and violating the person’s right to privacy. 

11 (16) In some States, individuals who are con12 victed under an HIV-specific statute are forced to 

13 register as sex offenders, destroying their employ14 ability and fracturing family relationships, even in 

15 cases where no actual HIV transmission occurred. 

16 (17) The United Nations, including the Joint 

17 United Nations Programme on HIV/AIDS 

18 (UNAIDS), urges governments to ‘‘limit criminaliza19 tion to cases of intentional transmission. Such re20 quirement indicates a situation where a person 

21 knows his or her HIV-positive status, acts with the 

22 intention to transmit HIV, and does in fact transmit 

23 it’’. UNAIDS also recommends that criminal law 

24 should not be applied to cases where there is no sig25 nificant risk of transmission. 


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1 (18) The Global Commission on HIV and the 

2 Law was launched in June 2010 to examine laws 

3 and practices that criminalize people living with and 

4 vulnerable to HIV and to develop evidence-based rec5 ommendations for effective HIV responses that pro6 mote and protect human rights. 

7 (19) The National Alliance of State and Terri8 torial AIDS Directors released a statement in Feb9 ruary 2011 saying that ‘‘HIV criminalization under10 cuts our most basic HIV prevention and sexual 

11 health messages, and breeds ignorance, fear and dis12 crimination against people living with HIV’’. 

13 NASTAD further ‘‘supports efforts to examine and 

14 support level-headed, proven public health ap15 proaches that end punitive laws that single out HIV 

16 over other STDs and that impose penalties for al17 leged nondisclosure, exposure and transmission that 

18 are severely disproportionate to the actual resulting 

19 harm’’. 

20 (20) In 2010, the President released a National 

21 HIV/AIDS Strategy (NHAS), which addressed HIV22 specific criminal laws, stating: ‘‘[W]hile we under23 stand the intent behind [these] laws, they may not 

24 have the desired effect and they may make people 

25 less willing to disclose their status by making people 


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1 feel at even greater risk of discrimination. In some 

2 cases, it may be appropriate for legislators to recon3 sider whether existing laws continue to further the 

4 public interest and public health. In many instances, 

5 the continued existence and enforcement of these 

6 types of laws run counter to scientific evidence about 

7 routes of HIV transmission and may undermine the 

8 public health goals of promoting HIV screening and 

9 treatment.’’. 

10 (21) The NHAS also states that State legisla11 tures should consider reviewing HIV-specific crimi12 nal statutes to ensure that they are consistent with 

13 current knowledge of HIV transmission and support 

14 public health approaches to preventing and treating 

15 HIV. 

16 SEC. 4. SENSE OF CONGRESS REGARDING LAWS OR REGU17 LATIONS DIRECTED AT PEOPLE LIVING WITH 

18 HIV/AIDS. 

19 It is the sense of Congress that Federal and State 

20 laws, policies, and regulations regarding people living with 

21 HIV/AIDS— 

22 (1) should not place unique or additional bur23 dens on such individuals solely as a result of their 

24 HIV status; and 


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1 (2) should instead demonstrate a public health2 oriented, evidence-based, medically accurate, and 

3 contemporary understanding of— 

4 (A) the multiple factors that lead to HIV 

5 transmission; 

6 (B) the relative risk of HIV transmission 

7 routes; 

8 (C) the current health implications of liv9 ing with HIV; 

10 (D) the associated benefits of treatment 

11 and support services for people living with HIV; 

12 and 

13 (E) the impact of punitive HIV-specific 

14 laws and policies on public health, on people liv15 ing with or affected by HIV, and on their fami16 lies and communities. 

17 SEC. 5. REVIEW OF FEDERAL AND STATE LAWS. 

18 (a) REVIEW OF FEDERAL AND STATE LAWS.— 

19 (1) IN GENERAL.—No later than 90 days after 

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

21 General, the Secretary of Health and Human Serv22 ices, and the Secretary of Defense acting jointly (in 

23 this subsection and subsection (b) referred to as the 

24 ‘‘designated officials’’) shall initiate a national re25 view of Federal and State laws, policies, regulations, 


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1 and judicial precedents and decisions regarding 

2 criminal and related civil commitment cases involv3 ing people living with HIV/AIDS, including in re4 gards to the Uniform Code of Military Justice. 

5 (2) CONSULTATION.—In carrying out the re6 view under paragraph (1), the designated officials 

7 shall ensure diverse participation and consultation 

8 from each State, including with— 

9 (A) State attorneys general (or their rep10 resentatives); 

11 (B) State public health officials (or their 

12 representatives); 

13 (C) State judicial and court system offi14 cers, including judges, district attorneys, pros15 ecutors, defense attorneys, law enforcement, 

16 and correctional officers; 

17 (D) members of the United States Armed 

18 Forces, including members of other Federal 

19 services subject to the Uniform Code of Military 

20 Justice; 

21 (E) people living with HIV/AIDS, particu22 larly those who have been subject to HIV-re23 lated prosecution or who are from communities 

24 whose members have been disproportionately 


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1 subject to HIV-specific arrests and prosecu2 tions; 

3 (F) legal advocacy and HIV/AIDS service 

4 organizations that work with people living with 

5 HIV/AIDS; 

6 (G) nongovernmental health organizations 

7 that work on behalf of people living with HIV/ 

8 AIDS; and 

9 (H) trade organizations or associations 

10 representing persons or entities described in 

11 subparagraphs (A) through (G). 

12 (3) RELATION TO OTHER REVIEWS.—In car13 rying out the review under paragraph (1), the des14 ignated officials may utilize other existing reviews of 

15 criminal and related civil commitment cases involv16 ing people living with HIV/AIDS, including any such 

17 review conducted by any Federal or State agency or 

18 any public health, legal advocacy, or trade organiza19 tion or association if the designated officials deter20 mine that such reviews were conducted in accord21 ance with the principles set forth in section 4. 

22 (b) REPORT.—No later than 180 days after initiating 

23 the review required by subsection (a), the Attorney Gen24 eral shall transmit to the Congress and make publicly 


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1 available a report containing the results of the review, 

2 which includes the following: 

3 (1) For each State and for the Uniform Code 

4 of Military Justice, a summary of the relevant laws, 

5 policies, regulations, and judicial precedents and de6 cisions regarding criminal cases involving people liv7 ing with HIV/AIDS, including, if applicable, the fol8 lowing: 

9 (A) A determination of whether such laws, 

10 policies, regulations, and judicial precedents 

11 and decisions place any unique or additional 

12 burdens upon people living with HIV/AIDS. 

13 (B) A determination of whether such laws, 

14 policies, regulations, and judicial precedents 

15 and decisions demonstrate a public health-ori16 ented, evidence-based, medically accurate, and 

17 contemporary understanding of— 

18 (i) the multiple factors that lead to 

19 HIV transmission; 

20 (ii) the relative risk of HIV trans21 mission routes; 

22 (iii) the current health implications of 

23 living with HIV; 


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1 (iv) the associated benefits of treat2 ment and support services for people living 

3 with HIV; and 

4 (v) the impact of punitive HIV-spe5 cific laws and policies on public health, on 

6 people living with or affected by HIV, and 

7 on their families and communities. 

8 (C) An analysis of the public health and 

9 legal implications of such laws, policies, regula10 tions, and judicial precedents, including an 

11 analysis of the consequences of having a similar 

12 penal scheme applied to comparable situations 

13 involving other communicable diseases. 

14 (D) An analysis of the proportionality of 

15 punishments imposed under HIV-specific laws, 

16 policies, regulations, and judicial precedents, 

17 taking into consideration penalties attached to 

18 violation of State laws against similar degrees 

19 of endangerment or harm, such as driving while 

20 intoxicated (DWI) or transmission of other 

21 communicable diseases, or more serious harms, 

22 such as vehicular manslaughter offenses. 

23 (2) An analysis of common elements shared be24 tween State laws, policies, regulations, and judicial 

25 precedents. 


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1 (3) A set of best practice recommendations di2 rected to State governments, including State attor3 neys general, public health officials, and judicial offi4 cers, in order to ensure that laws, policies, regula5 tions, and judicial precedents regarding people living 

6 with HIV/AIDS are in accordance with the prin7 ciples set forth in section 4. 

8 (4) Recommendations for adjustments to the 

9 Uniform Code of Military Justice, as may be nec10 essary, in order to ensure that laws, policies, regula11 tions, and judicial precedents regarding people living 

12 with HIV/AIDS are in accordance with the prin13 ciples set forth in section 4. 

14 (c) GUIDANCE.—Within 90 days of the release of the 

15 report required by subsection (b), the Attorney General 

16 and the Secretary of Health and Human Services, acting 

17 jointly, shall develop and publicly release updated guid18 ance for States based on the set of best practice rec19 ommendations required by subsection (b)(3) in order to 

20 assist States dealing with criminal and related civil com21 mitment cases regarding people living with HIV/AIDS. 

22 (d) MONITORING AND EVALUATION SYSTEM.—With23 in 60 days of the release of the guidance required by sub24 section (c), the Attorney General and the Secretary of 

25 Health and Human Services, acting jointly, shall establish 


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1 an integrated monitoring and evaluation system which in2 cludes, where appropriate, objective and quantifiable per3 formance goals and indicators to measure progress to4 wards statewide implementation in each State of the best 

5 practice recommendations required in subsection (b)(3), 

6 including to monitor, track, and evaluate the effectiveness 

7 of assistance provided pursuant to section 6. 

8 (e) ADJUSTMENTS TO FEDERAL LAWS, POLICIES, OR

9 REGULATIONS.—Within 90 days of the release of the re10 port required by subsection (b), the Attorney General, the 

11 Secretary of Health and Human Services, and the Sec12 retary of Defense, acting jointly, shall develop and trans13 mit to the President and the Congress, and make publicly 

14 available, such proposals as may be necessary to imple15 ment adjustments to Federal laws, policies, or regulations, 

16 including to the Uniform Code of Military Justice, based 

17 on the recommendations required by subsection (b)(4), ei18 ther through executive order or through changes to statu19 tory law. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated such sums as may be necessary for the 

23 purpose of carrying out this section. Amounts au24 thorized to be appropriated by the preceding senVerDate Mar 15 2010 03:24 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3053.IH H3053

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1 tence are in addition to amounts otherwise author2 ized to be appropriated for such purpose. 

3 (2) AVAILABILITY OF FUNDS.—Amounts appro4 priated pursuant to the authorization of appropria5 tions in paragraph (1) are authorized to remain 

6 available until expended. 

7 SEC. 6. AUTHORIZATION TO PROVIDE GRANTS. 

8 (a) GRANTS BY ATTORNEY GENERAL.— 

9 (1) IN GENERAL.—The Attorney General may 

10 provide assistance to eligible State and local entities 

11 and eligible nongovernmental organizations for the 

12 purpose of incorporating the best practice rec13 ommendations developed under section 5(b)(3) with14 in relevant State laws, policies, regulations, and judi15 cial decisions regarding people living with HIV/ 

16 AIDS. 

17 (2) AUTHORIZED ACTIVITIES.—The assistance 

18 authorized by paragraph (1) may include— 

19 (A) direct technical assistance to eligible 

20 State and local entities in order to develop, dis21 seminate, or implement State laws, policies, 

22 regulations, or judicial decisions that conform 

23 with the best practice recommendations devel24 oped under section 5(b)(3); 


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1 (B) direct technical assistance to eligible 

2 nongovernmental organizations in order to pro3 vide education and training, including through 

4 classes, conferences, meetings, and other edu5 cational activities, to eligible State and local en6 tities; and 

7 (C) subcontracting authority to allow eligi8 ble State and local entities and eligible non9 governmental organizations to seek technical as10 sistance from legal and public health experts 

11 with a demonstrated understanding of the prin12 ciples underlying the best practice recommenda13 tions developed under section 5(b)(3). 

14 (b) GRANTS BY SECRETARY OF HHS.— 

15 (1) IN GENERAL.—The Secretary of Health and 

16 Human Services, acting through the Director of the 

17 Centers for Disease Control and Prevention, may 

18 provide assistance to State and local public health 

19 departments and eligible nongovernmental organiza20 tions for the purpose of supporting eligible State and 

21 local entities to incorporate the best practice rec22 ommendations developed under section 5(b)(3) with23 in relevant State laws, policies, regulations, and judi24 cial decisions regarding people living with HIV/ 

25 AIDS. 


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1 (2) AUTHORIZED ACTIVITIES.—The assistance 

2 authorized by paragraph (1) may include— 

3 (A) direct technical assistance to State and 

4 local public health departments in order to sup5 port the development, dissemination, or imple6 mentation of State laws, policies, regulations, or 

7 judicial decisions that conform with the set of 

8 best practice recommendations developed under 

9 section 5(b)(3); 

10 (B) direct technical assistance to eligible 

11 nongovernmental organizations in order to pro12 vide education and training, including through 

13 classes, conferences, meetings, and other edu14 cational activities, to State and local public 

15 health departments; and 

16 (C) subcontracting authority to allow State 

17 and local public health departments and eligible 

18 nongovernmental organizations to seek technical 

19 assistance from legal and public health experts 

20 with a demonstrated understanding of the prin21 ciples underlying the best practice recommenda22 tions developed under section 5(b)(3). 

23 (c) LIMITATION.—As a condition of receiving assist24 ance through this section, eligible State and local entities, 


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1 State and local public health departments, and eligible 

2 nongovernmental organizations shall agree— 

3 (1) not to place any unique or additional bur4 dens on people living with HIV/AIDS solely as a re5 sult of their HIV status; and 

6 (2) that if the entity, department, or organiza7 tion promulgates any laws, policies, regulations, or 

8 judicial decisions regarding people living with HIV/ 

9 AIDS, such actions shall demonstrate a public 

10 health-oriented, evidence-based, medically accurate, 

11 and contemporary understanding of— 

12 (A) the multiple factors that lead to HIV 

13 transmission; 

14 (B) the relative risk of HIV transmission 

15 routes; 

16 (C) the current health implications of liv17 ing with HIV; 

18 (D) the associated benefits of treatment 

19 and support services for people living with HIV; 

20 and 

21 (E) the impact of punitive HIV-specific 

22 laws and policies on public health, on people liv23 ing with or affected by HIV, and on their fami24 lies and communities. 


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1 (d) REPORT.—No later than 1 year after the date 

2 of the enactment of this Act, and annually thereafter, the 

3 Attorney General and the Secretary of Health and Human 

4 Services, acting jointly, shall transmit to Congress and 

5 make publicly available a report describing, for each State, 

6 the impact and effectiveness of the assistance provided 

7 through this Act. Each such report shall include— 

8 (1) a detailed description of the progress each 

9 State has made, if any, in implementing the best 

10 practice recommendations developed under section 

11 5(b)(3) as a result of the assistance provided under 

12 this section, and based on the performance goals and 

13 indicators established as part of the monitoring and 

14 evaluation system in section (5)(d); 

15 (2) a brief summary of any outreach efforts un16 dertaken during the prior year by the Attorney Gen17 eral and the Secretary of Health and Human Serv18 ices to encourage States to seek assistance under 

19 this section in order to implement the best practice 

20 recommendations developed under section 5(b)(3); 

21 (3) a summary of how assistance provided 

22 through this section is being utilized by eligible 

23 State and local entities, State and local public health 

24 departments, and eligible nongovernmental organiza25 tions and, if applicable, any contractors, including 


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1 with respect to nongovernmental organizations, the 

2 type of technical assistance provided, and an evalua3 tion of the impact of such assistance on eligible 

4 State and local entities; and 

5 (4) a summary and description of eligible State 

6 and local entities, State and local public health de7 partments, and eligible nongovernmental organiza8 tions receiving assistance through this section, in9 cluding if applicable, a summary and description of 

10 any contractors selected to assist in implementing 

11 such assistance. 

12 (e) DEFINITIONS.—For the purposes of this section: 

13 (1) ELIGIBLE STATE AND LOCAL ENTITIES.— 

14 The term ‘‘eligible State and local entities’’ means 

15 the relevant individuals, offices, or organizations 

16 that directly participate in the development, dissemi17 nation, or implementation of State laws, policies, 

18 regulations, or judicial decisions, including— 

19 (A) State governments, including State at20 torneys general, State departments of justice, 

21 and State National Guards, or their equiva22 lents; 

23 (B) State judicial and court systems, in24 cluding trial courts, appellate courts, State suVerDate Mar 15 2010 03:24 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3053.IH H3053

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1 preme courts and courts of appeal, and State 

2 correctional facilities, or their equivalents; and 

3 (C) local governments, including city and 

4 county governments, district attorneys, and 

5 local law enforcement departments, or their 

6 equivalents. 

7 (2) STATE AND LOCAL PUBLIC HEALTH DE8 PARTMENTS.—The term ‘‘State and local public 

9 health departments’’ means the following: 

10 (A) State public health departments, or 

11 their equivalents, including the chief officer of 

12 such departments and infectious disease and 

13 communicable disease specialists within such 

14 departments. 

15 (B) Local public health departments, or 

16 their equivalents, including city and county 

17 public health departments, the chief officer of 

18 such departments, and infectious disease and 

19 communicable disease specialists within such 

20 departments. 

21 (C) Public health departments or officials, 

22 or their equivalents, within State or local cor23 rectional facilities. 


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1 (D) Public health departments or officials, 

2 or their equivalents, within State National 

3 Guards. 

4 (E) Any other recognized State or local 

5 public health organization or entity charged 

6 with carrying out official State or local public 

7 health duties. 

8 (3) ELIGIBLE NONGOVERNMENTAL ORGANIZA9 TIONS.—The term ‘‘eligible nongovernmental organi10 zations’’ means the following: 

11 (A) Nongovernmental organizations, in12 cluding trade organizations or associations that 

13 represent— 

14 (i) State attorneys general, or their 

15 equivalents; 

16 (ii) State public health officials, or 

17 their equivalents; 

18 (iii) State judicial and court officers, 

19 including judges, district attorneys, pros20 ecutors, defense attorneys, law enforce21 ment, and correctional officers; 

22 (iv) State National Guards; 

23 (v) people living with HIV/AIDS; 


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1 (vi) legal advocacy and HIV/AIDS 

2 service organizations that work with people 

3 living with HIV/AIDS; and 

4 (vii) nongovernmental health organi5 zations that work on behalf of people living 

6 with HIV/AIDS. 

7 (B) Nongovernmental organizations, in8 cluding trade organizations or associations that 

9 demonstrate a public health oriented, evidence10 based, medically accurate, and contemporary 

11 understanding of— 

12 (i) the multiple factors that lead to 

13 HIV transmission; 

14 (ii) the relative risk of HIV trans15 mission routes; 

16 (iii) the current health implications of 

17 living with HIV; 

18 (iv) the associated benefits of treat19 ment and support services for people living 

20 with HIV; and 

21 (v) the impact of punitive HIV-spe22 cific laws and policies on public health, on 

23 people living with or affected by HIV, and 

24 on their families and communities. 

25 (f) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—In addition to amounts oth2 erwise made available, there are authorized to be ap3 propriated to the Attorney General and the Sec4 retary of Health and Human Services such sums as 

5 may be necessary to carry out this section for each 

6 of the fiscal years 2012 through 2016. 

7 (2) AVAILABILITY OF FUNDS.—Amounts appro8 priated pursuant to the authorizations of appropria9 tions in paragraphs (1) and (2) are authorized to re10 main available until expended. 

Æ 


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