tation of these procedures. Penalties for viola-
tions of inmate confidentiality by medical per-
sonnel or correctional staff shall be specified 
and strictly enforced. 
(B) HIV testing, counseling, and treat-
ment shall be provided in a confidential setting 
where other routine health services are provided 
and in a manner that allows the inmate to re-
quest and obtain these services as routine med-
ical 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 pro-
vide— 
(i) confidential prerelease counseling 
on managing their medical condition in the 
community, accessing appropriate treat-
ment and services in the community, and 
preventing the transmission of their condi-
tion 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 part-
ner 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 cur-
rently 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 per-
sonnel. 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 consid-
ered a violation of prison rules or result in discipli-
nary action. 
(10) EXCLUSION OF TESTS PERFORMED UNDER 
SECTION 4014(B) FROM THE DEFINITION OF ROU-
TINE
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
RE-
SULTS.—Medical personnel shall provide timely noti-
fication 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 accord-
ance 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 de-
clines.’’. 
(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 amend-
ed by adding at the end the following: ‘‘Such rules shall 
also provide that the initial test under this section be per-
formed 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 Hepa-
titis and other diseases transmitted through sexual activ-
ity 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 Pol-
icy, and the Centers for Disease Control regarding the de-
velopment of this report. 
(b) ANNUAL REPORTS.— 
(1) GENERALLY.—Not later than 2 years after 
the date of the enactment of this Act, and then an-
nually thereafter, the Bureau shall report to Con-
gress on the incidence among inmates of diseases 
transmitted through sexual activity and intravenous 
drug use. 
(2) MATTERS
PERTAINING
TO
VARIOUS
DIS-
EASES.—Reports under paragraph (1) shall dis-
cuss— 
(A) the incidence among inmates of HIV/ 
AIDS, Hepatitis, and other diseases trans-
mitted 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 in-
clude— 
(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 re-
leased without sufficient notice; 
(D) the number of inmates who opted-out 
of taking the test; 
(E) the number of inmates who were test-
ed under section 4014(b) of title 18, United 
States Code; and 
(F) the number of inmates under treat-
ment 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: 
Clerk.