(v) the impact of punitive HIV-spe-
cific laws and policies on public health, on 
people living with or affected by HIV, and 
on their families and communities. 
(C) An analysis of the public health and 
legal implications of such laws, policies, regula-
tions, and judicial precedents and decisions, in-
cluding an analysis of the consequences of hav-
ing a similar penal scheme applied to com-
parable situations involving other communicable 
diseases. 
(D) An analysis of the proportionality of 
punishments imposed under HIV-specific laws, 
policies, regulations, and judicial precedents, 
taking into consideration penalties attached to 
violation of State laws against similar degrees 
of endangerment or harm, such as driving while 
intoxicated (DWI) or transmission of other 
communicable diseases, or more serious harms, 
such as vehicular manslaughter offenses. 
(2) An analysis of common elements shared be-
tween State laws, policies, regulations, and judicial 
precedents. 
(3) A set of best practice recommendations di-
rected to State governments, including State attor-
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neys general, public health officials, and judicial offi-
cers, in order to ensure that laws, policies, regula-
tions, and judicial precedents regarding people living 
with HIV are in accordance with the principles set 
forth in section 3. 
(4) Recommendations for adjustments to the 
UCMJ, as may be necessary, in order to ensure that 
laws, policies, regulations, and judicial precedents re-
garding people living with HIV/AIDS are in accord-
ance with the principles set forth in section 3. Such 
recommendations should include any necessary and 
appropriate changes to ‘‘Orders to Follow Preventa-
tive Medicine Requirements’’. 
(c) GUIDANCE.—Within 90 days of the release of the 
report required by subsection (b), the Attorney General 
and the Secretary of Health and Human Services, acting 
jointly, shall develop and publicly release updated guid-
ance for States based on the set of best practice rec-
ommendations required by subsection (b)(3) in order to 
assist States dealing with criminal and related civil com-
mitment cases regarding people living with HIV. 
(d) MONITORING AND EVALUATION SYSTEM.—With-
in 60 days of the release of the guidance required by sub-
section (c), the Attorney General and the Secretary of 
Health and Human Services, acting jointly, shall establish 
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an integrated monitoring and evaluation system which in-
cludes, where appropriate, objective and quantifiable per-
formance goals and indicators to measure progress toward 
statewide implementation in each State of the best prac-
tice recommendations required in subsection (b)(3). 
(e) MODERNIZATION OF FEDERAL LAWS, POLICIES, 
AND REGULATIONS.—Within 90 days of the release of the 
report required by subsection (b), the designated officials 
shall develop and transmit to the President and the Con-
gress, and make publicly available, such proposals as may 
be necessary to implement adjustments to Federal laws, 
policies, or regulations, including to the Uniform Code of 
Military Justice, based on the recommendations required 
by subsection (b)(4), either through Executive order or 
through changes to statutory law. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to discourage 
the prosecution of individuals who intentionally transmit 
or attempt to transmit HIV to another individual. 
SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. 
This Act shall not be construed to increase the 
amount of appropriations that are authorized to be appro-
priated for any fiscal year. 
SEC. 7. DEFINITIONS. 
For purposes of this Act: 
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(1) HIV AND HIV/AIDS.—The terms ‘‘HIV’’ and 
‘‘HIV/AIDS’’ have the meanings given to them in 
section 2689 of the Public Health Service Act (42 
U.S.C. 300ff–88). 
(2) STATE.—The term ‘‘State’’ includes the 
District of Columbia, American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam, 
Puerto Rico, and the United States Virgin Islands. 
Æ 
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