567 
(1) should not place unique or additional bur-
dens on such individuals solely as a result of their 
HIV status; and 
(2) should instead demonstrate a public health- 
oriented, evidence-based, medically accurate, and 
contemporary understanding of— 
(A) the multiple factors that lead to HIV 
transmission; 
(B) the relative risk of HIV transmission 
routes; 
(C) the current health implications of liv-
ing with HIV; 
(D) the associated benefits of treatment 
and support services for people living with HIV; 
and 
(E) the impact of punitive HIV-specific 
laws and policies on public health, on people liv-
ing with or affected by HIV, and on their fami-
lies and communities. 
(c) REVIEW OF ALL FEDERAL AND STATE LAWS, 
POLICIES, AND REGULATIONS REGARDING THE CRIMINAL 
PROSECUTION OF INDIVIDUALS FOR HIV-RELATED OF-
FENSES.— 
(1) REVIEW OF FEDERAL AND STATE LAWS.— 
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(A) IN GENERAL.—No later than 90 days 
after the date of the enactment of this Act, the 
Attorney General, the Secretary of Health and 
Human Services, and the Secretary of Defense 
acting jointly (in this paragraph and paragraph 
(2) referred to as the ‘‘designated officials’’) 
shall initiate a national review of Federal and 
State laws, policies, regulations, and judicial 
precedents and decisions regarding criminal and 
related civil commitment cases involving people 
living with HIV/AIDS, including in regards to 
the Uniform Code of Military Justice. 
(B) CONSULTATION.—In carrying out the 
review under subparagraph (A), the designated 
officials shall ensure diverse participation and 
consultation from each State, including with— 
(i) State attorneys general (or their 
representatives); 
(ii) State public health officials (or 
their representatives); 
(iii) State judicial and court system 
officers, including judges, district attor-
neys, prosecutors, defense attorneys, law 
enforcement, and correctional officers; 
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(iv) members of the United States 
Armed Forces, including members of other 
Federal services subject to the Uniform 
Code of Military Justice; 
(v) people living with HIV/AIDS, par-
ticularly those who have been subject to 
HIV-related prosecution or who are from 
communities whose members have been 
disproportionately subject to HIV-specific 
arrests and prosecutions; 
(vi) legal advocacy and HIV/AIDS 
service organizations that work with people 
living with HIV/AIDS; 
(vii) nongovernmental health organi-
zations that work on behalf of people living 
with HIV/AIDS; and 
(viii) trade organizations or associa-
tions representing persons or entities de-
scribed in clauses (i) through (vii). 
(C) RELATION
TO
OTHER
REVIEWS.—In 
carrying out the review under subparagraph 
(A), the designated officials may utilize other 
existing reviews of criminal and related civil 
commitment cases involving people living with 
HIV/AIDS, including any such review con-
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ducted by any Federal or State agency or any 
public health, legal advocacy, or trade organiza-
tion or association if the designated officials de-
termine that such reviews were conducted in ac-
cordance with the principles set forth in sub-
section (b). 
(2) REPORT.—No later than 180 days after ini-
tiating the review required by paragraph (1), the At-
torney General shall transmit to the Congress and 
make publicly available a report containing the re-
sults of the review, which includes the following: 
(A) For each State and for the Uniform 
Code of Military Justice, a summary of the rel-
evant laws, policies, regulations, and judicial 
precedents and decisions regarding criminal 
cases involving people living with HIV/AIDS, 
including, if applicable, the following: 
(i) A determination of whether such 
laws, policies, regulations, and judicial 
precedents and decisions place any unique 
or additional burdens upon people living 
with HIV/AIDS. 
(ii) A determination of whether such 
laws, policies, regulations, and judicial 
precedents and decisions demonstrate a 
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571 
public 
health-oriented, 
evidence-based, 
medically accurate, and contemporary un-
derstanding of— 
(I) the multiple factors that lead 
to HIV transmission; 
(II) the relative risk of HIV 
transmission routes; 
(III) the current health implica-
tions of living with HIV; 
(IV) the associated benefits of 
treatment and support services for 
people living with HIV; and 
(V) the impact of punitive HIV- 
specific laws and policies on public 
health, on people living with or af-
fected by HIV, and on their families 
and communities. 
(iii) An analysis of the public health 
and legal implications of such laws, poli-
cies, regulations, and judicial precedents, 
including an analysis of the consequences 
of having a similar penal scheme applied to 
comparable situations involving other com-
municable diseases. 
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(iv) An analysis of the proportionality 
of punishments imposed under HIV-spe-
cific laws, policies, regulations, and judicial 
precedents, taking into consideration pen-
alties attached to violation of State laws 
against similar degrees of endangerment or 
harm, such as driving while intoxicated 
(DWI) or transmission of other commu-
nicable diseases, or more serious harms, 
such as vehicular manslaughter offenses. 
(B) An analysis of common elements 
shared among State laws, policies, regulations, 
and judicial precedents. 
(C) A set of best practice recommendations 
directed to State governments, including State 
attorneys general, public health officials, and 
judicial officers, in order to ensure that laws, 
policies, regulations, and judicial precedents re-
garding people living with HIV/AIDS are in ac-
cordance with the principles set forth in sub-
section (b). 
(D) Recommendations for adjustments to 
the Uniform Code of Military Justice, as may 
be necessary, in order to ensure that laws, poli-
cies, regulations, and judicial precedents re-
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