I 
113TH CONGRESS 
1ST SESSION 
H. R. 895 
To provide for an effective HIV/AIDS program in Federal prisons. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2013 
Ms. WATERS (for herself, Mr. CONYERS, Mr. SCOTT of Virginia, Mr. GRI-
JALVA, Mr. SERRANO, Mr. NADLER, Ms. LEE of California, Mrs. 
CHRISTENSEN, Ms. ROYBAL-ALLARD, Ms. NORTON, Mr. RANGEL, Ms. 
JACKSON LEE, Ms. WILSON of Florida, Mr. HASTINGS of Florida, Ms. 
SCHAKOWSKY, Ms. HAHN, Ms. SEWELL of Alabama, Mr. RUSH, Ms. 
CLARKE, Mr. JOHNSON of Georgia, Ms. LINDA T. SA´NCHEZ of California, 
Mr. BLUMENAUER, Mr. COHEN, Mr. ELLISON, Mr. HONDA, Mr. LEWIS, 
Mr. CLAY, Mrs. BEATTY, and Mr. CUMMINGS) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide for an effective HIV/AIDS program in Federal 
prisons. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop AIDS in Prison 
Act of 2013’’. 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. 
(a) IN GENERAL.—The Bureau of Prisons (herein-
after in this Act referred to as the ‘‘Bureau’’) shall develop 
a comprehensive policy to provide HIV testing, treatment, 
and prevention for inmates within the correctional setting 
and upon reentry. 
(b) PURPOSE.—The purposes of this policy shall be 
as follows: 
(1) To stop the spread of HIV/AIDS among in-
mates. 
(2) To protect prison guards and other per-
sonnel from HIV/AIDS infection. 
(3) To provide comprehensive medical treat-
ment to inmates who are living with HIV/AIDS. 
(4) To promote HIV/AIDS awareness and pre-
vention among inmates. 
(5) To encourage inmates to take personal re-
sponsibility for their health. 
(6) To reduce the risk that inmates will trans-
mit HIV/AIDS to other persons in the community 
following their release from prison. 
(c) CONSULTATION.—The Bureau shall consult with 
appropriate officials of the Department of Health and 
Human Services, the Office of National Drug Control Pol-
icy, the Office of National AIDS Policy, and the Centers 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
for Disease Control regarding the development of this pol-
icy. 
(d) TIME LIMIT.—The Bureau shall draft appro-
priate regulations to implement this policy not later than 
1 year after the date of the enactment of this Act. 
SEC. 3. REQUIREMENTS FOR POLICY. 
The policy created under section 2 shall do the fol-
lowing: 
(1) TESTING
AND
COUNSELING
UPON
IN-
TAKE.— 
(A) Health care personnel shall provide 
routine HIV testing to all inmates as a part of 
a comprehensive medical examination imme-
diately following admission to a facility. (Health 
care personnel need not provide routine HIV 
testing to an inmate who is transferred to a fa-
cility from another facility if the inmate’s med-
ical records are transferred with the inmate and 
indicate that the inmate has been tested pre-
viously.) 
(B) To all inmates admitted to a facility 
prior to the effective date of this policy, health 
care personnel shall provide routine HIV testing 
within no more than 6 months. HIV testing for 
these inmates may be performed in conjunction 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
with other health services provided to these in-
mates by health care personnel. 
(C) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(2) PRE-TEST AND POST-TEST COUNSELING.— 
Health care personnel shall provide confidential pre- 
test and post-test counseling to all inmates who are 
tested for HIV. Counseling may be included with 
other general health counseling provided to inmates 
by health care personnel. 
(3) HIV/AIDS PREVENTION EDUCATION.— 
(A) Health care personnel shall improve 
HIV/AIDS awareness through frequent edu-
cational programs for all inmates. HIV/AIDS 
educational programs may be provided by com-
munity based organizations, local health depart-
ments, and inmate peer educators. 
(B) HIV/AIDS educational materials shall 
be made available to all inmates at orientation, 
at health care clinics, at regular educational 
programs, and prior to release. Both written 
and audio-visual materials shall be made avail-
able to all inmates. 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
(C)(i) The HIV/AIDS educational pro-
grams and materials under this paragraph shall 
include information on— 
(I) modes of transmission, including 
transmission through tattooing, sexual con-
tact, and intravenous drug use; 
(II) prevention methods; 
(III) treatment; and 
(IV) disease progression. 
(ii) The programs and materials shall be 
culturally sensitive, written or designed for low 
literacy levels, available in a variety of lan-
guages, and present scientifically accurate in-
formation in a clear and understandable man-
ner. 
(4) HIV TESTING UPON REQUEST.— 
(A) Health care personnel shall allow in-
mates to obtain HIV tests upon request once 
per year or whenever an inmate has a reason to 
believe the inmate may have been exposed to 
HIV. Health care personnel shall, both orally 
and in writing, inform inmates, during orienta-
tion and periodically throughout incarceration, 
of their right to obtain HIV tests. 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
(B) Health care personnel shall encourage 
inmates to request HIV tests if the inmate is 
sexually active, has been raped, uses intra-
venous drugs, receives a tattoo, or if the inmate 
is concerned that the inmate may have been ex-
posed to HIV/AIDS. 
(C) An inmate’s request for an HIV test 
shall not be considered an indication that the 
inmate has put him/herself at risk of infection 
and/or committed a violation of prison rules. 
(5) HIV TESTING OF PREGNANT WOMAN.— 
(A) Health care personnel shall provide 
routine HIV testing to all inmates who become 
pregnant. 
(B) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(6) COMPREHENSIVE TREATMENT.— 
(A) Health care personnel shall provide all 
inmates who test positive for HIV— 
(i) 
timely, 
comprehensive 
medical 
treatment; 
(ii) confidential counseling on man-
aging their medical condition and pre-
venting its transmission to other persons; 
and 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
(iii) voluntary partner notification 
services. 
(B) Health care provided under this para-
graph shall be consistent with current Depart-
ment of Health and Human Services guidelines 
and standard medical practice. Health care per-
sonnel shall discuss treatment options, the im-
portance of adherence to antiretroviral therapy, 
and the side effects of medications with inmates 
receiving treatment. 
(C) Health care personnel and pharmacy 
personnel shall ensure that the facility for-
mulary contains all Food and Drug Administra-
tion-approved medications necessary to provide 
comprehensive treatment for inmates living with 
HIV/AIDS, and that the facility maintains ade-
quate supplies of such medications to meet in-
mates’ medical needs. Health care personnel 
and pharmacy personnel shall also develop and 
implement automatic renewal systems for these 
medications to prevent interruptions in care. 
(D) Correctional staff, health care per-
sonnel, and pharmacy personnel shall develop 
and implement distribution procedures to en-
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
sure timely and confidential access to medica-
tions. 
(7) PROTECTION OF CONFIDENTIALITY.— 
(A) Health care personnel shall develop 
and implement procedures to ensure the con-
fidentiality of inmate tests, diagnoses, and 
treatment. Health care personnel and correc-
tional staff shall receive regular training on the 
implementation of these procedures. Penalties 
for violations of inmate confidentiality by health 
care personnel 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) Health care personnel shall provide 
routine HIV testing to all inmates no more 
than 3 months prior to their release and re-
entry into the community. (Inmates who are al-
ready known to be infected need not be tested 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
again.) This requirement may be waived if an 
inmate’s release occurs without sufficient notice 
to the Bureau to allow health care personnel to 
perform a routine HIV test and notify the in-
mate of the results. 
(B) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(C) To all inmates who test positive for 
HIV and all inmates who already are known to 
have HIV/AIDS, health care personnel shall 
provide— 
(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 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
(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 health care 
personnel. If an inmate refuses a routine test for 
HIV, health care 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 
considered a violation of prison rules or result in dis-
ciplinary action. Any reference in this section to the 
‘‘opt-out provision’’ shall be deemed a reference to 
the requirement of this paragraph. 
(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 
the opt-out provision. Health care personnel shall 
document the reason for testing under section 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
4014(b) of title 18, United States Code, in the in-
mate’s confidential medical records. 
(11) TIMELY
NOTIFICATION
OF
TEST
RE-
SULTS.—Health care personnel shall provide timely 
notification 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 2013’’ after ‘‘under 
this section’’. 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS
(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, the Office of National AIDS Policy, and the Centers 
for Disease Control regarding the development of this re-
port. 
(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 
VerDate Mar 15 2010 
03:06 Mar 02, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H895.IH
H895
tjames on DSK6SPTVN1PROD with BILLS