(H) Nongovernmental health organizations 
that work on behalf of people living with HIV/ 
AIDS. 
(I) Trade organizations or associations 
representing persons or entities described in 
subparagraphs (A) through (G). 
(3) RELATION
TO
OTHER
REVIEWS.—In car-
rying out the review under paragraph (1), the des-
ignated officials may utilize other existing reviews of 
criminal and related civil commitment cases involv-
ing people living with HIV, including any such re-
view conducted by any Federal or State agency or 
any public health, legal advocacy, or trade organiza-
tion or association if the designated officials deter-
mines that such reviews were conducted in accord-
ance with the principles set forth in section 3. 
(b) REPORT.—Not later than 180 days after initi-
ating the review required by subsection (a), the Attorney 
General shall transmit to the Congress and make publicly 
available a report containing the results of the review, 
which includes the following: 
(1) For each State and for the UCMJ, a sum-
mary of the relevant laws, policies, regulations, and 
judicial precedents and decisions regarding criminal 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS
cases involving people living with HIV, including the 
following: 
(A) A determination of whether such laws, 
policies, regulations, and judicial precedents 
and decisions place any unique or additional 
burdens upon people living with HIV. 
(B) A determination of whether such laws, 
policies, regulations, and judicial precedents 
and decisions demonstrate a public health-ori-
ented, evidence-based, medically accurate, and 
contemporary understanding of— 
(i) the multiple factors that lead to 
HIV transmission; 
(ii) the relative risk of HIV trans-
mission routes, including that a person 
that has an undetectable viral load cannot 
transmit the disease; 
(iii) the current health implications of 
living with HIV; 
(iv) the current status of providing 
protection to people who engage in survival 
sex work against whom condom possession 
has been used as evidence to intent to com-
mit a crime; 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS
(v) States that have the classification 
of mandatory sex offenders; 
(vi) the associated benefits of treat-
ment and support services for people living 
with HIV; and 
(vii) 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, includ-
ing people who are in abusive, dependent, 
violent, and non-consensual relationships 
and are unable to both negotiate the use of 
condoms and status disclosure. 
(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 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS
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-
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, including discontinuing the use of a service 
member’s HIV diagnosis as the basis for prosecu-
tion, enhanced penalties, or discharge from military 
service, 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. Such recommendations should in-
clude any necessary and appropriate changes to ‘‘Or-
ders to Follow Preventative Medicine Require-
ments’’. 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS
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: 
(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 
VerDate Sep 11 2014 
20:49 Mar 05, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H6054.IH
H6054
pamtmann on DSKBC07HB2PROD with BILLS