I 
111TH CONGRESS 
1ST SESSION H. R. 1429 
To provide for an effective HIV/AIDS program in Federal prisons. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2009 
Ms. WATERS (for herself, Mr. CONYERS, Mr. SMITH of Texas, Mr. SCOTT of 
Virginia, Ms. LEE of California, and Mrs. CHRISTENSEN) 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 2009’’. 
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, 
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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, and the Centers for Disease Control regarding the de-
velopment of this policy. 
(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. 
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SEC. 3. REQUIREMENTS FOR POLICY. 
The policy created under section 2 shall do the fol-
lowing: 
(1) TESTING
AND
COUNSELING
UPON
IN-
TAKE.— 
(A) Medical personnel shall provide routine 
HIV testing to all inmates as a part of a com-
prehensive medical examination immediately fol-
lowing admission to a facility. (Medical per-
sonnel need not provide routine HIV testing to 
an inmate who is transferred to a facility from 
another facility if the inmate’s medical records 
are transferred with the inmate and indicate 
that the inmate has been tested previously.) 
(B) To all inmates admitted to a facility 
prior to the effective date of this policy, medical 
personnel shall provide routine HIV testing 
within no more than 6 months. HIV testing for 
these inmates may be performed in conjunction 
with other health services provided to these in-
mates by medical personnel. 
(C) All HIV tests under this paragraph 
shall comply with paragraph (9). 
(2) PRE-TEST AND POST-TEST COUNSELING.— 
Medical personnel shall provide confidential pre-test 
and post-test counseling to all inmates who are test-
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ed for HIV. Counseling may be included with other 
general health counseling provided to inmates by 
medical personnel. 
(3) HIV/AIDS PREVENTION EDUCATION.— 
(A) Medical personnel shall improve HIV/ 
AIDS awareness through frequent educational 
programs for all inmates. HIV/AIDS edu-
cational programs may be provided by commu-
nity based organizations, local health depart-
ments, and inmate peer educators. These HIV/ 
AIDS educational programs shall include infor-
mation on modes of transmission, including 
transmission through tattooing, sexual contact, 
and intravenous drug use; prevention methods; 
treatment; and disease progression. HIV/AIDS 
educational programs shall be culturally sen-
sitive, conducted in a variety of languages, and 
present scientifically accurate information in a 
clear and understandable manner. 
(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. These materials shall be 
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culturally sensitive, written for low literacy lev-
els, and available in a variety of languages. 
(4) HIV TESTING UPON REQUEST.— 
(A) Medical personnel shall allow inmates 
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. 
Medical personnel shall, both orally and in writ-
ing, inform inmates, during orientation and pe-
riodically throughout incarceration, of their 
right to obtain HIV tests. 
(B) Medical personnel shall encourage in-
mates to request HIV tests if the inmate is sex-
ually active, has been raped, uses intravenous 
drugs, receives a tattoo, or if the inmate is con-
cerned that the inmate may have been exposed 
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) Medical personnel shall provide routine 
HIV testing to all inmates who become preg-
nant. 
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(B) All HIV tests under this paragraph 
shall comply with paragraph (9). 
(6) COMPREHENSIVE TREATMENT.— 
(A) Medical personnel shall provide all in-
mates 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 
(iii) voluntary partner notification 
services. 
(B) Medical care provided under this para-
graph shall be consistent with current Depart-
ment of Health and Human Services guidelines 
and standard medical practice. Medical 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) Medical and pharmacy personnel shall 
ensure that the facility formulary contains all 
Food and Drug Administration-approved medi-
cations necessary to provide comprehensive 
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treatment for inmates living with HIV/AIDS, 
and that the facility maintains adequate sup-
plies of such medications to meet inmates’ med-
ical needs. Medical and pharmacy personnel 
shall also develop and implement automatic re-
newal systems for these medications to prevent 
interruptions in care. 
(D) Correctional staff and medical and 
pharmacy personnel shall develop and imple-
ment distribution procedures to ensure timely 
and confidential access to medications. 
(7) PROTECTION OF CONFIDENTIALITY.— 
(A) Medical personnel shall develop and 
implement procedures to ensure the confiden-
tiality of inmate tests, diagnoses, and treat-
ment. Medical personnel and correctional staff 
shall receive regular training on the implemen-
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-
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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-
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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. 
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(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 
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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. 
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(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; 
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(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. 
Æ 
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