H.R. 1943House110th Congress (2007-2009)Passed House

Stop AIDS in Prison Act of 2007

Legislative Activity

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20 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1085.

September 25, 2008

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HouseIntro Referral

Sponsor introductory remarks on measure. (CR H1313)

February 7, 2007

HouseIntro Referral

Introduced in House

April 19, 2007

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

April 19, 2007

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Federal Government Surveillance Subcommittee

May 4, 2007

HouseCommittee

Subcommittee Hearings Held.

Crime and Federal Government Surveillance Subcommittee

May 22, 2007

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

Crime and Federal Government Surveillance Subcommittee

July 24, 2007

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote .

Crime and Federal Government Surveillance Subcommittee

July 24, 2007

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

July 25, 2007

HouseCommittee

Ordered to be Reported by Voice Vote.

Judiciary Committee

July 25, 2007

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 110-342.

Judiciary Committee

September 24, 2007

HouseCalendars

Placed on the Union Calendar, Calendar No. 213.

September 24, 2007

HouseFloor

Ms. Waters moved to suspend the rules and pass the bill, as amended.

September 25, 2007 • 1:57 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10793-10796)

September 25, 2007 • 1:57 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1943.

September 25, 2007 • 1:57 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H10793-10795)

September 25, 2007 • 2:12 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H10793-10795)

September 25, 2007 • 2:12 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 25, 2007 • 2:12 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

September 26, 2007

SenateCommittee

Committee on the Judiciary. Ordered to be reported without amendment favorably.

Judiciary Committee

September 25, 2008

SenateCommittee

Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.

Judiciary Committee

September 25, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1085.

September 25, 2008

Floor Debate

3 members

What members said about H.R. 1943 on the floor

1 Republican2 Democrats

Rep. Maxine WatersD-CA-35 · Sep 25, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1943) to provide for an effective HIV/AIDS program in Federal prisons, as amended. Mr. Speaker, I ask unanimous consent that all…

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1943) to provide for an effective HIV/AIDS program in Federal prisons, as amended.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield to myself such time as I may consume.

Mr. Speaker, before I give my statement on this legislation, I'd sincerely like to thank Mr. Lamar Smith, my colleague on the opposite side of the aisle who was the author of this legislation in the last Congress and who has worked with me so much and so well to bring this legislation before us today. I'm very thankful to him. We have 43 cosponsors on this bill, and I'd also like to thank Mr. Randy Forbes and Mr. Luis Fortuno who are on the opposite side of the aisle who worked with us on this bill; but all of the Members who came together to get this legislation to this point today are to be appreciated because it was somewhat controversial when Mr. Smith first brought the idea to us. And, of course, I would like to thank Judiciary Committee Chairman John Conyers for all of his support for this legislation.

This particular legislation takes us back 25 years after AIDS was discovered; the AIDS virus continues to spread. About 1.7 million Americans have been infected by HIV since the beginning of the epidemic, and there are 1.2 million Americans living with HIV today. Every year, there are 40,000 new HIV infections and 17,000 new AIDS- related deaths in the United States.

We need to take the threat of HIV/AIDS seriously and confront it in every institution of our society. That includes our Nation's prison system, and that is why this bill is so important.

The Stop AIDS in Prison Act requires the Federal Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment and prevention for inmates in Federal prisons. The bill requires the Bureau of Prisons to test all prison inmates for HIV upon entering prison and again prior to release from prison, unless the inmate absolutely opts out of taking the test.

The bill requires HIV/AIDS prevention education for all inmates and comprehensive treatment for those inmates who test positive. Language was included to protect the confidentiality of inmate tests, diagnosis, and treatment and to require that inmates receive pre-test and post- test counseling so that they will understand the meaning of HIV test results.

In 2005, the Department of Justice reported that the rate of confirmed AIDS cases in prisons was three times higher than in the general population. The Department of Justice also reported that 2 percent of the State prison inmates and 1.1 percent of Federal prison inmates were known to be living with HIV/AIDS in 2003.

However, the actual rate of HIV infection in our Nation's prisons is simply unknown, and it could be considerably higher.

This is because prison officials do not consistently test prisoners for HIV. The only way to determine whether HIV has been spread among prisoners is to begin routine HIV testing of all prison inmates. This bill does that.

This bill has been endorsed by a number of prominent HIV/AIDS advocacy organizations, including AIDS Action, the AIDS Institute, the National Minority AIDS Council, the AIDS Health Care Foundation, the HIV Medicine Association, AIDS Project Los Angeles, and Bienestar; that happens to be a Latino community service and advocacy organization. The bill also has been endorsed by the Los Angeles County Board of Supervisors and even the Los Angeles Times.

Mr. Speaker and Members, I urge my colleagues to support the bill.

I reserve the balance of my time.

I yield to the gentlelady from California, Ms. Barbara Lee, 5 minutes, a woman who has been in the forefront of the fight against HIV and AIDS not only domestically but internationally.

Mr. Speaker, I would like to use this moment to just thank, again, Representative Lamar Smith. Also I would like to thank, again, Chairman John Conyers and Subcommittee Chairman Bobby Scott and all of the Members who have signed on as cosponsors on this bill.

Again, as was mentioned by Congresswoman Barbara Lee, it certainly did start out a bit controversial. We had some of the advocacy groups who did not support this bill when we began to talk about doing something about AIDS in the prison system. As a matter of fact, questions were raised about everything from confidentiality to the cost to not knowing what to do about follow-up once they leave. But we have been able to answer all of those questions, and some of those who were opposed are now very, very strong supporters because they understand that we really do have to take additional steps to stem the tide of HIV and AIDS in this country.

You would think after 25 years and all of the education that we have tried to do, all the literature that has been written, that everyone would know everything that they need to know about HIV and AIDS. But it is not true. And one of the things that we had to consider was why was it there was an increase in HIV and AIDS with women, particularly minority women. And then we had to take a look at where it may be coming from. And though we don't have empirical data, we do think we are on the right track in helping to stem this tide because we do think that some of these infections are coming from those who may have been incarcerated.

Those who are incarcerated have nothing to fear. As a matter of fact, they should feel even protected by what we are doing because, despite the fact that we don't always discuss what is going on in prison, I think we have a pretty good idea. And this will help again to save the lives not only of inmates, but certainly the mates of inmates when they return into the general population.

Mr. Speaker, I thank everyone.

Rep. Barbara LeeD-CA-9 · Sep 25, 2007

Mr. Speaker, first let me thank Congresswoman Waters for yielding and for introducing H.R. 1943, the Stop AIDS in Prison Act, and for your leadership on so many issues. But I just want to talk very briefly about what has happened since 1998 under your leadership when you were Chair of the Congressional Black Caucus.

I can remember when I was first elected in 1998, one of the first efforts that I was involved in with Congresswoman Waters, then as Chair, was calling together a national meeting on a moment's notice. I think we had maybe 2 weeks, 10 days to bring people from around the country here to Washington, DC to talk about a bold response to HIV and AIDS, especially

here in the African American community given the devastation and the disproportionate rates that our communities are faced with.

Out of that meeting, and it was truly a grassroots meeting in Washington, DC on Capitol Hill, we came up with several plans, several strategies, one of which was the idea to establish the Minority AIDS Initiative. Congresswoman Waters not only talked about why we needed to have a separate pot of money that would track the disease and track prevention, treatment, and education efforts around HIV and AIDS, but also she worked to make sure that happened and oftentimes was the lone voice in the wilderness calling for this.

Well, fast forward. So much has happened since then. We were in Toronto, Canada last year, and Congresswoman Waters, myself, Congresswoman Christensen, we said we have got to take on some tougher issues now because this disease is really getting worse, and the unfortunate reality is that to be black in America is to be at greater risk of HIV and AIDS. And I will never forget her saying: Now, I am going to do something really bold when I get back; now, just get ready for it.

And it was amazing to see how she moved forward with this bill, the Stop AIDS in Prison Act to help us move one step closer to our goal by providing this opt-out testing, treatment, and education at all Federal prison facilities. And she knew that it was going to be controversial, which it was.

But as I listened to the list of supporters and those organizations that have endorsed the bill, I want to just say that this is a real testament to making sure that people understood, the country understood why this bill was necessary and needed, and how she brought people together and organizations together to get this bill to the floor today.

And so it is a good day, Congresswoman Waters, and I want to thank you so much for stepping out there once again, because it is an example of what we need to do to make sure that we take on the tough issues that we are taking on.

Finally, let me say, as part of our comprehensive strategy, I am working on a bill which Congresswoman Waters has supported, H.R. 178, called The Justice Act, which would allow for condom distribution in Federal prisons as well as in State prisons, and that is something that we need to do. We have got to fund the Ryan White Care Act and the Minority AIDS Initiative this year. I think we asked for at least $610 million.

We have a long way to go and there are many now, thank goodness, bills that are coming before this body that will allow for a strong, robust response. This is really one of the major pieces of legislation that are central to this overall agenda.

Finally, let me say, we join the Black AIDS Institute to call for a national mobilization and a national plan to end the HIV/AIDS epidemic in America. And, in fact, this plan is bold. It is going to move forward in a very aggressive way. We must employ every strategy that we can to stamp this from the face of the Earth. And so today is another day that we are making one major step in the right direction. And again, Congresswoman Waters, thank you for your leadership and for yielding, and congratulations.

Rep. Lamar SmithR-TX-21 · Sep 25, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am a strong supporter of H.R. 1943, The Stop AIDS in Prison Act of 2007. I introduced this legislation in the last Congress and…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I am a strong supporter of H.R. 1943, The Stop AIDS in Prison Act of 2007.

I introduced this legislation in the last Congress and am an original cosponsor of it this year as well. And I want to thank my colleague, Congresswoman Waters, for her energetic help. I was happy to work with her in the last Congress, and I am pleased that we have worked together again this year. Also, I want to thank Chairman Conyers for his leadership in bringing this legislation to the House floor today.

Mr. Speaker, the incidence of HIV and AIDS in Federal and State prison populations is difficult to measure because not all Federal and State inmates are routinely tested. There are approximately 170,000 prisoners in the Federal system. The Justice Department said in its 2006 report that about 2 percent of State prison inmates and over 1 percent of all Federal inmates were known to be infected with HIV. The occurrence of HIV and AIDS cases in Federal prison is at least three times higher than it is among the United States population as a whole.

H.R. 1943 requires routine HIV testing for all Federal prison inmates upon entry and prior to release. For all existing inmates, testing is required within 6 months of enactment. This reasonable requirement will enable prison officials to reduce HIV among inmates and provide much needed counseling, prevention, and health care services for inmates who happen to be infected.

Requiring Federal inmates to be tested when they enter prison and when they leave prison is just good common sense. For some prisoners tested when they enter prison, such testing will ensure that they receive adequate treatments, education, and prevention services while incarcerated. Similarly, it is important that prisoners are tested shortly before they are released into the community so that adequate services can be provided after their release. That, in turn, will protect the community.

I believe in tough punishment for criminal offenders because the public deserves to be protected. But we have a duty to treat prisoners humanely and to rehabilitate them. Preventing the spread of HIV and AIDS among prisoners is an essential aspect of humane treatment and rehabilitation. So I urge my colleagues to support this legislation.

Before I reserve the balance of my time, I just want to thank Congresswoman Waters again for making sure that we are here today, for her leadership on this legislation, and for working with me both last year and this year on such an important bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.

Bill Text

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Reported to SenateIssued September 25, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1943 Reported in Senate (RS)]

Calendar No. 1085
110th CONGRESS
1st Session
H. R. 1943

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 26, 2007

Received; read twice and referred to the Committee on the Judiciary

September 25 (legislative day, September 17), 2008

Reported by Mr. Leahy, without amendment

_______________________________________________________________________

AN ACT

To provide for an effective HIV/AIDS program in Federal prisons.

Be it enacted by the Senate and House of Representatives 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 2007''.

SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.

(a) In General.--The Bureau of Prisons (hereinafter 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 inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive medical treatment to inmates
who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health.
(6) To reduce the risk that inmates will transmit 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 Policy, and the Centers for Disease Control
regarding the development of this policy.
(d) Time Limit.--The Bureau shall draft appropriate 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 following:
(1) Testing and counseling upon intake.--
(A) Medical personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Medical personnel 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 inmates 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 tested 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 educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators. These HIV/AIDS
educational programs shall include information 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
sensitive, 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 available to all inmates. These materials shall
be culturally sensitive, written for low literacy
levels, 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 writing, inform inmates, during orientation and
periodically throughout incarceration, of their right
to obtain HIV tests.
(B) Medical personnel shall encourage inmates to
request HIV tests if the inmate is sexually active, has
been raped, uses intravenous drugs, receives a tattoo,
or if the inmate is concerned 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 pregnant.
(B) All HIV tests under this paragraph shall comply
with paragraph (9).
(6) Comprehensive treatment.--
(A) Medical personnel shall provide all inmates who
test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Medical care provided under this paragraph
shall be consistent with current Department of Health
and Human Services guidelines and standard medical
practice. Medical personnel shall discuss treatment
options, the importance 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 medications necessary to
provide comprehensive treatment for inmates living with
HIV/AIDS, and that the facility maintains adequate
supplies of such medications to meet inmates' medical
needs. Medical and pharmacy personnel shall also
develop and implement automatic renewal systems for
these medications to prevent interruptions in care.
(D) Correctional staff and medical and pharmacy
personnel shall develop and implement 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 confidentiality of inmate
tests, diagnoses, and treatment. Medical personnel and
correctional staff shall receive regular training on
the implementation of these procedures. Penalties for
violations of inmate confidentiality by medical
personnel or correctional staff shall be specified and
strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential setting where other routine
health services are provided and in a manner that
allows the inmate to request and obtain these services
as routine medical 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 provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition 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 partner 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 currently
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 personnel. 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 considered a violation of prison
rules or result in disciplinary action.
(10) Exposure incident testing.--The Bureau may perform HIV
testing of an inmate under section 4014 of title 18, United
States Code. HIV testing of an inmate who is involved in an
exposure incident is not ``routine HIV testing'' for the
purposes of paragraph (9) and does not require the inmate's
consent. Medical personnel shall document the reason for
exposure incident testing in the inmate's confidential medical
records.
(11) Timely notification of test results.--Medical
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 accordance 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
declines''.
(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 2007''
after ``under this section''.
(c) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed 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 Hepatitis and
other diseases transmitted through sexual activity 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 Policy, and the Centers for Disease Control regarding the
development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
Hepatitis, and other diseases transmitted 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 include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested following
exposure incidents; and
(F) the number of inmates under treatment 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.

Passed the House of Representatives September 25, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.
Calendar No. 1085

110th CONGRESS

1st Session

H. R. 1943

_______________________________________________________________________

AN ACT

To provide for an effective HIV/AIDS program in Federal prisons.

_______________________________________________________________________

September 25 (legislative day, September 17), 2008

Reported without amendment