Findings

Congress makes the following findings: (1)Under Federal immigration law, prospective immigrants, foreign students, refugees, and tourists who are infected with the Human Immunodeficiency Virus (HIV) are prohibited from entering the United States. Applicants for permanent residence and refugee status are required to be tested for HIV infection. (2)Applicants for temporary admission as nonimmigrants, such as tourists and foreign students, are required to disclose their HIV status when applying for a visa. If questioned, such applicants may be required to undergo an HIV test. (3)The Secretary of Homeland Security may issue a waiver to the HIV prohibition, on a case-by-case basis, only to any HIV-positive individual who— (A)(i)applies for permanent admission as an immigrant; (ii)is the parent, spouse, unmarried son or daughter, or minor adopted child of a United States citizen or a permanent resident, or a refugee or asylee adjusting to immigrant status; and (iii)can establish that— (I)the danger to the public health of the United States created by the applicant’s admission would be minimal; (II)the possibility of the spread of the infection created by the applicant’s admission would be minimal; and (III)there would be no cost incurred by any level of government agency of the United States without the prior consent of that agency; (B)(i)applies for admission as a refugee; (ii)is eligible for admission for humanitarian purposes or to assure family unity, or whose admission is otherwise in the public interest; and (iii)meets the requirements described in subclauses (I) and (II) of subparagraph (A)(iii); or (C)applies for a short-term nonimmigrant visa, including— (i)a tourist who meets the requirements described in subclauses (I) through (III) of subparagraph (A)(iii) and intends to remain in the United States for less than 30 days; and (ii)a participant in a designated event, such as a conference or international sporting event and intends to remain in the United States for less than 10 days. (4)The travel and immigration ban on HIV-positive individuals— (A)was implemented in 1987 by regulations issued through the Public Health Service of the Department of Health and Human Services; and (B)requires HIV screening for all persons over 14 years of age who apply for an immigrant or nonimmigrant visa. (5)Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) authorizes the Secretary of Health and Human Services to prescribe regulations to determine which diseases are considered communicable diseases of public health significance that would exclude noncitizens with such diseases from entering the United States. (6)In 1991, the Secretary of Health and Human Services, after conducting a public health analysis, proposed ending the HIV travel and immigration ban by removing HIV from the list of communicable diseases of public health significance. The proposal was eventually dropped due to opposition from the Congress. (7)In 1993, Congress revoked the authority of the Secretary of Health and Human Services to make a public health determination regarding HIV status as grounds for inadmissibility for potential foreign students, tourists, refugees, and immigrants to the United States by specifically designating infection with the etiologic agent for acquired immune deficiency syndrome as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act. (8)The United States is 1 of 13 countries with a law that bans travel and immigration for persons with HIV. The other countries are Armenia, Brunei, China, Iraq, Qatar, South Korea, Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and Sudan. (9)The HIV travel and immigration ban impacts thousands of prospective HIV-positive foreign students, tourists, refugees and immigrants who may be denied entry into the United States due solely to their HIV status. (10)The HIV travel and immigration ban may discourage some foreign students, refugees, and nonpermanent residents who are in the United States and who may be at risk of infection from seeking testing, treatment, or care for HIV/AIDS. (11)The United Nations, the Joint United Nations Programme on HIV/AIDS (UNAIDS), and the World Health Organization oppose any restrictions on travel and immigration for people living with HIV/AIDS. The 2006 Consolidated Version of the United Nation’s International Guidelines on HIV/AIDS and Human Rights, produced jointly by the Office of the United Nations High Commissioner for Human Rights and UNAIDS, states There is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status. According to current international health regulations, the only disease which requires a certificate for international travel is yellow fever. Therefore, any restrictions on these rights based on suspected or real HIV status alone, including HIV screening of international travellers, are discriminatory and cannot be justified by public health concerns. . . . Where States prohibit people living with HIV from longer-term residency due to concerns about economic costs, States should not single out HIV/AIDS, as opposed to comparable conditions, for such treatment and should establish that such costs would indeed be incurred in the case of the individual alien seeking residency. In considering entry applications, humanitarian concerns, such as family reunification and the need for asylum, should outweigh economic considerations.. (12)On World AIDS Day, December 1, 2006, the President proposed streamlining the current waiver process for HIV-positive individuals seeking to enter the United States on short-term business or tourist visas for up to 60 days by granting them a categorical waiver. If implemented, the President’s proposal would only affect the waiver process for short-term visitors, and would not affect HIV-positive individuals seeking permanent residence or nontourist visas. (13)There is no scientific evidence to support the claim that the HIV travel and immigration ban is an effective way to prevent the spread of HIV or that it provides any economic benefit by reducing costs to the public health care system.

Review of travel and immigration regulations regarding HIV

(a)

Review

Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall convene a panel of public health experts, including nongovernmental experts, to review all policies regarding HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182 (a)(1)(A)(i)), including— (1)the results of the last analysis of the policy conducted by the Public Health Service; and (2)a 60-day public comment period initiated after sufficient public notice in the Federal Register. (b)

Report

Not later than 90 days after initiating the review under subsection (a), the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall— (1)make a determination regarding the continued listing of HIV as a communicable disease of public health significance under section 212(a)(1)(A)(i) of such Act; (2)submit a report to Congress containing the results of such review, including— (A)the determination reached by the review process; (B)the rationale for the determination; (C)the anticipated public health impact of the determination in relation to other communicable diseases; (D)the estimated costs of implementing the determination; (E)the names and affiliations of members of the review panel; and (F)a brief summary of the public comments; and (3)make the report described in paragraph (2) available to the public.