[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 179 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 179
To permit the use of Federal funds for syringe exchange programs for
purposes of reducing the transmission of bloodborne pathogens,
including HIV and viral hepatitis.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Mr. Serrano (for himself, Mr. Abercrombie, Mr. Berman, Mr. Capuano,
Mrs. Christensen, Mr. Delahunt, Mr. Farr, Mr. Fattah, Mr. Filner, Mr.
Grijalva, Mr. Hare, Mr. Hastings of Florida, Mr. Hinchey, Ms. Norton,
Mr. Jackson of Illinois, Mr. Kucinich, Ms. Lee of California, Mrs.
Maloney, Mr. McDermott, Mr. Moran of Virginia, Mr. Nadler of New York,
Mr. Paul, Mr. Rangel, Ms. Ros-Lehtinen, Ms. Roybal-Allard, Ms.
Schakowsky, Mr. Towns, Ms. Waters, Mr. Waxman, and Ms. Woolsey)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To permit the use of Federal funds for syringe exchange programs for
purposes of reducing the transmission of bloodborne pathogens,
including HIV and viral hepatitis.
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 ``Community AIDS and Hepatitis
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Each year, approximately 12,000 Americans contract HIV/
AIDS and approximately 19,000 Americans contract the hepatitis
C virus directly or indirectly from sharing contaminated
syringes.
(2) A 2005 comprehensive international review of the
evidence of the effectiveness of syringe exchange programs in
preventing HIV transmission shows that such programs reduce HIV
transmission and are cost-effective. Eight additional federally
funded research reports concluded that syringe exchange
programs, as part of a comprehensive HIV prevention strategy,
are an effective public health intervention that reduces HIV
transmission without increasing the use of illicit drugs.
Research has also shown that syringe exchange programs are
important in preventing the transmission of hepatitis B and C.
In 2004, Dr. Elias A. Zerhouni, Director of the National
Institutes of Health, wrote Members of Congress stating, ``A
number of studies conducted in the United States have shown
that syringe exchange programs do not increase drug use among
participants or surrounding community members and are
associated with reductions in the incidence of HIV, hepatitis
B, and hepatitis C in the drug-using population.''.
(3) As part of a comprehensive HIV and hepatitis C virus
prevention effort, syringe exchange programs often provide HIV
and hepatitis C counseling, testing, education, and tools to
reduce sexual and drug use-related health risks; links to
addiction treatment; overdose prevention; and referrals to
other important medical and social services. Research has shown
that injection drug users who are referred to addiction
treatment from syringe exchange programs are more likely to
enter and remain in treatment.
(4) Research has shown that, by providing safe disposal of
used injection equipment, syringe exchange programs
significantly reduce the number of improperly discarded
syringes in the community, thereby reducing the exposure of
police, sanitation workers, children, and others to dangers of
blood-borne disease from accidental syringe sticks.
(5) Syringe exchange programs reduce the prevalence of HIV
among injection drug users. A review of data from 81 cities
across Europe, Asia, and North America found that, on average,
HIV prevalence among injection drug users increased by 5.9
percent per year in the 52 cities without syringe exchange
programs and decreased by 5.8 percent per year in the 29 cities
with syringe exchange programs.
(6) Syringe exchange programs are supported by American
scientific and professional organizations, including the
American Academy of Family Physicians, the American Academy of
Pediatrics, the American Academy of Physicians Assistants, the
American Academy of Addiction Psychiatry (formerly the American
Academy of Psychiatrists in Alcoholism and Addictions), the
American Bar Association, the American Medical Association, the
American Nurses Association, the American Pharmacists
Association, the American Psychiatric Association, the American
Psychological Association, the American Public Health
Association, the American Society of Addiction Medicine, the
Association of Nurses in AIDS Care, the Association of State
and Territorial Health Officials, the Infectious Diseases
Society of America, the National Association of Boards of
Pharmacy, the National Alliance of State and Territorial AIDS
Directors, the United States Conference of Mayors, the World
Health Organization, UNICEF, the World Bank, the International
Red Cross-Red Crescent Society, UNAIDS, and the United Nations
Office on Drugs and Crime; and United States government
agencies, including the National Institutes of Health and the
National Institute on Drug Abuse.
(7) According to the most recent data from the Centers for
Disease Control and Prevention, in 2005, 185 syringes exchanges
were operating in 36 States, the District of Columbia, and
Puerto Rico. Removing barriers to the use of Federal funding
will empower localities to use their funding in the most
efficient way to prevent HIV and viral hepatitis.
(8) Despite the scientific and public health consensus that
syringe exchange programs reduce HIV and do not increase
substance abuse, a ban on funding syringe exchange has been
enacted as part of each Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act
since 1998.
(9) A similar ban on the District of Columbia's use of its
own funds for needle exchange programs was lifted in fiscal
year 2008.
(10) Title XXVI of the Public Health Service Act, as added
by the Ryan White Comprehensive AIDS Resources Emergency Act of
1990, is subject to a statutory ban on funding needle exchange
programs.
SEC. 3. USE OF FEDERAL FUNDS PERMITTED FOR SYRINGE EXCHANGE PROGRAMS.
Notwithstanding any other provision of law, nothing shall prohibit
the use of Federal funds to establish or carry out a program of
distributing sterile syringes to reduce the transmission of bloodborne
pathogens, including the human immunodeficiency virus (HIV) and viral
hepatitis.
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