[Congressional Record Volume 155, Number 49 (Monday, March 23, 2009)]
[Extensions of Remarks]
[Page E740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    STOP AIDS IN PRISON ACT OF 2009

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                        Tuesday, March 17, 2009

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R. 
1429, ``Stop AIDS in Prison Act of 2009.'' I want to thank my colleague 
Congresswoman Maxine Waters of California for introducing this 
legislation.
  Mr. Speaker, I strongly support H.R. 1429, which is designed to 
address the growing impact that HIV/AIDS is having on minority 
communities. According to the Black AIDS Institute, Centers for Disease 
Control and Prevention (CDC) statistics reveal that African Americans 
account for half of all new HIV/AIDS cases. Racial and ethnic 
minorities comprise 69 percent of new cases, according to the 2005 data 
released by the CDC. African-American women account for the majority of 
new AIDS cases among women (67% in 2004); whereas white women account 
for 17% and Latinas 15%. The CDC estimates that 73% percent of all 
children born to HIV infected mothers in 2004 were African American. 
HIV/AIDS is now the leading cause of death among African Americans ages 
25 to 44--deadlier than heart disease, accidents, cancer, and homicide.
  The CDC reported that Hispanics accounted for 18% of new diagnoses 
reported in the 35 areas with long-term, confidential name-based HIV 
reporting in the United States, and that most Hispanic men were exposed 
to HIV through sexual contact with other men, followed by injection 
drug use and heterosexual contact; and that most Hispanic women were 
exposed to HIV through heterosexual contact, followed by injection drug 
use.
  According to the Bureau of Justice Statistics, African Americans made 
up 41 percent of all inmates in the prison system at the end of 2004. 
Since African Americans are disproportionately represented in jails and 
prisons, the Stop AIDS in Prison Bill is one way to begin addressing 
this problem.
  The Stop AIDS in Prison Act of 2009 directs the Bureau of Prisons to 
develop a comprehensive policy to provide HIV testing, treatment, and 
prevention for inmates in federal prisons and upon reentry into the 
community. The bill would require initial testing and counseling of 
inmates upon entry into the prison system and then ongoing testing 
available up to once a year upon the request of the inmate, or sooner 
if an inmate is exposed to the HIV/AIDS virus or becomes pregnant. 
Furthermore, the Bureau of Prisons will be required to make HIV/AIDS 
counseling and treatment available to prisoners, and give testing and 
treatment referrals to prisoners prior to reentering the community. The 
bill protects the confidentiality of prisoners, and allows prisoners to 
refuse routine HIV testing.
  Finally, the bill contains a requirement that the Bureau of Prisons 
report to Congress, no later than one year after enactment, the number 
of inmates who tested positive for HIV upon intake; the number of 
inmates who tested positive prior to reentry; the number of inmates who 
were not tested prior to reentry because they were released without 
sufficient notice; the number of inmates who opted-out of taking the 
test; the number of inmates who were tested following exposure 
incidents; and the number of inmates who were under treatment for HIV/
AIDS.
  I urge my colleagues to support H.R. 1429 because we must reverse 
these costly trends. Currently, the only cure we have for HIV/AIDS is 
prevention.
  Had the bill gone through regularly and been marked up, I was 
planning on offering an amendment that would permit those infected with 
HIV to elect, on their own volition, to be housed separately from the 
general population as long as the prison had the facilities. This way, 
those infected with HIV could be housed in safety.
  The HIV/AIDS pandemic is indeed a state of emergency in the African-
American and Hispanic community. We must use all resources necessary to 
defeat this deadly enemy that continues to devastate the minority 
community. As Americans, we have a strong history, through science and 
innovation, of detecting, conquering and defeating many illnesses. We 
must and we will continue to fight HIV/AIDS until the battle is won.
  Mr. Speaker, I strongly support H.R. 1429, ``Stop AIDS in Prisons Act 
of 2009,'' and urge my colleagues to support it as well.

                          ____________________