Sec. 742. Findings

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Congress finds the following: Over 1,000,000 people are estimated to be living with HIV in the United States according to the Centers for Disease Control and Prevention, 15 percent of whom are unaware of their HIV-positive status. Annually there are about 37,600 new HIV infections and 20,000 deaths in people with an HIV diagnoses in 50 States and 6 dependent areas of the United States. The Centers for Disease Control and Prevention estimates that, in 2015, there were approximately 37,600 people newly diagnosed with HIV.

The estimated number of annual new HIV infections declined 10 percent from 2010 to 2014. However, the number of new infections is increasing among certain populations, such as Latino gay and bisexual men, where annual infections increase 14 percent. New infections among Black gay or bisexual men are remaining stable. HIV disproportionately affects certain populations in the United States. Though African Americans represent approximately 12 percent of the population, African Americans account for almost half (45 percent) of all people living with HIV in the United States.

Men who have sex with men account for 67 percent of all new HIV infections and are the only risk group in which HIV infections continue to increase. Disparities exist among Latinos and Hispanics; in 2015, Latinos and Hispanics made up 18 percent of the United States population and 24 percent of new infections. Though the rate of new infections among American Indians and Alaska Natives (referred to in this section as AI/AN ) is proportional to their population size, from 2005 to 2014, the annual number of HIV diagnoses increased 19 percent among AI/AN overall and 63 percent among AI/AN gay and bisexual men.

Asian Americans account for about 2 percent of new HIV infections, but in 2013, 22 percent were undiagnosed, the highest rate of undiagnosed HIV among any race or ethnicity. The latest data from the Centers for Disease Control and Prevention in 2015 indicate that new infections among women declined 20 percent. The history of HIV shows that culturally relevant and gender-responsive supportive services, including psychosocial support, treatment literacy, case management, and transportation are necessary strategies to reach and engage women and girls in medical care.

The limited data available on transgender individuals point to a disproportionate burden of HIV infection. Stigma and discrimination contribute to such disparities. The Centers for Disease Control and Prevention has determined that increasing the proportion of people who know their HIV status is an essential component of comprehensive HIV/AIDS treatment and prevention efforts and that early diagnosis is critical in order for people with HIV/AIDS to receive life-extending therapy.

Additionally, the Centers for Disease Control and Prevention recommend routine HIV screening in health care settings for all patients aged 13 to 64, regardless of risk. In 1998, Congress created the National Minority AIDS Initiative to provide technical assistance, build capacity, and strengthen outreach efforts among local institutions and community-based organizations that serve racial and ethnic minorities living with or vulnerable to HIV/AIDS. To combat the HIV epidemic in the United States, the National HIV/AIDS Strategy (referred to in this section as NHAS ) provides a framework of increasing access to care, reducing new infections, and eliminating HIV-related health disparities.

The vision of NHAS is The United States will become a place where new HIV infections are rare and when they do occur, every person, regardless of age, gender, race/ethnicity, gender identity, or socioeconomic circumstance, will have unfettered access to high quality, life-extending care, free from stigma and discrimination. . At present, many States and United States territories have criminal statutes based on exposure to HIV. Most of these laws were adopted before the availability of effective antiretroviral treatment for HIV/AIDS.

Research shows that stable housing leads to better health outcomes for those living with HIV. Inadequate or unstable housing is not only a barrier to effective treatment, but also increases the likelihood of engaging in risky behaviors leading to HIV infection. Insecure housing puts people with HIV/AIDS at risk of premature death from exposure to other diseases, poor nutrition, and lack of medical care. Due to advances in treatment, many people living with HIV/AIDS (referred to in this section as PLWHA ) today are living healthy lives and have the ability and desire to fully participate in all aspects of community life, including employment.

Research associates being employed with tremendous economic, social, and health benefits for many people living with HIV/AIDS. The common benefits associated with employment include income, autonomy, productivity, and status within society, daily structure, making a contribution to one’s community, and increased skills and self-esteem. Research also indicates that many people with disabilities, including PLWHA, report perceiving themselves as being less disabled or not disabled at all, when working.

Furthermore, some studies link working with better physical and mental health outcomes for PLWHA when compared to those who are not working. Preliminary data also suggest that transitioning to employment is associated with reduced HIV-related health risk behavior for many people. On July 16, 2012, the Food and Drug Administration approved the first drug to reduce the risk of HIV infection in uninfected individuals who are at high risk of HIV infection and who may engage in sexual activity with HIV-infected partners.

Syringe service programs have been associated with lowered HIV infections, lower hepatitis C infections, and increased linkage to substance use treatment. There is now conclusive scientific evidence that a person living with HIV who is on antiretroviral therapy and is durably virally suppressed (defined as having a consistent viral load of less than <200 copies/ml) does not sexually transmit HIV. The conclusive evidence about the highly effective preventative benefits of antiretroviral therapy provides an unprecedented opportunity to improve the lives of people living with HIV, improve treatment uptake and adherence, and advocate for expanded access to treatment and care.