The REPEAL HIV Act directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to review state, federal, and military laws, policies, regulations, and judicial precedents and decisions that may discriminate against those living with HIV/AIDS. It also directs the DOJ and HHS to release guidance and best practice recommendations for states, and establish an integrated monitoring and evaluation system to measure state progress. This bill does not impact the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.

In the 117th Congress, H.R. 1305 was introduced in the House by Congresswoman Barbara Lee (CA-13) on February 24, 2021

ACTION REQUEST | Ask your Members of Congress to: 

  • Support the REPEAL HIV Discrimination Act, especially if they serve on the House Judiciary; Energy and Commerce; or Crime, Terrorism, and Homeland Security Committees.
  • Introduce this bill in the Senate.
  • Cosponsor this bill if they have not yet. 
    • Thank them if they have already done so.

TALKING POINTS: 

  • PFLAGers support ending discrimination against people living with HIV. Laws, policies, regulations, and judicial rulings, and precedent that relate to HIV are inconsistent across the states and in federal and military applications. 
  • We need clear and accurate policies on this issue. This law recognizes that policies regarding people living with HIV/AIDS should reflect evidence-based, medically accurate understandings of HIV transmission, health implications, and treatment, and should not place unique or additional burdens on those individuals solely as a result of their HIV status. 
  • This will be a transparent process. The review would be headed by the Attorney ​ General, Secretary of Health and Human Services, and the Secretary of Defense, and all of the results must be shared with Congress and made publicly available.