text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``HIV Nondiscrimination in Travel and 
  Immigration Act of 2007''.
  
  SEC. 2. 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.
  
  SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
  
      Section 212(a)(1)(A) of the Immigration and Nationality Act (8 
  U.S.C. 1182(a)(1)(A)) is amended--
              (1) in clause (i), by striking ``which shall include 
          infection with the etiologic agent for acquired immune 
          deficiency syndrome,''; and
              (2) by striking ``is inadmissibility'' and inserting ``is 
          inadmissible''.
  
  SEC. 4. 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.
target: HIV Nondiscrimination in Travel and Immigration Act of 2007 - Amends the Immigration and Nationality Act to eliminate the human immunodeficiency virus (HIV) bar to U.S. admission.
  
  Directs the Secretary of Health and Human Services to: (1) convene a panel of public health experts to review immigration policies regarding HIV as a communicable disease of public health significance (and thus a health-related ground for inadmissibility); and (2) make a determination and report to Congress regarding the continued listing of HIV as a health-related ground for inadmissibility.
feat_title: A bill to remove a provision from the Immigration and Nationality Act that prohibits individuals with HIV from being admissible to the United States, and for other purposes.