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NEW YORK, NY, December 20, 2013 The Sero Project salutes the U.S. Senate for
passing the National Defense Authorization Act (NDAA) for Fiscal year 2014, which
initiates a Defense Department review of HIV-related policies that have led to unjust
prosecution and stigmatization of people living with HIV and removes consensual
sodomy as a criminal offense under the Uniform Code of Military Justice. President
Obama is expected to sign the National Defense Authorization Act before years end.
Specifically, the bill requires the Secretary of Defense to review existing policies
governing enlistment, deployment, discharge and discipline of service members with HIV
or hepatitis B and assess whether these policies reflect a medically accurate
understanding of how these conditions can be contracted or transmitted. The provision
was added as an amendment to the NDAA when it passed the U.S. House of
Representatives and is similar to language in H.R. 1843, the REPEAL HIV
Discrimination Act, co-sponsored by Representative Barbara Lee (DCal.) and Ileana
Ros-Lehtinen (RFla.).
This is a significant first step toward reforming the militarys HIV-related policies, and is
the first time that Congress has taken action of any kind to address HIV criminalization.
Another provision in the bill will end criminal prosecutions under
the Uniform Code of Military Justice for consensual sodomy,
which was maintained even after the 2011 end to the Dont Ask,
Dont Tell policy.
The 85-15 Senate vote, taken on the evening of December 19, has
been welcomed by service members who have faced HIV-related
prosecutions: !"#$ #$ & '(#)'* +,,+-.'(#./ 0+- 1*2-*.&-/ +0
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."* :#6#.&-/ .+ -*06*2. :+=*-( :*=#2&6 .#:*$," saiu Lieutenant
Colonel Ken Pinkela.
Ken Pinkela

Pinkela, a membei of Seio's Auvisoiy Boaiu, was convicteu in 2u12 on BIv-ielateu
chaiges anu seiveu nine months in a militaiy piison; his case is now on appeal.

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,'-$'#(5 & ,-+$*2'.#+(," Pinkela auueu.

Nonique Noiee was piosecuteu by anu ultimately uischaigeu
fiom the 0.S. Aimy foi not uisclosing hei BIv status to a
paitnei, even though she tolu him to use a conuom. Noiee,
also a membei of Seio's Auvisoiy Boaiu, saiu, "I/ ,*-$+(&6
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+'.=&.*= 4;<E-*6&.*= ,+6#2#*$."

Activists campaigning for criminalization reform praised last
nights vote by the Senate. Knowing that the U.S. Congress has
recognized the problem of HIV criminalization and addressed it in a bi-partisan manner
will be extremely useful to local advocates trying reform these laws, said Tami Haught,
a Sero Board Member and a community organizer at Community HIV and Hepatitis
Advocates of Iowa Network (CHAIN). In Iowa, we also have bipartisan support to
replace Code 709C, Iowas HIV-specific statute, and we have the backing of the State
Attorney General and Iowa Department of Health for a law that improves public health
by removing barriers to HIV testing and treatment.

The inclusion of these measures in the NDAA may help build support for the REPEAL
HIV Discrimination Act, introduced in the House by Representatives Lee and Ros-
Lehtinen and recently introduced in the Senate by Senator Chris Coons (DDel.). The
REPEAL Act would initiate a broader federal effort to review HIV criminalization
statutes in each state and help modernize them to be evidence-based and not unduly
stigmatize people with HIV.
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The Sero Project is a network of people with HIV and allies fighting for freedom from stigma and injustice.
Sero research, community education and mobilization of grassroots communities, policy leaders and
advocates has help drive recent advocacy for reform of criminalization statutes. Sero coordinates a U.S.
HIV Criminalization Survivors Network and produced the award-winning short film, HIV is Not a Crime,
which first introduced the growing trend of HIV criminalization to thousands of advocates around the
world.

Photographs of Pinkela, Moree and Haught available upon request
Nonique Noiee