105TH CONGRESS
2D SESSION
H. R. 2070
AN ACT
To amend title 18, United States Code, to provide for the
testing of certain persons who are incarcerated or or-
dered detained before trial, for the presence of the
human immunodeficiency virus, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Correction Officers
Health and Safety Act of 1998’’.
SEC. 2. TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS.
(a) IN GENERAL.—Chapter 301 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 4014. Testing for human immunodeficiency virus
‘‘(a) The Attorney General shall cause each individual
convicted of a Federal offense who is sentenced to incar-
ceration for a period of 6 months or more to be tested
for the presence of the human immunodeficiency virus not
earlier than 3 nor later than 4 months after the com-
mencement of that incarceration.
‘‘(b) If the Attorney General has a well founded rea-
son to believe that a person sentenced to a term of impris-
onment for a Federal offense, or ordered detained before
trial under section 3142(e), may have intentionally or un-
intentionally transmitted the human immunodeficiency
virus to any officer or employee of the United States, or
to any person lawfully present in a correctional facility
who is not incarcerated there, the Attorney General shall,
upon the request of the affected officer, employee, or other
person, cause the person who may have transmitted the
virus to be promptly tested for the presence of such virus
and communicate the test results as soon as practicable
to the person requesting that the test be performed and
to the person tested, if person tested so requests.
‘‘(c) If the results of the test indicate the presence
of the virus, the Attorney General shall provide appro-
priate access for counselling, health care, and support
services to the affected officer, employee, or other person,
and the person tested.
‘‘(d) The results of a test under this section are inad-
missible against the person tested in any Federal or State
civil or criminal case or proceeding.
‘‘(e) Not later than 1 year after the date of enactment
of this section, the Attorney General shall make rules to
implement this section. Such rules shall require that the
results of any test are communicated only to a person re-
questing the test, to the person tested, and, if the results
of the test indicate the presence of the virus, to the chief
administrative officer of the correctional facility in which
the person tested is imprisoned or detained. Such rules
shall also provide for procedures designed to protect the
privacy of a person requesting that the test be performed
and the privacy of the person tested.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 301 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘4014. Testing for human immunodeficiency virus.’’.
(c) GUIDELINES FOR STATES.—Not later than 1 year
after the date of the enactment of this Act, the Attorney
General, in consultation with the Secretary of Health and
Human Services, shall provide to the several States pro-
posed guidelines for the prevention, detection, and treat-
ment of incarcerated persons and correctional employees
who have, or may be exposed to, infectious diseases in cor-
rectional institutions.
Passed the House of Representatives August 3,
1998.
Attest:
Clerk.