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Union Calendar No. 372
105TH CONGRESS
2D SESSION
H. R. 2070
[Report No. 105–665]
To amend title 18, United States Code, to provide for the mandatory testing
for serious transmissible diseases of incarcerated persons whose bodily
fluids come into contact with corrections personnel and notice to those
personnel of the results of the tests, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1997
Mr. SOLOMON (for himself and Mr. CONDIT) introduced the following bill;
which was referred to the Committee on the Judiciary
JULY 31, 1998
Additional sponsors: Mrs. KELLY, Mr. MCHUGH, Mr. STRICKLAND, Mr.
COBURN, Mr. RIGGS, Mrs. TAUSCHER, Mr. WEYGAND, Mr. SHERMAN,
Mr. WALSH, Mr. FRANK of Massachusetts, Mr. CALVERT, Mr. ENGLISH
of Pennsylvania, Mr. LOBIONDO, Mr. NEY, Mr. BATEMAN, Mr. GOOD-
LATTE, Mr. PETERSON of Pennsylvania, Mr. LUCAS of Oklahoma, Mr.
MCNULTY, and Mr. SKEEN
JULY 31, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend title 18, United States Code, to provide for the
mandatory testing for serious transmissible diseases of
incarcerated persons whose bodily fluids come into con-
tact with corrections personnel and notice to those per-
sonnel of the results of the tests, 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 1997’’.
SEC. 2. TESTING FOR TRANSMISSIBLE DISEASE OF CER-
TAIN INCARCERATED PERSONS.
(a) IN GENERAL.—Chapter 301 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 4014. Testing for transmissible disease
‘‘(a) If the bodily fluids, of a person who is incarcer-
ated in a Federal correctional facility, that are capable of
causing a serious transmissible disease come into contact
with any officer or employee of the United States or any
other person not so incarcerated, the Attorney General
shall, under such rules as the Attorney General makes to
carry out this section, cause the incarcerated person to
be tested for those diseases and promptly communicate in
writing the results of the tests to the person with whom
such fluids came into contact. If any such tests indicate
that such a disease might have been transmitted, the At-
torney General shall make appropriate referrals for coun-
seling and health care and support services.
‘‘(b) As used in this section, the term ‘serious trans-
missible disease’ means the human immunodeficiency
virus (HIV) or any of its derivatives, hepatitis and any
of its derivatives, tuberculosis, and any other serious ill-
ness which an exposed person might reasonably expect to
contract from the contact.’’.
(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:
‘‘4014. Testing for transmissible disease.’’.
(c) Not later than one year after the date of the en-
actment of this section, the Attorney General, in consulta-
tion with the Corrections and Criminal Justice Coalition,
shall make voluntary national guidelines for testing for se-
rious transmissible diseases of incarcerated persons whose
bodily fluids come into contact with corrections personnel
or other persons and for the provision of notice to persons
with whom those bodily fluids came into contact of the
results of such tests.
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 following:
‘‘§ 4014. Testing for human immunodeficiency virus
‘‘(a) The Attorney General shall cause each individual
convicted of a Federal offense who is sentenced to incarcer-
ation 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 commencement
of that incarceration.
‘‘(b) If the Attorney General has a well founded reason
to believe that a person sentenced to a term of imprisonment
for a Federal offense, or ordered detained before trial under
section 3142(e), may have intentionally or unintentionally
transmitted the human immunodeficiency virus to any offi-
cer or employee of the United States, or to any person law-
fully present in a correctional facility who is not incarcer-
ated there, the Attorney General shall, upon the request of
the affected officer, employee, or other person, cause the per-
son 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 appropriate
access for counselling, health care, and support services to
the affected officer, employee, or other person, and the per-
son 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 one year after the date of enactment
of this section, the Attorney General shall make rules to im-
plement this section. Such rules shall require that the results
of any test are communicated only to a person requesting
the test, to the person tested, and, if the results of the test
indicate the presence of the virus, to the chief administra-
tive officer of the correctional facility in which the person
tested is imprisoned or detained. Such rules shall also pro-
vide for procedures designed to protect the privacy of a per-
son 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 one
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.
Amend the title so as to read ‘‘A bill to amend title
18, United States Code, to provide for the testing of cer-
tain persons who are incarcerated or ordered detained be-
fore trial, for the presence of the human immuno-
deficiency virus, and for other purposes.’’.
Union Calendar No. 372
105TH CONGRESS
2D SESSION
H. R. 2070
[Report No. 105–665]
A BILL
To amend title 18, United States Code, to provide
for the mandatory testing for serious trans-
missible diseases of incarcerated persons whose
bodily fluids come into contact with corrections
personnel and notice to those personnel of the re-
sults of the tests, and for other purposes.
JULY 31, 1998
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed