In the Senate of the United States,
October 20 (legislative day, October 2), 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 2070) entitled ‘‘An Act to amend title 18, United
States Code, to provide for the testing of certain persons who
are incarcerated or ordered detained before trial, for the pres-
ence of the human immunodeficiency virus, and for other
purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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-
HR 2070 EAS
ation for a period of 6 months or more to be tested for the
presence of the human immunodeficiency virus, as appro-
priate, after the commencement of that incarceration, if
such individual is determined to be at risk for infection
with such virus in accordance with the guidelines issued
by the Bureau of Prisons relating to infectious disease man-
agement.
‘‘(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—
‘‘(1) cause the person who may have transmitted
the virus to be tested promptly for the presence of such
virus and communicate the test results to the person
tested; and
‘‘(2) consistent with the guidelines issued by the
Bureau of Prisons relating to infectious disease man-
agement, inform any person (in, as appropriate, con-
fidential consultation with the person’s physician)
who may have been exposed to such virus, of the po-
tential risk involved and, if warranted by the cir-
HR 2070 EAS
cumstances, that prophylactic or other treatment
should be considered.
‘‘(c) If the results of a test under subsection (a) or (b)
indicate the presence of the human immunodeficiency virus,
the Attorney General shall provide appropriate access for
counselling, health care, and support services to the affected
officer, employee, or other person, and to 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 issue rules to im-
plement this section. Such rules shall require that the results
of any test are communicated only to the person tested, and,
if the results of the test indicate the presence of the virus,
to correctional facility personnel consistent with guidelines
issued by the Bureau of Prisons. 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 1 year
after the date of the enactment of this Act, the Attorney
HR 2070 EAS
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.
Attest:
Secretary.