H. R. 2070
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 presence of the
human immunodeficiency virus, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 following:
‘‘§ 4014. Testing for human immunodeficiency virus
‘‘(a) The Attorney General shall cause each individual convicted
of a Federal offense who is sentenced to incarceration for a period
of 6 months or more to be tested for the presence of the human
immunodeficiency virus, as appropriate, 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
management.
‘‘(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 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—
‘‘(1) cause the person who may have transmitted the virus
to be tested promptly for the presence of such virus and commu-
nicate the test results to the person tested; and
‘‘(2) consistent with the guidelines issued by the Bureau
of Prisons relating to infectious disease management, inform
any person (in, as appropriate, confidential consultation with
the person’s physician) who may have been exposed to such
virus, of the potential risk involved and, if warranted by the
circumstances, 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
H. R. 2070—2
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 inadmissible
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 the enactment
of this section, the Attorney General shall issue rules to implement
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 Pris-
ons. 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 begin-
ning 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 consulta-
tion with the Secretary of Health and Human Services, shall provide
to the several States proposed guidelines for the prevention,
detection, and treatment of incarcerated persons and correctional
employees who have, or may be exposed to, infectious diseases
in correctional institutions.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.