Correction Officers Health and Safety Act of 1998
PL 105-370 (H.R.2070), enacted 11/12/1998

112 STAT. 3374 
PUBLIC LAW 105-370—NOV. 12, 1998 
Public Law 105-370 
105th Congress 
An Act 
M 
19 1QQ8 
"^^ amend title 18, United States Code, to provide for the testing of certain persons 
——I— 
who are incarcerated or ordered detained before trial, for the presence of the 
[H.R. 2070] 
human immunodeficiency virus, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Correction 
the United States of America in Congress assembled, 
Officers Health 
and Safety Act of 
SECTION 1. SHORT TITLE. 
1998. 
18 use 4001 
This Act may be cited as the "Correction Officers Health and 
note. 
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 immunodeHciency 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 
PUBLIC LAW 105-370—NOV. 12, 1998 
112 STAT. 3375 
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 giny 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. 
Deadline. 
Regulations. 
Deadline. 
18 u s e 4042 
note. 
Approved November 12, 1998. 
L E G I S L A T I V E H I S T O R Y — H . R . 2070: 
HOUSE REPORTS: No. 105-665 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Aug. 3, considered and passed House. 
Oct. 20, considered and passed Senate, amended. 
Oct. 21, House concurred in Senate amendment.