Home > 105th Congressional Bills > H.R. 2070 (ih) To amend title 18, United States Code, to provide for the mandatory ...

H.R. 2070 (ih) To amend title 18, United States Code, to provide for the mandatory ...


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        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:

``Sec. 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 communicate 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 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 Prisons. 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 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.

Pages: 1

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