[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 42 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 42

         To control the spread of AIDS, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Helms introduced the following bill; which was read the first time

_______________________________________________________________________

                                 A BILL


 
         To control the spread of AIDS, 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 ``AIDS Control Act of 1993''.

SEC. 2. RECORDKEEPING.

    Part B of title III of the Public Health Service Act is amended by 
inserting after section 318A (42 U.S.C. 247c-1) the following new 
section:

``SEC. 318B. RECORDKEEPING OF CASES OF ACQUIRED IMMUNE DEFICIENCY 
              SYNDROME, ACQUIRED IMMUNE DEFICIENCY RELATED COMPLEX, AND 
              HUMAN IMMUNODEFICIENCY VIRUS INFECTIONS.

    ``The Director of the Centers for Disease Control and Prevention 
shall keep records of cases of individuals who are infected with the 
human immunodeficiency virus.''.

SEC. 3. TESTING OF BLOOD.

    Section 351(d) of the Public Health Service Act (42 U.S.C. 262(d)) 
is amended by adding at the end thereof the following new paragraph:
    ``(3) Not later than 180 days after the date of enactment of the 
AIDS Control Act of 1993, the Secretary shall promulgate regulations to 
require that, as a condition of receiving a license under this section, 
any entity that collects or distributes blood or blood components or 
derivatives shall test all donors of such blood for the presence of the 
human immunodeficiency virus prior to accepting a contribution of such 
blood.''.

SEC. 4. PERMITTING DIRECTED AND AUTOLOGOUS BLOOD DONATIONS.

    Section 351(d) of the Public Health Service Act (42 U.S.C. 262(d)) 
(as amended by section 3) is further amended by adding at the end 
thereof the following new paragraphs:
    ``(4) Not later than 180 days after the date of enactment of the 
AIDS Control Act of 1993, the Secretary shall promulgate regulations to 
require that, as a condition of receiving a license under this section, 
any entity that collects or distributes blood or blood components or 
derivatives--
            ``(A) permit blood donations made by a donor to be used 
        directly for blood transfusions for such donor or for an 
        individual designated by the donor;
            ``(B) permit a donor of blood to direct that any blood 
        donated by such donor be used in a blood transfusion for such 
        donor or for an individual designated by such donor if the 
        blood type of such donated blood is compatible with the blood 
        type of such donor or the blood type of the designated 
        individual, as the case may be, and the use of such donated 
        blood is not contraindicated, as determined by the physician of 
        such donor or such designated individual, as the case may be; 
        and
            ``(C) permit blood donated in accordance with subparagraphs 
        (A) or (B) to be used for an individual other than the donor or 
        an individual designated by a donor, as the case may be, if--
                    ``(i) the physician of such donor or such 
                designated individual determines that there is a more 
                immediate need for such blood; or
                    ``(ii) the donor consents to the use of such blood 
                for an individual other than the donor or such 
                designated individual.
    ``(5) Regulations promulgated by the Secretary to carry out 
paragraph (4) shall provide that any entity to which such paragraph 
applies is only required to permit the donations of blood described in 
such paragraph during the normal business hours of such entity.''.

SEC. 5. REQUIREMENTS FOR RECIPIENT OF SERVICES AUTHORIZED UNDER TITLE X 
              OF THE PUBLIC HEALTH SERVICE ACT.

    Section 1006 of the Public Health Service Act (42 U.S.C. 300a-4) is 
amended by adding at the end thereof the following new subsection:
    ``(e) A grant may be made or a contract entered into under this 
title only after the intended recipient provides assurances 
satisfactory to the Secretary that such recipient of the grant or 
contract will, prior to providing to any individual any services with 
amounts appropriated under this title, inform the individual--
            ``(1) of the effectiveness of the particular contraceptive 
        method provided to the individual by the recipient as a method 
        to prevent infection with the human immunodeficiency virus and 
        a comparison of such effectiveness with the effectiveness of 
        sexual abstinence;
            ``(2) that many individuals who are infected with the human 
        immunodeficiency virus will develop acquired immunodeficiency 
        syndrome, which is a fatal disease; and
            ``(3) that the most effective way to avoid becoming 
        infected with the human immunodeficiency virus is to abstain 
        from homosexual relations, from heterosexual relations outside 
        of a monogamous marriage, and from the sharing of needles used 
        to administer intravenous drugs.''.

SEC. 6. CONDITIONS ON GRANTS FOR THE PREVENTION, TREATMENT, AND CONTROL 
              OF ACQUIRED IMMUNE DEFICIENCY SYNDROME.

    Title XXV of the Public Health Service Act (42 U.S.C. 300ee et 
seq.) is amended by adding at the end thereof the following new part:

              ``Part C--Prohibition on Awarding of Grants

``SEC. 2531. PROHIBITION ON AWARDING OF GRANTS.

    ``The Secretary may not make a grant under this title to any State 
or political subdivision of any State to support a project for 
education, testing, or counseling concerning acquired immune deficiency 
syndrome unless the State has taken administrative or legislative 
action to require that--
            ``(1) any physician practicing in the State report to the 
        appropriate State public health authorities the name and 
        address of any individual residing in the State who is treated 
        by such physician and known by such physician to be infected 
        with the human immunodeficiency virus;
            ``(2) any physician or medical technician who analyzes the 
        results of clinical tests performed in the State report to the 
        appropriate State public health authorities the name and 
        address of any individual residing in the State who is 
        determined as a result of an analysis conducted by such 
        physician or medical technician to be infected with the human 
        immunodeficiency virus; and
            ``(3) reporting under the laws described in paragraphs (1) 
        and (2) to be carried out in accordance with State laws 
        regulating the confidentiality of records maintained by the 
        State or individuals with sexually transmitted diseases.''.

SEC. 7. SPOUSAL NOTIFICATION.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6) is amended by adding at the end thereof the following new 
section:

``SEC. 2532. SPOUSAL NOTIFICATION.

    ``(a) Prohibition on Use of Funds.--The Secretary may not make a 
grant under this title to any State or political subdivision of any 
State, nor shall any other funds made available under this Act, be 
obligated or expended in any State unless such State takes 
administrative or legislative action to require that, within 30 days of 
diagnosis, a good faith effort shall be made to notify a spouse of an 
AIDS-infected patient that such AIDS-infected patient is infected with 
the human immunodeficiency virus.
    ``(b) Effective Date.--Subsection (a) shall take effect with 
respect to a State on January 1 of the calendar year following the 
first regular session of the legislative body of such State that is 
convened following the date of enactment of this section.
    ``(c) Definitions.--As used in this section:
            ``(1) AIDS-infected patient.--The term `AIDS-infected 
        patient' means any person who has been diagnosed by a physician 
        or surgeon practicing medicine in such State to be infected 
        with the human immunodeficiency virus.
            ``(2) Good faith effort--A `good faith' effort includes, 
        but is not limited to, a certified letter sent to the last 
        known address of the spouse.
            ``(3) State.--The term `State' means a State, the District 
        of Columbia, or any territory of the United States.
            ``(4) Spouse.--The term `spouse' means a person who is or 
        at any time since December 31, 1976, has been the marriage 
        partner of a person diagnosed as an AIDS-infected patient.''.

SEC. 8. BATHHOUSES.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6 and amended by section 7) is further amended by adding at the 
end thereof the following new section:

``SEC. 2533. BATHHOUSES.

    ``(a) Prohibition.--None of the funds made available under this 
title shall be obligated or expended in any State if such State does 
not close all bathhouses where a pattern of continuous homosexual 
sexual activity or continuous illegal intravenous drug use occurs.
    ``(b) Homosexual Activity.--The homosexual activity described in 
subsection (a) means any sexual activity between two or more males as 
described in section 2256(2)(A) of title 18, United States Code.
    ``(c) Illegal Drugs.--The illegal drug use described in subsection 
(a) means and includes any controlled substance as defined in section 
102(6) of the Controlled Substance Act (21 U.S.C. 802(6)).
    ``(d) Bathhouse.--The term `bathhouse' means any business that 
charges a fee for admission and for that fee offers the use of one or 
more of the following--
            ``(1) a swimming pool;
            ``(2) a spa or whirlpool; or
            ``(3) a communal bath.
    ``(e) State.--The term `State' means any State, the District of 
Columbia, or territory of the United States.
    ``(f) Failure to Act.--If on January 1 of the calendar year 
following the first regular session that is convened following the date 
of enactment of this Act, such State fails to take the action as 
described in subsection (a), it shall refund to the Federal Government 
by that date such sums as it received in accordance with this 
section.''.

SEC. 9. PROHIBITION ON USE OF FUNDS FOR NEEDLES AND SYRINGES.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6 and amended by sections 7 and 8) is further amended by adding 
at the end thereof the following new section:

``SEC. 2534. PROHIBITION ON USE OF FUNDS FOR NEEDLES AND SYRINGES.

    ``None of the funds made available under this title shall be used 
to provide individuals with hypodermic needles or syringes so that such 
individuals may use illegal drugs, or to distribute bleach for the 
purpose of cleansing needles for such use.''.

SEC. 10. PROHIBITION ON USE OF FUNDS FOR CONDOMS.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6 and amended by sections 7, 8, and 9), is further amended by 
adding at the end thereof the following new section:

``SEC. 2535. PROHIBITION ON USE OF FUNDS FOR CONDOMS.

    ``None of the funds made available under this title shall be used 
in any manner to provide persons with condoms. Furthermore, none of the 
funds made available under this title shall be used to promote condoms 
as a method to prevent the spread of AIDS.''.

SEC. 11. PROHIBITION ON PROMOTION OF HOMOSEXUAL ACTIVITY.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6 and amended by sections 7, 8, 9, and 10) is further amended 
by adding at the end thereof the following new section:

``SEC. 2536. PROHIBITION ON PROMOTION OF HOMOSEXUAL ACTIVITY.

    ``(a) In General.--None of the funds made available under this 
title shall be used to provide AIDS education, information, or 
prevention materials and activities that promote or encourage, directly 
or indirectly, homosexual sexual activities.
    ``(b) Requirement.--Education information, and prevention 
activities and materials paid for with funds appropriated under this 
Act shall emphasize--
            ``(1) abstinence from sexual activity outside a sexually 
        monogamous marriage (including abstinence from homosexual 
        sexual activities); and
            ``(2) abstinence from the use of illegal intravenous drugs.
    ``(c) Homosexual Activity.--The homosexual activity referred to in 
subsection (b) includes any sexual activity between two or more males 
as described in section 2256(2)(A) of title 18, United States Code.
    ``(d) Illegal Substances.--The illegal drugs referred to in 
subsections (a) and (b) includes any controlled substance as defined in 
section 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)).
    ``(e) Failure to Comply.--If the Secretary of Health and Human 
Services finds that a recipient of funds under this Act has failed to 
comply with this section, the Secretary shall notify the recipient, if 
the funds are paid directly to the recipient, or notify the State if 
the recipient receives the funds from the State, of such finding and 
that--
            ``(1) no further funds shall be provided to the recipient;
            ``(2) no further funds shall be provided to the State with 
        respect to noncompliance by the individual recipient;
            ``(3) further payment shall be limited to those recipients 
        not participating in such noncompliance; and
            ``(4) the recipient shall repay to the United States, 
        amounts found not to have been expended in accordance with this 
        section.''.

SEC. 12. HIV TEST AND NOTIFICATION AS A CONDITION OF MARRIAGE LICENSES.

    Part C of title XXV of the Public Health Service Act (as added by 
section 6 and amended by sections 7, 8, 9, and 10) is further amended 
by adding at the end thereof the following new section:

``SEC. 2535. HIV TESTING AND NOTIFICATION AS A CONDITION OF MARRIAGE 
              LICENSES.

    ``(a) In General.-- None of the funds made available under this 
title shall be available for use in any State, the District of 
Columbia, or any territory of the United States unless such State, 
District or territory requires, as a condition for the granting of a 
marriage license, a test to determine whether the individuals applying 
for such a license are infected with the human immunodeficiency virus 
and that both individuals seeking such license shall be notified of 
each test result.
    ``(b) Effective Date.--Subsection (a) shall take effect with 
respect to a State, District, or territory on January 1 of the calendar 
year following the first regular session of the legislative body of the 
State, District, or territory that is convened following the date of 
enactment of this Act.''.

SEC. 13. PROTECTING THE NATION'S BLOOD AND TISSUE SUPPLY.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 89 the following new chapter:

                ``CHAPTER 90--PUBLIC HEALTH PRESERVATION

``Sec.
``1831. Contamination of blood and tissue supply.
``Sec.  1831. Contamination of blood and tissue supply
    ``(a) It shall be unlawful for any individual to knowingly donate, 
or to knowingly attempt to donate blood, semen, or organs, if such 
individual--
            ``(1) knows, on the basis of clinical or laboratory 
        evidence, that such individual is infected with the human 
        immunodeficiency virus;
            ``(2) is a male individual who has had sexual intercourse 
        with another male individual at any time on or after January 1, 
        1977;
            ``(3) is an individual who, on or after January 1, 1977, is 
        or has been a user of any intravenous drug the sale, 
        distribution, or use of which is prohibited under Federal or 
        State law at the time the individual injected the drug;
            ``(4) is an individual who has emigrated to the United 
        States from Haiti, the Central African Republic, Zaire, Rwanda, 
        Burundi, the Congo, Chad, or Uganda on or after January 1, 
        1977;
            ``(5) is an individual who has hemophillia and has received 
        a clotting factor concentrate on or after January 1, 1977;
            ``(6) is an individual who has engaged in prostitution on 
        or after January 1, 1977;
            ``(7) is an individual who has had sexual intercourse with 
        an individual described in paragraph (1), (2), (3), (4), (5), 
        (6), (8), or (9);
            ``(8) is an individual who has used a needle for an 
        intravenous drug injection that the individual knows has 
        previously been used for an intravenous drug injection by an 
        individual described in paragraph (1), (2), (3), (4), (5), (6), 
        (7), or (9);
            ``(9) knows such individual is at high risk of contracting 
        acquired immune deficiency syndrome (as defined by the Director 
        of the Centers for Disease Control); or
            ``(10) is an individual who has engaged in an activity that 
        such individual knows places such individual at a high risk of 
        contracting such syndrome (as defined by such Director).
    ``(b) Any person who violates the provisions of subsection (a) 
shall be subject to a fine of $10,000 or imprisonment for not more than 
10 years, or both.
    ``(c) For purposes of this section, the term `sexual intercourse' 
includes the acts described in section 2255(2)(A) of this title.''.
    (b) Chapter Analysis.--The chapter analysis at the beginning of 
part I of title 18 is amended by inserting after the item for chapter 
89 the following:

``90. Public Health Preservation............................    1831''.

SEC. 14. TESTING OF FEDERAL PRISONERS.

    (a) In General.--Chapter 305 of part III of title 18, United States 
Code, is amended by adding at the end thereof the following new 
section:
``Sec.  4087. AIDS testing
    ``(a) The Director of the Bureau of Prisons shall test each person 
incarcerated in a Federal penal or correctional institution for 
infection with the human immunodeficiency virus--
            ``(1) on the date such person enters a Federal penal or 
        correctional institution;
            ``(2) every 12 months after the date described in paragraph 
        (1); and
            ``(3) at such other times as the Director determines are 
        appropriate.
    ``(b) The Director of the Bureau of Prisons shall report to the 
Director of Centers for Disease Control the incidence of each 
individual who tests positively for infection with the human 
immunodeficiency virus.
    ``(c) Not later than 180 days after the date of enactment of the 
AIDS Control Act of 1993, the Director of the Bureau of Prisons shall 
promulgate regulations requiring that each individual tested under this 
section who tests positively for infection with the human 
immunodeficiency virus--
            ``(1) be placed in separate residential facilities in a 
        penal or correctional institution, if possible; and
            ``(2) be restricted from holding any employment in a penal 
        or correctional institution which involves duties that may 
        increase the transmission of the human immunodeficiency virus, 
        such as assignments in blood services, the barber shop, or 
        medical and dental services in any capacity.''.
    (b) Table of Sections.--The table of sections for chapter 305 of 
part III of title 18, United States Code, is amended by adding at the 
end thereof the following:

``4087. AIDS testing.''.

SEC. 15. DISQUALIFICATION OF PERSONS FOR INDUCTION OR RETENTION IN THE 
              ARMED FORCES ON THE BASIS OF INFECTION WITH THE HUMAN 
              IMMUNODEFICIENCY VIRUS.

    (a) In General.--Chapter 49 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec.  983. Disqualification of persons for induction or retention on 
              the basis of infection with the human immunodeficiency 
              virus
    ``(a) Except as provided in subsection (d)(2), no person may be 
inducted into or retained in the armed forces (other than in a retired 
status) if it is determined, on the basis of a test or tests 
administered to such person under subsection (b), that such person is 
infected with the human immunodeficiency virus.
    ``(b) Under regulations prescribed by the Secretary concerned--
            ``(1) each person examined for induction and re-enlistment 
        into the armed forces shall be tested for infection with the 
        human immunodeficiency virus before induction,
            ``(2) each member of the armed forces shall be tested for 
        infection with the human immunodeficiency virus at least once 
        each year;
            ``(3) each time a member of the armed forces is admitted to 
        any medical facility of the uniformed services or of the 
        Veterans' Administration in order to receive in-patient care in 
        such facility, such member shall be tested for infection with 
        the human immunodeficiency virus; and
            ``(4) each member of the armed forces shall be tested for 
        infection with the human immunodeficiency virus at such times 
        (other than the times specified in paragraphs (2) and (3) of 
        this subsection) as the Secretary concerned considers 
        appropriate.''.
    (b) Table of Sections.--The table of sections at the beginning of 
chapter 49 of such title is amended by adding at the end thereof the 
following:

``9830. Disqualification of persons for induction or retention on the 
                            basis of infection with the human 
                            immunodeficiency virus.''.

SEC. 16. VETERANS' ADMINISTRATION.

    (a) Testing.--Section 124(b) of Veterans' Benefits and Services Act 
of 1988 (38 U.S.C. 4133 note) is amended to read as follows:
    ``(b) Testing.--(1) The Administrator shall provide for a program 
under which the Veterans' Administration routinely tests each patient 
to whom the Veterans' Administration is furnishing health care or 
services, as described in paragraph (2), for the human immunodeficiency 
virus to determine whether such patient is infected with the virus.
    ``(2) Patients referred to in paragraph (1) are--
            ``(A) patients who are receiving treatment for intravenous 
        drug abuse;
            ``(B) patients who are receiving treatment for a disease 
        associated with the human immunodeficiency virus;
            ``(C) patients who are receiving treatment for a sexually 
        transmitted disease;
            ``(D) patients who are otherwise at high risk for infection 
        with such virus; and
            ``(E) patients seeking in-patient treatment who are 40 and 
        under.
    ``(3) The Administration shall provide pre- and post-test 
counseling to each patient described in paragraph (2).''.
    (b) Disclosure to Spouse or Sexual Partners.--Section 4132 of title 
38, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f)(1) Notwithstanding subsection (a), and subject to paragraph 
(2) of this subsection, a physician or a professional counselor shall 
disclose information or records indicating that a patient or subject is 
infected with the human immunodeficiency virus if the disclosure is 
made to--
            ``(A) the current spouse of the patient;
            ``(B) any other person who at any time since December 31, 
        1976 has been the marriage partner of the patient; or
            ``(C) to any individual whom the patient or subject has, 
        during the process of professional counseling or of testing to 
        determine whether the patient or subject is infected with such 
        virus, identified as being a sexual partner of such patient or 
        subject.
    ``(2) A disclosure under paragraph (1) may be made by a physician 
or counselor other than the physician or counselor referred to in 
paragraph (1)(A) if such physician or counselor is unavailable to make 
the disclosure by reason of absence or termination of employment.''.

SEC. 17. USE OF PREVENTIVE HEALTH SERVICES APPROPRIATIONS.

    (a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
promulgate regulations requiring the recipient of moneys appropriated 
under section 317 of the Public Health Service Act (42 U.S.C. 247b) 
to--
            (1) routinely test each person receiving treatment for 
        tuberculosis to determine if such person is infected with the 
        human immunodeficiency virus; and
            (2) provide pre- and post-test counseling on acquired 
        immunodeficiency syndrome to each such person.
    (b) Confidentiality.--In promulgating regulations under subsection 
(a), the Secretary shall ensure that confidentiality shall be provided 
to those tested under such regulations in accordance with section 
552(a) of title 5 of the United States Code.

SEC. 18. REQUIREMENT OF TESTING BY BLOCK GRANT RECIPIENTS.

    (a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
promulgate regulations requiring the recipient of grant moneys under 
subpart I of part B of title XIX of the Public Health Service Act (42 
U.S.C. 300x et seq.) to--
            (1) routinely test each person receiving treatment for 
        substance abuse through funds provided under such subpart for 
        substance abuse to determine if such person is infected with 
        the human immunodeficiency virus; and
            (2) provide pre- and post-test counseling on acquired 
        immunodeficiency syndrome to each such patient.
    (b) Confidentiality.--In promulgating regulations under subsection 
(a), the Secretary shall ensure that confidentiality shall be provided 
to those tested in accordance with section 552(a) of title 5 of the 
United States Code.

SEC. 19. PROGRAMS FOR THE PREVENTION OF THE SPREAD OF AIDS.

    (a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
promulgate regulations requiring the recipient of grant moneys 
appropriated under section 318 of the Public Health Service Act (42 
U.S.C. 247c) to--
            (1) routinely test each person receiving treatment for a 
        sexually transmitted disease from the recipient to determine if 
        such person is infected with the human immunodeficiency virus; 
        and
            (2) provide pre- and post-test counseling on acquired 
        immunodeficiency syndrome to each such person.
    (b) Confidentiality.--In promulgating regulations under subsection 
(a), the Secretary shall ensure that confidentiality shall be provided 
to those tested under such regulations in accordance with section 
552(a) of title 5 of the United States Code.

SEC. 20. IMMIGRATION REFORM.

    Notwithstanding any other provision of law or any decision of the 
Secretary of Health and Human Services or any other Federal official, 
the President shall, pursuant to section 212(a)(6) of the Immigration 
and Nationality Act, add infection with the human immunodeficiency 
virus and syphillis to the list of dangerous contagious diseases 
contained in title 42 of the Code of Federal Regulations.

SEC. 21. HEALTH CARE WORKERS PROTECTION ACT.

    (a) Exposure Prone Invasive Procedures.--Notwithstanding any other 
provision of law, a State shall, not later than 1 year after the date 
of enactment of this Act, certify to the Secretary of Health and Human 
Services that such State has in effect regulations, or has enacted 
legislation, to protect licensed health care professionals from 
contracting the human immunodeficiency virus and the hepatitis B virus 
during the performance of exposure prone invasive procedures.
    (b) Testing.--The regulations or legislation referred to in 
subsection (a) shall permit health care professionals to require that, 
prior to the commencement of or during the conduct of an exposure prone 
invasive procedure, a patient may be tested for the etiologic agent for 
the human immunodeficiency virus. Such regulations or legislation shall 
not apply in emergency situations when the patient's life is in danger.
    (c) Confidentiality of Results and Enforcement.--
            (1) Results.--The result of tests conducted under 
        subsection (b) shall be confidential and shall not be released 
        to any other party without the prior written consent of the 
        patient.
            (2) Enforcement.--The regulations or legislation referred 
        to in subsection (a) shall contain enforcement provisions that 
        subject an individual who violates the provisions of paragraph 
        (1) to a $10,000 fine or a prison term of not more than one 
        year for each such violation.
    (d) Failure to Provide Certification.--Except as provided in 
subsection (e), if a State does not provide the certification required 
under subsection (a) within the 1-year period described in such 
subsection, such State shall be ineligible to receive assistance under 
the Public Health Service Act (42 U.S.C. 301 et seq.) until such 
certification is provided.
    (e) Exception.--The Secretary of Health and Human Services shall 
extend the time period described in subsection (a) for a State, if--
            (1) the State has determined not to promulgate regulations 
        to adopt the guidelines referred to in subsection (a); and
            (2) the State legislature of such State meets on a biennial 
        basis and has not met within the 1-year period beginning on the 
        date of enactment of this Act.
    (f) Definition.--As used in this section, the term ``exposure prone 
invasive procedure'' means such procedures as listed in guideline 
promulgated by the Centers for Disease Control and Prevention 
concerning recommendations for preventing the transmission by health 
care professionals, of the human immunodeficiency virus and the 
hepatitis B virus to patients during exposure prone invasive 
procedures.

SEC. 22. DELIBERATE TRANSMISSION OF THE AIDS VIRUS.

    (a) In General.--Whoever, being a registered physician, dentist, 
nurse, or other health care provider, knowing that he or she is 
infected with the human immunodeficiency virus, intentionally provides 
medical or dental treatment to another individual, without prior 
notification to such individual of such infection, shall be fined not 
more than $10,000, or imprisoned not less than 10 years, or both.
    (b) Applicability.--The provisions of this section shall not be 
applicable in the case of a medical emergency in which alternative 
medical treatment is not reasonably available.
    (c) Definitions.--As used in this section the term ``treatment'' 
means the performance of any medical diagnosis or procedure that 
involves an invasive physical contact between the patient being treated 
and the physician or health professional administering the procedure.

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