[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2070 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                         October 20 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (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 presence 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:
``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 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.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 2070

_______________________________________________________________________

                               AMENDMENT