[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2070 Referred in Senate (RFS)]

  2d Session
                                H. R. 2070


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 31, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 not earlier than 3 nor later than 4 months after 
the commencement of that incarceration.
    ``(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, upon the request of the 
affected officer, employee, or other person, cause the person who may 
have transmitted the virus to be promptly tested for the presence of 
such virus and communicate the test results as soon as practicable to 
the person requesting that the test be performed and to the person 
tested, if person tested so requests.
    ``(c) If the results of the test indicate the presence of the 
virus, the Attorney General shall provide appropriate access for 
counselling, health care, and support services to the affected officer, 
employee, or other person, and 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 make rules to implement this 
section. Such rules shall require that the results of any test are 
communicated only to a person requesting the test, to the person 
tested, and, if the results of the test indicate the presence of the 
virus, to the chief administrative officer of the correctional facility 
in which the person tested is imprisoned or detained. 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.

            Passed the House of Representatives August 3, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.