[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2070 Reported in House (RH)]






                                                 Union Calendar No. 372
105th CONGRESS
  2d Session
                                H. R. 2070

                          [Report No. 105-665]

  To amend title 18, United States Code, to provide for the mandatory 
  testing for serious transmissible diseases of incarcerated persons 
 whose bodily fluids come into contact with corrections personnel and 
 notice to those personnel of the results of the tests, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1997

Mr. Solomon (for himself and Mr. Condit) introduced the following bill; 
          which was referred to the Committee on the Judiciary

                             July 31, 1998

   Additional sponsors: Mrs. Kelly, Mr. McHugh, Mr. Strickland, Mr. 
Coburn, Mr. Riggs, Mrs. Tauscher, Mr. Weygand, Mr. Sherman, Mr. Walsh, 
 Mr. Frank of Massachusetts, Mr. Calvert, Mr. English of Pennsylvania, 
  Mr. LoBiondo, Mr. Ney, Mr. Bateman, Mr. Goodlatte, Mr. Peterson of 
    Pennsylvania, Mr. Lucas of Oklahoma, Mr. McNulty, and Mr. Skeen

                             July 31, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to provide for the mandatory 
  testing for serious transmissible diseases of incarcerated persons 
 whose bodily fluids come into contact with corrections personnel and 
 notice to those personnel of the results of the tests, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Correction Officers Health 
and Safety Act of 1997''.</DELETED>

<DELETED>SEC. 2. TESTING FOR TRANSMISSIBLE DISEASE OF CERTAIN 
              INCARCERATED PERSONS.</DELETED>

<DELETED>    (a) In General.--Chapter 301 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 4014. Testing for transmissible disease</DELETED>
<DELETED>    ``(a) If the bodily fluids, of a person who is 
incarcerated in a Federal correctional facility, that are capable of 
causing a serious transmissible disease come into contact with any 
officer or employee of the United States or any other person not so 
incarcerated, the Attorney General shall, under such rules as the 
Attorney General makes to carry out this section, cause the 
incarcerated person to be tested for those diseases and promptly 
communicate in writing the results of the tests to the person with whom 
such fluids came into contact. If any such tests indicate that such a 
disease might have been transmitted, the Attorney General shall make 
appropriate referrals for counseling and health care and support 
services.</DELETED>
<DELETED>    ``(b) As used in this section, the term `serious 
transmissible disease' means the human immunodeficiency virus (HIV) or 
any of its derivatives, hepatitis and any of its derivatives, 
tuberculosis, and any other serious illness which an exposed person 
might reasonably expect to contract from the contact.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``4014. Testing for transmissible disease.''.
<DELETED>    (c) Not later than one year after the date of the 
enactment of this section, the Attorney General, in consultation with 
the Corrections and Criminal Justice Coalition, shall make voluntary 
national guidelines for testing for serious transmissible diseases of 
incarcerated persons whose bodily fluids come into contact with 
corrections personnel or other persons and for the provision of notice 
to persons with whom those bodily fluids came into contact of the 
results of such tests.</DELETED>

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 one 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 one 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.
            Amend the title so as to read ``A bill 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.''.
                                     





                                                 Union Calendar No. 372

105th CONGRESS

  2d Session

                               H. R. 2070

                          [Report No. 105-665]

_______________________________________________________________________

                                 A BILL

  To amend title 18, United States Code, to provide for the mandatory 
  testing for serious transmissible diseases of incarcerated persons 
 whose bodily fluids come into contact with corrections personnel and 
 notice to those personnel of the results of the tests, and for other 
                               purposes.

_______________________________________________________________________

                             July 31, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed