[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Pages H6935-H6937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CORRECTION OFFICERS HEALTH AND SAFETY ACT OF 1998
Mr. HYDE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2070) 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, as amended.
The Clerk read as follows:
H.R. 2070
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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Hyde) and the gentlewoman from California (Ms. Lofgren)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
General Leave
Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. Mr. Speaker, H.R. 2070, introduced by the gentleman from
New York (Mr. Solomon), is designed to give an added measure of
protection to those Federal employees who work with or near prison
inmates. This bill requires the testing of all inmates in the Federal
prison system for the HIV virus upon their arrival in the system. It
also requires the testing of any inmate in the Federal prison system
when there is reason to believe that an inmate or a person ordered
detained pending trial may have intentionally or unintentionally
transmitted the HIV virus to any government employee or to any person
lawfully present in a Federal correctional facility.
The bill allows Federal employees, should they be involved in the
type of incident with an inmate or detained person in which the HIV
virus could have been transmitted, to request that the inmate or
detained person be tested for the virus. The bill then requires the
government to test the person and report the test results to the
employee requesting the test, the person tested and the warden of the
facility in which the person is incarcerated or detained.
The need for this legislation is simple: Drugs have now been
developed which can prevent the transmission of the HIV virus after
exposure to someone who carries the virus. The drugs are effective in
preventing transmission approximately 80 percent of the time. However,
the drugs must be administered within 2 to 24 hours after exposure, and
have extremely unpleasant side effects.
{time} 1630
If a Bureau of Prisons or Marshalls Service employee were to come in
contact with the blood of an inmate, knowing the HIV status of the
inmate will enable the employee and his or her doctor to make a more
informed decision as to whether to undergo this course of treatment.
Unfortunately, some inmates refuse to be tested when Bureau of Prison
officials request. This bill will require that they be tested.
Finally, the bill requires the Attorney General to develop model
guidelines for States to follow to prevent, detect, and treat all types
of infectious diseases that are commonly found in prison populations.
[[Page H6936]]
There seems to be general agreement that the Bureau of Prisons and
the Public Health Service officers who work for the Bureau do an
outstanding job of controlling infectious diseases in our Federal
prisons. Professional associations representing State corrections and
law enforcement officers have requested the committee to encourage the
Bureau of Prisons to share those practices with the States. This
provision requires the Attorney General to compile those practices in
the form of voluntary guidelines that States could follow in their own
correctional facilities.
I am pleased to state that the bill is supported by the American
Federation of State, County, and Municipal Employees, the Federal Law
Enforcement Officers Association, the Corrections and Criminal Justice
Coalition, and the Fraternal Order of Police.
Mr. Speaker, the job of a law enforcement officer or corrections
officer is a dangerous one. We owe it to these citizens to make the
government take whatever steps it can to minimize the risks they
encounter on the job. This bill will help identify the risk of HIV
infection to those who serve in these jobs so that appropriate
precautions can be taken to prevent its transmission.
Mr. Speaker, I reserve the balance of my time.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support this legislation, which gives the Attorney
General the authority to test prison inmates for the human
immunodeficiency virus in the event that there is reason to believe
that an individual has come into contact with the bodily fluids of an
inmate, thus preventing potential exposure to the virus.
This bill was introduced out of concern for the health and safety of
Federal corrections officers who may be exposed to HIV. There is
treatment available designed to prevent transmission of HIV after
exposure, but as the chairman has pointed out, this treatment must be
administered within 2 to 24 hours of exposure. This legislation is
designed to provide for testing of inmates who may have transmitted the
disease to persons working in or visiting Federal correctional
facilities.
H.R. 2070 provides that if an inmate in a Federal correctional
facility may have transmitted HIV to a correctional officer or visitor,
the Attorney General should test that inmate for HIV on the request of
the person who may have been exposed to the virus. The Attorney General
is required to communicate the results of the test to the person who
requested it and to the inmate, if he or she would like to know the
results.
Moreover, if the person or inmate tests positive for HIV, the
Attorney General must provide referrals for counseling, health care,
and support services for both the inmate and the exposed person. H.R.
2070 also includes provisions for protecting the privacy of affected
individuals.
This bill requires the Attorney General to make rules within 1 year
of enactment of this legislation requiring that the test results are
communicated only to the person requesting the test and to the inmate.
The bill also prohibits the use of information obtained through these
testing procedures to be used against an inmate in any civil or
criminal proceeding.
Finally, the bill tells the Attorney General to notify the States of
the regulations promulgated under H.R. 2070, and to make those
guidelines available to the States.
Because this bill strikes a balance between the need of those
potentially exposed to the HIV virus to know the extent of their
exposure and then to be able to seek timely treatment and, hopefully,
prevention of full-blown disease, as well as balancing the privacy
needs of those to be tested, I support this legislation. It was
approved by voice vote of the Committee on the Judiciary. All of the
amendments suggested by the minority were incorporated and included in
the draft.
Mr. Speaker, I reserve the balance of my time.
Mr. HYDE. Mr. Speaker, I am pleased to yield such time as he may
consume to the gentleman from New York (Mr. Gerald Solomon), the
distinguished author of this fine legislation.
(Mr. SOLOMON asked and was given permission to revise and extend his
remarks.)
Mr. SOLOMON. Mr. Speaker, I thank the gentleman for yielding me the
time.
I certainly thank the gentleman from Illinois (Mr. Hyde) as well as
the gentleman from Florida (Mr. McCollum), the chairman of the
Subcommittee on Crime, and the gentlewoman from California (Ms.
Lofgren). I am not going to bother repeating the details of the bill.
Both the gentleman from Illinois (Mr. Hyde) and the gentlewoman from
California (Ms. Lofgren) have done that. I just want to thank the
subcommittee and committee for acting on this legislation.
It is a shame we need this kind of legislation, but in many of the
State correctional facilities and the Federal correctional facilities
across this Nation, it seems to be an in thing now where some inmates
are taking urine and throwing it in the faces of corrections officers.
First of all, it is not only demeaning, but in a number of cases it
has turned out where many of them have been infected with the HIV
virus. Of course, what this does, it means that now the correctional
officers will be notified immediately after a test has been made on the
inmates. It certainly is no reflection on the privacy of an inmate,
because the only people that would be notified would be the
correctional officer, the inmate, and of course, the warden of the
affected correctional facility. I thank the gentleman very much for
getting this vital piece of legislation moved.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would reiterate that all of the concerns expressed by
the minority in terms of respecting privacy rights, use of information,
and the like have been incorporated. I think it is because of that that
the broad bipartisan support of this bill has come to fruition in this
day on the Suspension Calendar.
Ms. JACKSON-LEE of Texas. Mr. Speaker, this bill is a fair attempt to
protect our correctional officers.
By requiring prisoners in Federal penitentiaries to be tested for the
HIV virus three or four months after they are incarcerated, this
measure strives to protect corrections officers from the risk of HIV
infection.
The bill also allows any corrections officer who comes in contact
with the bodily fluid of an inmate to request an additional HIV test on
that inmate.
It seems that this legislation treats the inmates as fairly as the
system would allow. Privacy is retained because test results are only
given to the person requesting the test. If requested, the inmate can
receive this results, too. Furthermore, the measure requires that
guidelines must be developed to protect the privacy of the person
requesting the test and the person tested.
It is important that we protect the rights and privacy of those
living with HIV. In my home State of Texas, over 16,000 people are HIV
positive. I have consistently fought against discriminating against
people with HIV.
Prisoners with HIV deserve the right to their privacy because they
could be subject to violence from other prisoners if their HIV status
were exposed. Moreover, corrections officers might be hesitant to
protect inmates with HIV during violent confrontations.
I also hope that we do not extend this testing too far. Some
advocates of this bill contemplated broadening the bill's scope of
power. For instance, some would apply this measure to pre-trial
detainees or people who had merely been arrested. I believe that
expanding the scope of this measure in such a manner would have far-
reaching, detrimental impacts on the right to privacy, and I do not
believe that a health risk, even one as great as HIV, warrants such
intrusive measures.
Ms. LOFGREN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. HYDE. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). The question is on the motion
offered by the gentleman from Illinois (Mr. Hyde) that the House
suspend the rules and pass the bill, H.R. 2070, as amended.
The question was taken; and (two-thirds having voted in favor
thereof), the rules were suspended and the bill, as amended, was
passed.
The title of the bill was amended 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
[[Page H6937]]
human immunodeficiency virus, and for other purposes.
A motion to reconsider was laid on the table.
____________________