[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.

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