[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Page S12726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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           CORRECTION OFFICERS HEALTH AND SAFETY ACT OF 1998

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                        HATCH AMENDMENT NO. 3832

  Mr. BURNS (for Mr. Hatch) proposed an amendment to 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 follows:

       Strike all after the enacting clause and insert the 
     following:

     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.

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