Text: H.R.2070 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 105-370 (11/12/1998)

 
[105th Congress Public Law 370]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ370.105]


[[Page 112 STAT. 3374]]

Public Law 105-370
105th Congress

                                 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. <<NOTE: Nov. 12, 1998 -  [H.R. 2070]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Correction 
Officers Health and Saftey Act of 1998.>> 

SECTION 1. SHORT TITLE. <<NOTE: 18 USC 4001 note.>> 

    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

[[Page 112 STAT. 3375]]

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) <<NOTE: Deadline. Regulations.>> Not later than 1 year after 
the date of the 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) <<NOTE: Deadline. 18 USC 4042 note.>> 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.

    Approved November 12, 1998.

LEGISLATIVE HISTORY--H.R. 2070:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-665 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            Aug. 3, considered and passed House.
            Oct. 20, considered and passed Senate, amended.
            Oct. 21, House concurred in Senate amendment.

                                  <all>