112 STAT. 3374 PUBLIC LAW 105-370 —NOV. 12, 1998 Public Law 105-370 105th Congress An Act M 19 1QQ8 "^^ amend title 18, United States Code, to provide for the testing of certain persons ——I — who are incarcerated or ordered detained before trial, for the presence of the [H.R. 2070] human immunodeficiency virus, and for other purposes. Be it enacted by the Senate and House of Representatives of Correction the United States of America in Congress assembled, Officers Health and Safety Act of SECTION 1. SHORT TITLE. 1998. 18 USC 4001 This Act may be cited as the "Correction Officers Health and note. 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:
- § 4014. Testing for human immunodeHciency 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
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