
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 301(a)]
[CITE: 42USC300ff-48]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                   Part C--Early Intervention Services
 
                  subpart i--formula grants for states
 
Sec. 300ff-48. Testing and other early intervention services for 
        State prisoners
        

(a) In general

    In addition to grants under section 300ff-41 of this title, the 
Secretary may make grants to States for the purpose of assisting the 
States in providing early intervention services to individuals sentenced 
by the State to a term of imprisonment. The Secretary may make such a 
grant only if the State involved requires, subject to subsection (d) of 
this section, that--
        (1) the services be provided to such individuals; and
        (2) each such individual be informed of the requirements of 
    subsection (c) of this section regarding testing and be informed of 
    the results of such testing of the individual.

(b) Requirement of matching funds

                           (1) In general

        The Secretary may not make a grant under subsection (a) of this 
    section unless the State involved agrees that, with respect to the 
    costs to be incurred by the State in carrying out the purpose 
    described in such subsection, the State will make available 
    (directly or through donations from public or private entities) non-
    Federal contributions toward such costs in an amount equal to--
            (A) for the first fiscal year of payments under the grant, 
        not less than $1 for each $2 of Federal funds provided in the 
        grant; and
            (B) for any subsequent fiscal year of such payments, not 
        less than $1 for each $1 of Federal funds provided in the grant.

       (2) Determination of amount of non-Federal contribution

        Non-Federal contributions required in paragraph (1) may be in 
    cash or in kind, fairly evaluated, including plant, equipment, or 
    services. Amounts provided by the Federal Government, and services 
    (or portions of services) subsidized by the Federal Government, may 
    not be included in determining the amount of such non-Federal 
    contributions.

(c) Testing

    The Secretary may not make a grant under subsection (a) of this 
section unless--
        (1) the State involved requires that, subject to subsection (d) 
    of this section, any individual sentenced by the State to a term of 
    imprisonment be tested for HIV disease--
            (A) upon entering the State penal system; and
            (B) during the 30-day period preceding the date on which the 
        individual is released from such system;

        (2) with respect to informing employees of the penal system of 
    the results of such testing of the individual, the State--
            (A) upon the request of any such employee, provides the 
        results to the employee in any case in which the medical officer 
        of the prison determines that there is a reasonable basis for 
        believing that the employee has been exposed by the individual 
        to such disease; and
            (B) informs the employees of the availability to the 
        employees of such results under the conditions described in 
        subparagraph (A);

        (3) with respect to informing the spouse of the individual of 
    the results of such testing of the individual, the State--
            (A) upon the request of the spouse, provides such results to 
        the spouse prior to any conjugal visit and provides such results 
        to the spouse during the period described in paragraph (1)(B); 
        and
            (B) informs the spouse of the availability to the spouse of 
        such results under the conditions described in subparagraph (A);

        (4) with respect to such testing upon entering the State penal 
    system of such an individual who has been convicted of rape or 
    aggravated sexual assault, the State--
            (A) upon the request of the victim of the rape or assault, 
        provides such results to the victim; and
            (B) informs the victim of the availability to the victim of 
        such results; and

        (5) the State, except as provided in any of paragraphs (2) 
    through (4), maintains the confidentiality of the results of testing 
    for HIV disease in each prison operated by the State or with amounts 
    provided by the State, and makes disclosures of such results only as 
    medically necessary.

(d) Determination of prisons subject to requirement

                           (1) In general

        The Secretary may not make a grant under subsection (a) of this 
    section unless the State involved agrees that the requirement 
    established in such subsection regarding the provision of early 
    intervention services to inmates will apply only to inmates who are 
    incarcerated in prisons with respect to which the State public 
    health officer, after consultation with the chief State correctional 
    officer, has, on the basis of the criteria described in paragraph 
    (2), determined that the provision of such services is appropriate 
    with respect to the public health and safety.

                     (2) Description of criteria

        The criteria to be considered for purposes of paragraph (1) 
    are--
            (A) with respect to the geographic areas in which inmates of 
        the prison involved resided before incarceration in the prison--
                (i) the severity of the epidemic of HIV disease in the 
            areas during the period in which the inmates resided in the 
            areas; and
                (ii) the incidence, in the areas during such period, of 
            behavior that places individuals at significant risk of 
            developing HIV disease; and

            (B) the extent to which medical examinations conducted by 
        the State for inmates of the prison involved indicate that the 
        inmates have engaged in such behavior.

(e) Applicability of provisions regarding informed consent, counseling, 
        and other matters

    The Secretary may not make a grant under subsection (a) of this 
section unless the State involved agrees that sections 300ff-41(b)(4), 
300ff-62, and 300ff-64(c) of this title will apply to the provision of 
early intervention services pursuant to the grant in the same manner and 
to the same extent as such sections apply to the provision of such 
services by grantees under section 300ff-41 of this title.

(f) Requirement of application

    The Secretary may not make a grant under subsection (a) of this 
section unless an application for the grant is submitted to the 
Secretary and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.

(g) Rule of construction

    With respect to testing inmates of State prisons for HIV disease 
without the consent of the inmates, the agreements made under this 
section may not be construed to authorize, prohibit, or require any 
State to conduct such testing, except as provided in subparagraphs (A) 
and (B) of subsection (c)(1) of this section.

(h) Authorization of appropriations

    To carry out this section, there are authorized to be appropriated 
such sums as may be necessary for each of the fiscal years 1988 through 
1995.

(July 1, 1944, ch. 373, title XXVI, Sec. 2648, formerly Pub. L. 100-607, 
title IX, Sec. 902, Nov. 4, 1988, 102 Stat. 3171; amended Pub. L. 100-
690, title II, Sec. 2605(a), Nov. 18, 1988, 102 Stat. 4234; renumbered 
Sec. 2648 and amended Pub. L. 101-381, title III, Sec. 301(b), Aug. 18, 
1990, 104 Stat. 614; Pub. L. 104-146, Sec. 12(c)(5), May 20, 1996, 110 
Stat. 1374.)

                          Codification

    Section was formerly classified to section 300ee-6 of this title 
prior to renumbering by Pub. L. 101-381.


                               Amendments

    1996--Pub. L. 104-146, Sec. 12(c)(5)(A), made technical amendment to 
section catchline.
    Subsecs. (g), (h). Pub. L. 104-146, Sec. 12(c)(5)(B), redesignated 
subsec. (g) relating to authorization of appropriations as (h).
    1990--Pub. L. 101-381, Sec. 301(b)(1), renumbered section 300ee-6 of 
this title as this section.
    Pub. L. 101-381, Sec. 301(b)(4), substituted ``and other early 
intervention services for'' for ``of'' in section catchline.
    Subsecs. (a) to (f). Pub. L. 101-381, Sec. 301(b)(3), substituted 
subsecs. (a) to (f) relating to grants for early intervention services 
for State prisoners, requirement of matching funds, testing of State 
prisoners, determination of prisons subject to requirement, 
applicability of provisions regarding informed consent, counseling, and 
other matters, and requirement of application for grants, for former 
subsecs. (a) to (f) relating to testing of State prisoners, requirement 
of confidentiality of testing, education and counseling through prison 
medical facilities of individuals tested, funding, and promulgation of 
regulations.
    Subsec. (g). Pub. L. 101-381, Sec. 301(b)(2), (3), added subsec. (g) 
relating to rule of construction and substituted ``1995'' for ``1990'' 
in subsec. (g) relating to authorization of appropriations.
    1988--Subsecs. (c), (d)(3)(B)(i). Pub. L. 100-690 substituted ``the 
etiologic agent for acquired immune deficiency syndrome'' for ``the 
human immunodeficiency virus''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 
of Pub. L. 104-146, set out as a note under section 300ff-11 of this 
title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.


                             Effective Date

    Section 904 of title IX of Pub. L. 100-607 provided that: ``This 
title [enacting this section and provisions set out as notes under this 
section] shall become effective 180 days after the date of enactment of 
this Act [Nov. 4, 1988].''


                               Short Title

    Section 901 of title IX of Pub. L. 100-607 provided that: ``This 
title [enacting this section and provisions set out as notes below] may 
be cited as the `Prison Testing Act of 1988'.''


              Study by Attorney General; Report to Congress

    Section 903 of title IX of Pub. L. 100-607, as amended by Pub. L. 
100-690, title II, Sec. 2605(b), Nov. 18, 1988, 102 Stat. 4234, directed 
Attorney General of the United States to complete, not later than Nov. 
5, 1989, a study and submit a report to appropriate committees of 
Congress concerning appropriateness or inappropriateness of mandated 
prison sentences for any individual convicted of an intravenous drug or 
sex offense who thereafter knowingly places others at risk of becoming 
infected with the etiologic agent for acquired immune deficiency 
syndrome.
