TESTING CERTAIN SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS.

SEC. 1804. TESTING CERTAIN SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS. Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended— (1) in subsection (a)(1) by striking “subsection (e)” and inserting “subsections (e) and (f)”, (2) by redesignating subsection (f) as subsection (g), and (3) by inserting after subsection (e) the following: “(f) (1) For any fiscal year beginning more than 2 years after the effective date of this subsection— “(A) 90 percent of the funds allocated under subsection (a), taking into consideration subsection (e) but without regard to this subsection, to a State described in paragraph (2) shall be distributed by the Director to such State; and “(B) 10 percent of such amount shall be allocated equally among States that are not affected by the operation of subparagraph (A). “(2) Paragraph (1)(A) refers to a State that does not have in effect, and does not enforce, in such fiscal year, a law that requires the State at the request of the victim of a sexual act— “(A) to administer, to the defendant convicted under State law of such sexual act, a test to detect in such defendant the presence of the etiologic agent for acquired immune deficiency syndrome; “(B) to disclose the results of such test to such defendant and to the victim of such sexual act; and “(C) to provide to the victim of such sexual act counseling regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support services. “(3) For purposes of this subsection— “(A) the term ‘convicted’ includes adjudicated under juvenile proceedings; and “(B) the term ‘sexual act’ has the meaning given such term in subparagraph (A) or (B) of section 2245(1) of title 18, United States Code.”.