TESTING OF STATE PRISONERS.

SEC. 902. TESTING OF STATE PRISONERS. (a) In General.—To be eligible to receive funds under this section, the chief law enforcement officer of each State shall establish a State program to provide for the confidential testing of any individual convicted under State law, of an intravenous drug or sex offense on or after the date of enactment of this title. (b) Confidentiality.— (1) In general.—Except as otherwise provided, no person receiving identifying information regarding an individual tested pursuant to this section shall disclose or redisclose such information to any person. (2) Waiver.— The confidentiality of the testing required under subsection (a) shall be waived only so that— 102 STAT. 3172 (A) correctional personnel, as considered necessary under laws of the State or policies established by the State department of health, may have access to the information; and (B) victims of rape may be informed of the result of the test, if the person convicted of the rape tests positive for exposure to the human immunodeficiency virus. (c) Medical Treatment of Drug and Sex Offenders.—The chief law enforcement officer of each State receiving funds under this section shall provide education and counseling through existing prison medical facilities to any individual tested for exposure to the human immunodeficiency virus established under subsection (a). (d) Funding.— (1) In general.— The program established under subsection (a) shall be conducted in part using funds made available under this section. (2) Requirement.—A State shall not receive funds under this section unless an application for such has been submitted to, and approved by, the Attorney General. (3) Contents.—An application submitted under paragraph (1) shall— (A) be in such form and be submitted in such manner as the Attorney General may by regulation require; and (B) contain— (i) assurances by the chief executive officer of the State will provide, through existing medical facilities in State penal institutions, education and pre- and post-test counseling to any individual tested for exposure to the human immunodeficiency virus under this section; (ii) a 50 percent cost share under subsection (a) by the State; and (iii) such other information as the Attorney General may by regulation specify. (e) Definitions.— As used in this section, the term “intravenous drug or sex offense” means— (1) an offense that is punishable, under a State law relating to intravenous use of a controlled substance (other than a law relating to simple possession of a controlled substance), by imprisonment for a term exceeding one year (2) a State offense of the same type described under chapter 99 of title 18, United States Code, relating to rape; or (3) a State criminal offense involving prostitution. (f) Regulations.—The Attorney General shall promulgate regulations to carry out this section, including regulations that determine the amount of funds that each State is entitled to receive under this section. (g) 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 1990.