[Pages S4056-S4058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

The Senate continued with the consideration of the bill.

Amendment No. 3734 to Amendment No. 3725

(Purpose: To provide for an increase in the minimum wage rate)

Mr. KENNEDY. Mr. President, I send a second-degree amendment to the
desk and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Massachusetts [Mr. Kennedy] proposes an
amendment numbered 3734.
At the appropriate place add the following:

SEC. . INCREASE IN THE MINIMUM WAGE RATE.

Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than $4.25 an hour during the period ending July 4,
1996, not less than $4.70 an hour during the year beginning
July 5, 1996, and not less than $5.15 an hour after July 4,
1997;''.

Mr. SIMPSON. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KENNEDY. Mr. President, I ask unanimous consent that it be in
order and that I be able to withdraw my amendment.
The PRESIDING OFFICER. The Senator has that right.
Mr. KENNEDY. Mr. President, there had been an understanding which I
had not been aware of by the two leaders on the particular matters
which they had intended to address. To comply with their agreement, I
withdraw that amendment at this time. But we want to indicate to all of
the Members that if there is not an opening that presents itself, this
Senator intends to press forward with that measure. Obviously, I will
comply with any of the agreements that are made by our leaders.
I yield the floor.
Mr. DASCHLE addressed the Chair.
The PRESIDING OFFICER. The distinguished Democratic leader.
Mr. DASCHLE. Mr. President, let me reiterate the desire addressed
just now by the senior Senator from Massachusetts. I had indicated to
the majority leader that it was not our desire tonight to bring up
minimum wage in an effort to expedite some of these other immigration-
related amendments. We have that understanding.
It may be that we do not have a colleague here tonight to offer the
amendments that I anticipated at least on our side. But that was my
intention.
I want to emphasize, as well, what the Senator from Massachusetts has
said so ably. It is our desire to continue to press for a minimum wage
amendment and a vote. We will not do it tonight--not under these
circumstances. But it is our desire to continue to find a way with
which to get an up-or-down vote. We want it sooner rather than later.
Let us hope we can do it sometime very soon. But with the understanding
that I had with the majority leader, tonight we certainly want to
accommodate our colleagues providing an opportunity to offer other
amendments. We are prepared to do that tonight.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. LOTT. Mr. President, I appreciate those remarks by
the distinguished Democratic leader. I did understand that agreement
had been reached with the leader. I appreciate the minority leader
coming back out and clarifying the situation--that we would go forward
with some amendments tonight related to the immigration bill which is
pending. I think we have at least one Senator who is ready to offer an
amendment, and maybe others that relate to the immigration bill. So we
are prepared to go forward.

Mr. KYL addressed the Chair.
Mr. SIMPSON. Mr. President, let me assure colleagues, too, as Senator
Kennedy has assured, that there will be no amendment with regard to
minimum wage, there will be no amendment tonight of mine with regard to
the issue of numbers and legal immigration as expressed by the majority
commission. The issue will come up tomorrow. But if we can take
amendments tonight while there are still some of us here, we are
prepared to do that. I know the Senator from Massachusetts has another
obligation. But perhaps Senator Kyl could deal with his amendment, I
believe on immunization.
Is this correct?
Mr. KYL. Yes.
The PRESIDING OFFICER. The Senator from Arizona.

Amendment No. 3735 to Amendment No. 3725

Mr. KYL. Mr. President, I send a second-degree amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:

The Senator from Arizona [Mr. Kyl] proposes an amendment
numbered 3735 to amendment numbered 3725.

Mr. KYL. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end of the amendment add the following:
Notwithstanding any other provision in this act, section 154
shall read as follows:

SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.

Section 234 (8 U.S.C. 1224) is amended to read as follows;

``PHYSICAL AND MENTAL EXAMINATIONS

``Sec. 34. (a) Aliens Covered.--Each alien within any of
the following classes of aliens who is seeking entry into the
United States shall undergo a physical and mental examination
in accordance with this section:
``(1) Aliens applying for visas for admission to the United
States for permanent residence.
``(2) Aliens seeking admission to the United States for
permanent residence for whom examinations were not made under
paragraph (1).
``(3) Aliens within the United States seeking adjustment of
status under section 245 to that of aliens lawfully admitted
to the United States for permanent residence.
``(4) Alien crewmen entering or in transit across the
United States.
``(b) Description of Examination.--(1) Each examination
required by subsection (a) shall include--
``(A) an examination of the alien for any physical or
mental defect or disease and a certification of medical
findings made in accordance with subsection (d); and
``(B) an assessment of the vaccination record of the alien
in accordance with subsection (e).
``(2) The Secretary of Health and Human Services shall
prescribe such regulations as may be necessary to carry out
the medical examinations required by subsection (a).
``(c) Medical Examiners.--
``(1) Medical officers.--(A) Except as provided in
paragraphs (2) and (3), examinations under this section shall
be conducted by medical officers of the United States Public
Health Services.

[[Page S4057]]

``(B) Medical officers of the United States Public Health
Service who have had specialized training in the diagnosis of
insanity and mental defects shall be detailed for duty or
employed at such ports of entry as the Secretary may
designate, in consultation with the Attorney General.
``(2) Civil surgeons.--(A) Whenever medical officers of the
United States Public Health Service are not available to
perform examinations under this section, the Attorney
General, in consultation with the Secretary, shall designate
civil surgeons to perform the examinations.
``(B) Each civil surgeon designated under subparagraph (A)
shall--
``(i) have at least 4 years of professional experience
unless the Secretary determines that special or extenuating
circumstances justify the designation of an individual having
a lesser amount of professional experience; and
``(ii) satisfy such other eligibility requirements as the
Secretary may prescribe.
``(3) Panel physicians.--In the case of examinations under
this section abroad, the medical examiner shall be a panel
physician designated by the Secretary of State, in
consultation with the Secretary.
``(d) Certification of Medical Findings.--The medical
examiners shall certify for the information of immigration
officers and special inquiry officers, or consular officers,
as the case may be, any physical or mental defect or disease
observed by such examiners in any such alien.
``(e) Vaccination Assessment.--(1) The assessment referred
to in subsection (b)(1)(B) is an assessment of the alien's
record of required vaccines for preventable diseases,
including mumps, measles, rubella, polio, tetanus, diphtheria
toxoids, pertussis, hemophilus-influenza type B, hepatitis
type B, as well as any other diseases specified as vaccine-
preventable by the Advisory Committee on Immunization
Practices.
``(2) Medical examiners shall educate aliens on the
importance of immunizations and shall create an immunization
record for the alien at the time of examination.
``(3)(A) Each alien who has not been vaccinated against
measles, and each alien under the age of 5 years who has not
been vaccinated against polio, must receive such vaccination,
unless waived by the Secretary, and must receive any other
vaccination determined necessary by the Secretary prior to
arrival in the United States.
``(B) Aliens who have not received the entire series of
vaccinations prescribed in paragraph (1) (other than measles)
shall return to a designated civil surgeon within 30 days of
arrival in the United States, or within 30 days of adjustment
of status, for the remainder of the vaccinations.
``(f) Appeal of Medical Examination Findings.--Any alien
determined to have a health-related grounds of exclusion
under paragraph (1) of section 212(a) may appeal that
determination to a board of medical officers of the Public
Health Service, which shall be convened by the Secretary. The
alien may introduce at least one expert medical witness
before the board at his or her own cost and expense.
``(g) Funding.--(1)(A) The Attorney General shall impose a
fee upon any person applying for adjustment of status to that
of an alien lawfully admitted to permanent residence under
section 209, 210, 245, or 245A, and the Secretary of State
shall impose a fee upon any person applying for a visa at a
United States consulate abroad who is required to have a
medical examination in accordance with subsection(a).
``(B) The amounts of the fees required by subparagraph (A)
shall be established by the Secretary, in consultation with
the Attorney General and the Secretary of State, as the case
may be, and shall be set at such amounts as may be necessary
to recover the full costs of establishing and administering
the civil surgeon and panel physician programs, including the
costs to the Service, the Department of State, and the
Department of Health and Human Services for any additional
expenditures associated with the administration of the fees
collected.
``(2)(A) The fees imposed under paragraph (1) may be
collected as separate fees or as surcharges to any other fees
that may be collected in connection with an application for
adjustment of status under section 209, 210, 245, or 245A,
for a visa, or for a waiver of excludability under paragraph
(1) or (2) of section 212(g), as the case may be.
``(B) The provisions of the Act of August 18, 1856 (Revised
Statutes 1726-28, 22 U.S.C. 4212-14), concerning accounting
for consular fees, shall not apply to fees collected by the
Secretary of State under this section.
``(3)(A) There is established on the books of the Treasury
of the United States a separate account which shall be known
as the `Medical Examinations Fee Account'.
``(B) There shall be deposited as offsetting receipts into
the Medical Examinations Fee Account all fees collected under
paragraph (1), to remain available until expended.
``(C) Amounts in the Medical Examinations Fee Account shall
be available only to reimburse any appropriation currently
available for the programs established by this section.
``(h) Definitions.--As used in this section--
``(1) the term `medical examiner' refers to a medical
officer, civil surgeon, or panel physician, as described in
subsection (c); and
``(2) the term `Secretary' means the Secretary of Health
and Human Services.''.

Mr. KYL. Mr. President, this is an amendment which we offered in the
subcommittee which Senator Kennedy and I worked on, and I believe that
we have reached an agreement on this matter of immunization.
I note that I have two other amendments. But I think Senator Kennedy
would have an interest in both of them. So if he is going to have to
leave, I will defer offering those amendments until he has an
opportunity to be here.
Might I inquire of Senator Kennedy? After we do the immunization
amendment, it is my intention to offer two other amendments. But I
believe the Senator from Massachusetts would have an interest in both
of them. Would he prefer that we offer those tomorrow?
Mr. KENNEDY. The Senator is very kind. I was going to be absent for a
short while. Senator Simon is coming, and then I was coming back at
8:30 so we can continue through it. I think we have worked this out.
I appreciate the cooperative efforts of the Senator from Arizona.
These are issues involving immunization, legitimacy of immunization,
and public health matters related thereto. We have worked out those
measures.
I think really the problem was because of lack of proper
immunization, and we wanted to address that particular question. We
have worked out an accommodation on that program. We are hopeful that
we would get acceptance of this amendment, but if the Senator wanted to
proceed, I believe, on the others, if I could just go over them, review
them quickly, I will be in touch.
Mr. KYL. I will be very brief in describing this amendment, and we
can lay it aside.
The next one that I would propose to offer relates to public housing
and the qualification for being able to receive public housing. That
one there may be some difference of opinion on because the Department
of Housing and Urban Development agrees with all of the amendment
except they would prefer a 6-month rather than 3-month qualification
period. My amendment tracks the House of Representatives, specifically
the amendment which was adopted there as part of the managers'
amendment and provided for a 3-month qualification period.
Perhaps, as I am describing in more detail the immunization
amendment, the Senator or his staff would determine how they want to
proceed.
Very briefly, this immunization amendment, which was tentatively
approved in the Immigration Subcommittee, simply requires that an
individual applying for permanent residency status must be immunized
for vaccine-preventable diseases.
To give you an idea of what it would require, before a visa is
approved, an individual applying for permanent residency status must
receive a vaccination assessment or be vaccinated against measles and
polio for those under 5 years of age and any other vaccination
determined necessary by Health and Human Services before they arrive in
the United States.
Aliens who have not received the entire series of vaccinations as
recommended by the Advisory Committee on Immunization Practices--and
this includes a list of about 10 different particular diseases--would
be required to return within 30 days of entry to the United States to a
civil surgeon to receive these vaccinations. Mumps is actually required
before entry into the United States.
To recover costs of establishing and administering the civil surgeon
and panel physician programs, the Attorney General would be required to
impose a fee on aliens applying for permanent resident status.
Currently, when any of the approximately 800,000 legal immigrants
arrive annually in the United States, they are not required to be
immunized against vaccine-preventable diseases. This amendment will
help ensure that immigrants receive the recommended immunizations.

It should not present a financial difficulty for the immigrant. The
estimated cost for all childhood vaccines is estimated to be $248.
The Department of Health and Human Services has made immunization of
the U.S. population a top priority and by the year 2000 hopes to
eradicate or reduce infinitely vaccine-preventable diseases.
So, Mr. President, this amendment is needed to prevent the spread of
these

[[Page S4058]]

diseases. I believe it has the support of everyone.
Unless there is further discussion on this, I would inquire of the
Senator from Wyoming what procedure he would like to follow with
respect to moving on to additional amendments and call for votes since
I doubt that this would need a vote.
Mr. SIMPSON. Mr. President, it would be a wonderful opportunity to do
something, but I will not. Senator Kennedy is absent from the Chamber.
I understand that Senator Simon will be here to deal with the issues
that might arise if we can do some further business. But I believe, if
I heard what transpired, we might adopt the amendment, and we will then
have a quorum call until a Member of the Democratic Party is here.
Mr. KYL. I thank the Senator.
Mr. President I urge adoption of the amendment.
The PRESIDING OFFICER. Is there further debate?
Mr. KYL. I will not call for the yeas and nays.
The PRESIDING OFFICER. If there is no further debate, the question is
on agreeing to the amendment.
The amendment (No. 3735) was agreed to.
Mr. SIMPSON. I suggest the absence of a quorum.
The PRESIDING OFFICER. The absence of a quorum has been noted. The
clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DOLE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOLE. Mr. President, I ask unanimous consent to speak as in
morning business for 1 minute.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Kansas is recognized.

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