[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[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for the quorum call be rescinded.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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