Senate conferees Initially opposed this offer. rejecting language--which was Included In both the House language and the Nickles amendment--calling HIV a "communicable disease of public health significance." After further negotiation. the Senate accepted the House offer. The final result is that S. 1 codifies current regulations listing HIV as a "communicable disease of public health significance." Waiver authority under current law remains unchanged. The current statutory requirement that Immigrants and refugees be given medical exams also remains unchanged. Under current waiver authority. a waiver may be granted to applicants for immigrant visas if they are close relatives of a U.S. citizen or permanent resident alien. Refugees may also be granted a waiver. Although applicants for nonimmigrant visas are not required to undergo medical exams. there are cases where a consular or immigration officer knows. or has reason to know. that an applicant is HIV positive and requires the applicant to submit to a medical exam. If the applicant tests positive. he or she is excludable. Current law allows the Attorney General the discretion to admit such a person temporarily as a nonimmigrant.
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