Pub. L. 104-208, div. C, tit. III, subtit. C, sec. 341
PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS. (a) In General.— Section 212(a)(1)(A) (8 U.S.C. 1182(a)(1)(A)) is amended— (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and (2) by inserting after clause (i) the following new clause: “(ii) who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,”. (b) Waiver.— Section 212(g) (8 U.S.C. 1182(g)) is amended by striking “, or” at the end of paragraph (1) and all that follows and inserting a semicolon and the following: “in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe; “(2) subsection (a)(1)(A)(ii) in the case of any alien— “(A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination, “(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and 110 STAT. 3009–636Human Services may prescribe, that such vaccination would not be medically appropriate, or “(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien’s religious beliefs or moral convictions; or “(3) subsection (a)(1)(A)(iii) in the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe.”. (c) Effective Date.— The amendments made by this section shall apply with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996.