National Commission on AIDS: Annual Report to the President and Congress

appeared to reflect the concern expressed by some that characterizing AIDS as a 'dangerous
contagious disease' could result in discrimination against high-risk groups, including
homosexuals."g
On June 8, 1987, the PHS added "acquired immunodeficiency syndrome (AIDS)"
to the list of dangerous contagious diseases. Prior to the issuance of PHS final regulations,
however, Congress passed the Supplemental Appropriations Act of 1987.10 Section 518 of
the Act, popularly known as the Helms Amendment, directed the President to add the
"human immunodeficiency virus (HIV) infection to the INA list of diseases on or before
August 31, 1987." Accordingly, the Department of Health and Human Services (HHS)
issued new rules substituting HIV infection for AIDS on the list." PHS regulations require
that medical examinations of aliens include a chest X-ray examination for tuberculosis and
serologic tests for syphilis and HIV infection for all applicants for permanent status.
Nonimmigrants are not subject to mandatory tests for the HIV antibody. The Immigration
and Naturalization Service (INS) may, however, require a serologic test of a nonimmigrant
applying for a visa who is suspected of being HIV seropositive. Similarly, aliens under 15
years of age are not subject to testing unless there is reason to suspect infection. Those
who test positive for HIV may be excluded from the United States and must be denied
permanent resident status.12
9 House Comm. on the Judiciary, supra note 1, at 85.
10Pub. L. 100-71, H.R. 1827 (July 11, 1987).
1 Because of the administrative difficulties, however, the effective date of the new regulations was
deferred until December 1, 1987.
12 51 Fed. Reg. 32,540-44 (1987); 52 Fed. Reg. 21,607 (effective Dec. 1, 1987). Notably, however,
applicants under the Amnesty Program of the Immigration Reform and Control Act of 1986 (IRCA) are not
automatically excluded but may apply for a waiver.

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