[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4344 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4344

To amend title 10, United States Code, to provide that a member of the 
Armed Forces who is diagnosed as being HIV-positive within one year of 
entering military service shall be considered to have entered the Armed 
          Forces under a fraudulent enlistment or appointment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 1996

  Mr. Dornan introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide that a member of the 
Armed Forces who is diagnosed as being HIV-positive within one year of 
entering military service shall be considered to have entered the Armed 
          Forces under a fraudulent enlistment or appointment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MANDATORY SEPARATION OF SERVICEMEMBERS DIAGNOSED WITH HIV-1 
              VIRUS WITHIN ONE YEAR OF ENTERING SERVICE.

    (a) Reenactment and Modification.--(1) Chapter 59 of title 10, 
United States Code, is amended by inserting after section 1176 the 
following new section:
``Sec. 1177. Members diagnosed as being infected with HIV-1 virus 
              within one year of entering service: discharge for 
              fraudulent enlistment or appointment
    ``(a) Mandatory Separation.--A member of the Army, Navy, Air Force, 
or Marine Corps who within one year after the date of the member's 
testing (as part of the physical examination given the member in 
connection with the first entrance of the member onto active duty) for 
infection with the virus known as Human Immunodeficiency Virus-1 (HIV-
1) is medically determined to be HIV-positive shall be immediately 
discharged on the basis of having entered service under a fraudulent 
enlistment or appointment.
    ``(b) HIV-Positive Members.--A member shall be considered to be 
HIV-positive for purposes of this section if there is serologic 
evidence that the member is infected with the virus known as Human 
Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated 
with the acquired immune deficiency syndrome (AIDS) in the United 
States. Such serologic evidence shall be considered to exist if there 
is a reactive result given by an enzyme-linked immunosorbent assay 
(ELISA) serologic test that is confirmed by a reactive and diagnostic 
immunoelectrophoresis test (Western blot) on two separate samples. Any 
such serologic test must be one that is approved by the Food and Drug 
Administration.''.
    (2) The table of sections at the beginning of chapter 59 of such 
title is amended by inserting after the item relating to section 1176 
the following new item:

``1177. Members diagnosed as being infected with HIV-1 virus within one 
                            year of entering service: discharge for 
                            fraudulent enlistment or appointment.''.
    (b) Effective Date.--Section 1177 of title 10, United States Code, 
as added by subsection (a), applies with respect to members of the 
Army, Navy, Air Force, and Marine Corps determined to be HIV-positive 
before, on, or after the date of the enactment of this Act.
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