I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. MANDATORY SEPARATION OF

2 SERVICEMEMBERS DIAGNOSED WITH HIV–1

3 VIRUS WITHIN ONE YEAR OF ENTERING

4 SERVICE.

5 (a) REENACTMENT AND MODIFICATION.—(1) Chap6 ter 59 of title 10, United States Code, is amended by in7 serting after section 1176 the following new section:

8 ‘‘§ 1177. Members diagnosed as being infected with

9 HIV–1 virus within one year of entering

10 service: discharge for fraudulent enlist11 ment or appointment

12 ‘‘(a) MANDATORY SEPARATION.—A member of the

13 Army, Navy, Air Force, or Marine Corps who within one

14 year after the date of the member’s testing (as part of

15 the physical examination given the member in connection

16 with the first entrance of the member onto active duty)

17 for infection with the virus known as Human

18 Immunodeficiency Virus–1 (HIV–1) is medically deter19 mined to be HIV-positive shall be immediately discharged

20 on the basis of having entered service under a fraudulent

21 enlistment or appointment.

22 ‘‘(b) HIV-POSITIVE MEMBERS.—A member shall be

23 considered to be HIV-positive for purposes of this section

24 if there is serologic evidence that the member is infected

25 with the virus known as Human Immunodeficiency Virus–

26 1 (HIV–1), the virus most commonly associated with the
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1 acquired immune deficiency syndrome (AIDS) in the Unit2 ed States. Such serologic evidence shall be considered to

3 exist if there is a reactive result given by an enzyme-linked

4 immunosorbent assay (ELISA) serologic test that is con5 firmed by a reactive and diagnostic immunoelectrophoresis

6 test (Western blot) on two separate samples. Any such se7 rologic test must be one that is approved by the Food and

8 Drug Administration.’’.

9 (2) The table of sections at the beginning of chapter

10 59 of such title is amended by inserting after the item

11 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.’’.

12 (b) EFFECTIVE DATE.—Section 1177 of title 10,

13 United States Code, as added by subsection (a), applies

14 with respect to members of the Army, Navy, Air Force,

15 and Marine Corps determined to be HIV-positive before,

16 on, or after the date of the enactment of this Act.

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