Page:United States Statutes at Large Volume 110 Part 1.djvu/352

 110 STAT. 328 PUBLIC LAW 104-106—FEB. 10, 1996 (2) in subsection (a), by striking out "including changes in those rules made after the effective date of this Act" in the matter preceding paragraph (1) and inserting in lieu thereof "as those provisions are in effect from time to time". 10 USC 1293 (c) TEMPORARY EARLY RETIREMENT AUTHORITY.— Section 4403 J^ots- (other than subsection (f)) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned officer corps of the National Oceanic and Atmospheric Administration in the same manner and to the same extent as that section applies to the Department of Defense. The Secretary of Commerce shall implement the provisions of that section with respect to such commissioned officer corps and shall apply the provisions of that section to the provisions of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 relating to the retirement of members of such commissioned officer corps. 33 USC 857a (d) EFFECTIVE DATE. —This section shall apply only to members TMte. of the commissioned officer corps of the National Oceanic and Atmospheric Administration who are separated after September 30, 1995. SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE HrV-1 VIRUS. (a) IN GENERAL.— (1) Section 1177 of title 10, United States Code, is amended to read as follows: "§1177. Members infected with HIV-1 virus: mandatory discharge or retirement "(a) MANDATORY SEPARATION.— A member of the armed forces who is HIV-positive shall be separated. Such separation shall be made on a date determined by the Secretary concerned, which shall be as soon as practicable after the date on which the determination is made that the member is HIV-positive and not later than the last day of the sixth month beginning after such date. "(b) FORM OF SEPARATION.— I f a member to be separated under this section is eligible to retire under any provision of law or to be transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the member shall be so retired or so transferred. Otherwise, the member shall be discharged. The characterization of the service of the member shall be determined without regard to the determination that the member is HIV-positive. "(c) DEFERRAL OF SEPARATION FOR MEMBERS IN 18-YEAR RETIREMENT SANCTUARY.— In the case of a member to be discharged under this section who on the date on which the member is to be discharged is within two years of qualifying for retirement under any provision of law, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member may, as determined by the Secretary concerned, be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, and then be so retired or transferred, unless the member is sooner retired or discharged under any other provision of law. "(d) SEPARATION TO BE CONSIDERED INVOLUNTARY.—^A separation under this section shall be considered to be an involuntary separation for purposes of any other provision of law.

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