Dornan to Push AIDS in Military Policy Again : Legislation: House panel chairman wants those who test positive for virus to be discharged. He tried to pass the provision last year.

WASHINGTON —  Using his new influence as a subcommittee chairman, Rep. Robert K. Dornan today will try to revive a contentious policy he championed last year that requires the military to discharge personnel who test positive for the AIDS virus.

The Garden Grove Republican will unveil the mandate as part of a bill that sets Department of Defense policy for the next fiscal year, Dornan spokesman Brian Keeter said.

The topic threatens to plunge the House National Security Committee into a heated fight over social issues, said Rep. Jane Harman (D-Rolling Hills), who promised to try to remove Dornan’s provision from the legislation.

Military members who test positive for the human immunodeficiency virus are banned from overseas deployment, and therefore don’t perform the full range of activities required of other active-duty personnel, Keeter said. At a time of defense downsizing, it is logical to discharge those members who can’t serve in all capacities, he said.

“It makes no sense to retain military personnel who, because of medical disability, are unable to be deployed beyond the United States or perform the traditional functions of military members, such as serve on Naval ships, pilot an aircraft or even shoot a gun,” Keeter said.

Opponents say the measure is a strike at gay men and women, especially coming from Dornan, a frequent critic of homosexuals who would like to ban them from military service.

“I think the present policy is totally adequate, and what he’s doing is unnecessary and punitive,” Harman said.

Dornan’s staff stressed that the congressman is pushing the policy to ensure military readiness, not to single out gay service members.

“It’s not an issue of targeting or punishing homosexuals, it’s one of combat readiness,” Keeter said. “If there are members of the military who for medical reasons cannot perform those functions, then from a readiness standpoint it’s detrimental.”

Current procedures rest the decision with the secretary of defense, who can discharge any service member deemed unfit. Supporters of that system say it guarantees that any HIV-positive individual who is not physically well will be excused.

Dornan, a candidate for the Republican presidential nomination, chairs the House subcommittee on military personnel.

In that position, he is charged with drafting the portions of a massive defense bill that addresses the future strength of the armed forces, pay levels for personnel, housing conditions, health care and other matters.

The subcommittee will meet today to vote on Dornan’s provisions. Harman, a subcommittee member, has scheduled a press conference preceding the session to denounce Dornan’s action on the HIV issue. But she will wait until next week, when the full National Security Committee meets, to offer an amendment to maintain the current policy on AIDS-infected personnel.

Last year, Dornan inserted the same requirement in the Department of Defense legislation, but Harman convinced House members on the floor to adopt the current position. Now, with the GOP in control of Congress, it’s unclear what policy the House will endorse, she said.

Harman said she had asked both Dornan and National Security Committee Chairman Floyd D. Spence (R-S.C.) to focus the defense bill on military policies rather than social issues that spark friction between the GOP and Democrats.

“This is a new version of an old fight,” Harman said. “The political facts are different, but the fairness issue has not changed.”