10-U.S.C.-3723

§3723 – When Secretary May Require

Pathway

Title 10 > Subtitle B > Part II > Chapter 355 > Section 3723

Details

• Reference: Section 3723
• Legend: §3723 – When Secretary May Require
• USCode Year: 2013

Provision Content

The Secretary of the Army may order the hospitalization, medical and surgical treatment, and domiciliary care, for as long as necessary, of any member of the Army on active duty, and may incur obligations with respect thereto, whether or not the member incurred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of absence for more than 24 hours.

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 99–661, div. A, title VI, §604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–180, div. A, title XII, §1231(16), Dec. 4, 1987, 101 Stat. 1161.)

The words under such regulations as he may prescribe, in 10:455e and 32:164d, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The reference to 10:455a–455d and 32:164a–164c, and the words nor any other law of the United States shall be construed as limiting the power and authority, are omitted, since the revised section makes explicit the authority of the Secretary to require the prescribed hospitalization and care. The words or in training, under the provisions of section 62— are omitted as covered by the words active duty. The words in the active military service are omitted as surplusage. With the exception of 32:62 (4th proviso of last sentence), the references to 32:62–65, 144–146, 183, and 186, in 10:455e and 32:164d, do not refer to members of the Army National Guard of the United States and are therefore omitted from the revised section. 10:455e (1st proviso) and 32:164d (1st proviso) are omitted since they apply only to the National Guard and are covered by section 320 of title 32.

Codification

Pub. L. 100–26, §7(j)(11), Apr. 21, 1987, 101 Stat. 283, which directed that section 4723 of this title, as amended by section 604(f)(1)(D) of Pub. L. 99–661, be amended by striking out the comma after disease, could not be executed because no section 4723 of this title has been enacted. The probable intent of Congress was to amend section 3723 of this title. Pub. L. 100–180, §1231(16), cited as a credit to section 3723 above, made an identical amendment to section 3723.

Amendments

1987—Pub. L. 100–180 struck out the comma after disease.

1986—Pub. L. 99–661, substituted incurred an injury, illness, or disease for was injured, or contracted a disease.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-3684 in the Legal Encyclopedia: Army

In this entry about 10-U.S.C.-3684, find legal reference material, bibliographies and premiere content related to army in the American Encyclopedia of Law, presenting a comprehensive view of the United States army-specific issues, written by authorities in the field.

10-U.S.C.-3690 in the Legal Encyclopedia: Army Personnel

In this entry about 10-U.S.C.-3690, find legal reference material, bibliographies and premiere content related to army personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army personnel-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 10 (Armed Forces) guided by subject interests.