10-U.S.C.-8723
§8723 – When Secretary May Require
Pathway
Title 10 > Subtitle D > Part II > Chapter 855 > Section 8723
Details
- Reference: Section 8723
- Legend: §8723 – When Secretary May Require
- USCode Year: 2013
Provision Content
The Secretary of the Air Force may order the hospitalization, medical and surgical treatment, and domiciliary care for as long as necessary, of any member of the Air Force 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. 539; Pub. L. 99–661, div. A, title VI, §604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–26, §7(j)(11), Apr. 21, 1987, 101 Stat. 283.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8723 | 10:455e. 32:164d. |
July 15, 1939, ch. 282; restated Oct. 14, 1940, ch. 875, §5, 54 Stat. 1137. |
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 references 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 sections 62— are omitted as covered by the words active duty. The words so long as any or all are necessary and 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 Air 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.
Amendments
1987—Pub. L. 100–26 struck out 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.-8689 in the Legal Encyclopedia: Air Force
In this entry about 10-U.S.C.-8689, find legal reference material, bibliographies and premiere content related to air force in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force-specific issues, written by authorities in the field.
10-U.S.C.-8693 in the Legal Encyclopedia: Air Force Personnel
In this entry about 10-U.S.C.-8693, find legal reference material, bibliographies and premiere content related to air force personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force personnel-specific issues, written by authorities in the field.
Leave a Reply