
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3723]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                      CHAPTER 355--HOSPITALIZATION
 
Sec. 3723. When Secretary may require

    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, Sec. 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100-180, 
div. A, title XII, Sec. 1231(16), Dec. 4, 1987, 101 Stat. 1161.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3723..................................  10:455e.                             Ju
ly 15, 1939, ch. 282; restated
                                        32:164d.                              O
ct. 14, 1940, ch. 875, Sec.  5,
                                                                              5
4 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 
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, Sec. 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, Sec. 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.
