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10 USC CHAPTER 355 - HOSPITALIZATION 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 355 - HOSPITALIZATION

.

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CHAPTER 355 - HOSPITALIZATION

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Sec.

(3721, 3722. Repealed.)

3723. When Secretary may require.

AMENDMENTS

1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(f)(1)(B)(ii),

Nov. 14, 1986, 100 Stat. 3877, struck out item 3721 ''Members of

Army, other than of Regular Army'' and item 3722 ''Members of

C.M.T.C.; members of Army not covered by section 3721 of this

title.''

1958 - Pub. L. 85-861, Sec. 1(92)(D), Sept. 2, 1958, 72 Stat.

1482, substituted ''Members of C.M.T.C.'' for ''Members of R.O.T.C.

and C.M.T.C.'' in item 3722.

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10 USC Sec. 3721, 3722 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 355 - HOSPITALIZATION

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(Sec. 3721, 3722. Repealed. Pub. L. 99-661, div. A, title VI, Sec.

604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)

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Section 3721, acts Aug. 10, 1956, ch. 1041, 70A Stat. 214; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(92)(A), 72 Stat. 1482, related to

hospital benefits for members of Army, other than of Regular Army.

Section 3722, acts Aug. 10, 1956, ch. 1041, 70A Stat. 214; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(92)(B), (C), 72 Stat. 1482, related

to hospital and related benefits for members of a Citizens'

Military Training Camp and for members of Army not covered by

section 3721 of this title.

EFFECTIVE DATE OF REPEAL

Repeal 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 an Effective Date of

1986 Amendment note under section 1074a of this title.

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10 USC Sec. 3723 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 355 - HOSPITALIZATION

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Sec. 3723. When Secretary may require

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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.

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(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.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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3723 10:455e. 32:164d. July 15, 1939, ch.

282; restated Oct.

14, 1940, ch. 875,

Sec. 5, 54 Stat.

1137.

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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.

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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.

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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.

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