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10 USC CHAPTER 855 - HOSPITALIZATION 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 855 - HOSPITALIZATION

.

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CHAPTER 855 - HOSPITALIZATION

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Sec.

(8721, 8722. Repealed.)

8723. When Secretary may require.

AMENDMENTS

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

Nov. 14, 1986, 100 Stat. 3877, struck out item 8721 ''Members of

Air Force, other than of Regular Air Force'' and item 8722

''Members of C.A.T.C.; members of Air Force not covered by section

8721 of this title''.

1958 - Pub. L. 85-861, Sec. 1(190)(D), Sept. 2, 1958, 72 Stat.

1534, struck out reference to members of the A.F.R.O.T.C. in item

8722.

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10 USC Sec. 8721, 8722 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 855 - HOSPITALIZATION

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(Sec. 8721, 8722. Repealed.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 8721, acts Aug. 10, 1956, ch. 1041, 70A Stat. 538; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(190)(A), 72 Stat. 1534, related to

hospital benefits for members of Air Force, other than of Regular

Air Force.

Section 8722, acts Aug. 10, 1956, ch. 1041, 70A Stat. 539; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(190)(B), (C), 72 Stat. 1534,

related to hospital and related benefits for members of a Citizens'

Air Training Camp and for members of Air Force not covered by

section 8721 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. 8723 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 855 - HOSPITALIZATION

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Sec. 8723. When Secretary may require

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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.

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(Aug. 10, 1956, ch. 1041, 70A Stat. 539; Pub. L. 99-661, div. A,

title VI, Sec. 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L.

100-26, Sec. 7(j)(11), Apr. 21, 1987, 101 Stat. 283.)

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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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8723 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 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.

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