Aug. 10, 1956, ch. 104170A Stat. 100Pub. L. 94–225, § 2(a)90 Stat. 202Pub. L. 96–513, title V, § 511(45)94 Stat. 2924Pub. L. 98–525, title XIV, § 1405(25)98 Stat. 2623Pub. L. 99–661, div. A, title XIII, § 1343(a)(7)100 Stat. 3992Pub. L. 101–189, div. A, title XVI, § 1621(a)(2)103 Stat. 1603Pub. L. 104–106, div. A, title IX, § 903(f)(2)110 Stat. 402Pub. L. 104–201, div. A, title IX, § 901110 Stat. 2617(, ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1216(a) 1216(b) 1216(c) | 37:283 (1st 17 words). 37:284(a). 37:284 (less (a)). | Oct. 12, 1949, ch. 681, §§ 413 (1st 17 words), 414, 63 Stat. 824, 825. |
In subsection (b), the words “of any member for reappointment, reenlistment” are inserted for clarity, since they are implied in the words “reentry into active service”.
In subsections (b) and (c), the words “under this chapter” are inserted for clarity.
In subsection (c), the words “as prescribed by the President” are substituted for the words “under regulations promulgated by the President”.
Editorial Notes
Amendments
Pub. L. 104–106, § 903(a)Pub. L. 104–2011996—Subsec. (d). , (f)(2), which directed amendment of subsec. (d), eff. , by substituting “official in the Department of Defense with principal responsibility for health affairs” for “Assistant Secretary of Defense for Health Affairs”, was repealed by .
Pub. L. 101–1891989—Subsec. (c). substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Pub. L. 99–6611986—Subsec. (d). substituted “who is a general officer or flag officer or is a medical officer” for “who is in pay grade O–7 or higher or is a Medical Corps officer or medical officer of the Air Force” in provisions preceding par. (1).
Pub. L. 98–5251984—Subsec. (b). struck out “of this section” after “subsection (d)” in provisions preceding par. (1).
Pub. L. 96–5131980—Subsec. (d). substituted “Affairs” for “and Environment”.
Pub. L. 94–225, § 2(a)(1)1976—Subsec. (b). , substituted “Except as provided in subsection (d) of this section, the Secretary” for “The Secretary”.
Pub. L. 94–225, § 2(a)(2)Subsec. (d). , added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–225, § 2(b)90 Stat. 202
Applicability of Subsection (d)
section 2157 of Title 14Subsec. (d) of this section inapplicable with respect to flag officers of the Coast Guard during any period in which the Coast Guard is not operating as a service in the Navy, see , Coast Guard.
Executive Documents
Ex. Ord. No. 10122. Regulations Governing Disability Pay, Hospitalization and Reexamination
67 Stat. 631Ex. Ord. No. 10122, , 15 F.R. 2173, as amended by Ex. Ord. 10400, , 17 F.R. 8648; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, ; Ex. Ord. No. 11733, , 38 F.R. 20431 provided:
section 284(b) of Title 37By virtue of and pursuant to the authority vested in me by section 414(b) of the Career Compensation Act of 1949, approved (Public Law 351, 81st Congress [former , now covered by subsecs. (b) and (c) of this section], and as President of the United States and Commander in Chief of the armed forces of the United States, I hereby prescribe the following regulations governing payment of disability retirement pay, hospitalization, and re-examination of members and former members of the uniformed services:
Section 1. The terms “uniformed services” and “Secretary” as used in these regulations shall have the meaning prescribed therefor by subsections (a) and (f), respectively, of section 102 of the Career Compensation Act of 1949 [section 101(3) and (5) of Title 37, Pay and Allowances of the Uniformed Services].
Sec. 2. (a) Effective as of , all duties, powers, and functions incident to the payment of disability retirement pay of members or former members of the uniformed services retired for physical disability or receiving disability retirement pay shall, except as provided in subsection (b) of this section, be vested in the Secretary concerned.
section 1 of the act of August 30, 1935section 5 of the act of April 3, 193953 Stat. 557section 369a of this title(b) Effective , all duties, powers, and functions exercised by the Veterans’ Administration pursuant to Executive Order No. 8099 of , as amended by Executive Order No. 8461 of , relative to the administration of the retirement-pay provisions of , as amended by , [former ], and amendments thereof, shall, as to cases within their respective jurisdictions, be vested in the Secretary of the Army and the Secretary of the Air Force, and thereafter the Veterans’ Administration shall not be charged in any case with any further responsibility in the administration of the said retirement-pay provisions. The said Executive Order No. 8099 as amended by the said Executive Order No. 8461 is hereby amended accordingly.
Sec. 3. All duties, powers, and functions incident to the hospitalization, except as provided in section 5 of this order, and re-examination of members of the uniformed services placed on the temporary disability retired list under the provisions of the Career Compensation Act of 1949 shall be vested in the Secretary concerned.
SecProvided. 4. Effective , all duties, powers, and functions incident to the hospitalization of members or former members of the uniformed services permanently retired for physical disability or receiving disability retirement pay shall, except as provided in section 5 of this order, be vested in the Secretary concerned: , that all the duties, powers, and functions incident to hospitalization which such members or former members are entitled to and elect to receive in facilities of the Veterans’ Administration, other than hospitals under the jurisdiction of the uniformed services, shall be vested in the Administrator of Veterans’ Affairs.
SecProvidedAnd provided further. 5. All duties, powers, and functions incident to the hospitalization of members or former members of the uniformed services placed on the temporary disability retired list or permanently retired for physical disability or receiving disability retirement pay who require hospitalization for chronic diseases shall be vested in the Administrator of Veterans’ Affairs: , that all the duties, powers, and functions incident to hospitalization for such members or former members who elect to receive hospitalization in uniformed services facilities shall, subject to the availability of space and facilities and the capabilities of the medical and dental staff, be vested in the Secretary concerned: , that for the purpose of this order, the term “chronic disease” shall be construed to include arthritis, malignancy, psychiatric or neuropsychiatric disorder, neurological disabilities, poliomyelitis with disability residuals and degenerative diseases of the nervous system, severe injuries to the nervous system including quadriplegics, hemiplegics, and paraplegics, tuberculosis, blindness and deafness requiring definitive rehabilitation, major amputees, and such other diseases as may be so defined jointly by the Secretary of Defense, the Administrator of Veterans’ Affairs, and the Federal Security Administrator and so described in appropriate regulations of the respective departments and agencies concerned. Executive Order No. 9703 of , prescribing regulations relating to the medical care of certain personnel of the Coast Guard, National Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey), Public Health Service, and the former Lighthouse Service, is hereby amended to the extent necessary to conform to the provisions of this section.
Sec58 Stat. 682. 6. Except as provided in section 5 hereof with respect to hospitalization for chronic diseases, nothing in this order shall be construed to affect the duties, powers, and functions of the Public Health Service with respect to hospitalization and medical examination of members and former members of the Coast Guard and the National Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey) under the Public Health Service Act, approved (), as amended [section 201 et seq. of Title 42, The Public Health and Welfare], and the regulations prescribed by the said Executive Order No. 9703 of .
Sec45 Stat. 73555 Stat. 733section 456a of this title. 7. Nothing in this order shall be construed to affect the duties, powers, and functions vested in the Administrator of Veterans’ Affairs pursuant to the provisions of the act of , entitled “An Act making eligible for retirement, under certain conditions, officers and former officers of the Army, Navy, and Marine Corps of the United States, other than officers of the Regular Army, Navy, or Marine Corps, who incurred physical disability in line of duty while in the service of the United States during the World War” (, as amended) [section 581 of former Title 38], or by or pursuant to the act of , entitled “An Act to provide retirement pay and hospital benefits to certain Reserve officers, Army of the United States, disabled while on active duty” () [former ].