Title 10 — Armed ForcesRelease 119-73
§9263 When Secretary may require
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART II— - PERSONNEL › Chapter CHAPTER 935— - HOSPITALIZATION › § 9263
Summary
Secretary may order and pay for medical care for any active‑duty Air or Space Force member long as needed, even if not line‑of‑duty, except private or civilian care while on leave over 24 hours.
Full Legal Text
Title 10, §9263
Armed Forces — Source: USLM XML via OLRC
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 or the Space 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 872310:455e.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 section 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.
Editorial Notes
Amendments
2021—Pub. L. 116–283 inserted “or the Space Force” after “member of the Air Force”. 2018—Pub. L. 115–232 renumbered section 8723 of this title as this section. 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”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 1986 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9263
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73