Executive Order 10400—Amending Executive Order No. 10122 of April 14, 1950, Entitled "Regulations Governing Payment of Disability Retirement Pay, Hospitalization, and Re-Examination of Members and Former Members of the Uniformed Services"

By virtue of and pursuant to the authority vested in me by section 414(b) of the Career Compensation Act of 1949, approved October 12, 1949 (Public Law 351, 81st Congress), and as President of the United States and Commander in Chief of the Armed Forces of the United States, I hereby amend Executive Order No. 10122 of April 14, 1950, entitled "Regulations Governing Payment of Disability Retirement Pay, Hospitalization and Re-examination of Members and Former Members of the Uniformed Services", as follows, such amendments to be effective October 15, 1952:

Section 3 of such order is amended to read as follows: "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."

Section 5 of such order is amended to read as follows: "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: Provided, that all duties, powers, and functions incident to the hospitalization of such members or former members who are or have been admitted to hospitals under the jurisdiction of the uniformed services before October 15, 1952, may be exercised by the Secretary concerned until April 15, 1953: Provided further, that all the duties, powers, and functions incident to hospitalization for such members or former members who have completed twenty or more years of active duty, as defined in section 412 of the Career Compensation Act of 1949, who require hospitalization for chronic diseases other than blindness, neuropsychiatric or psychiatric disorders and tuberculosis, who are acceptable medically to the Commanding Officer of a service hospital, and who elect not to receive hospitalization in Veterans Administration facilities shall be vested in the Secretary concerned: And provided further, that for the purpose of this order, the term 'chronic diseases' shall be construed to include chronic 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 March 12, 1946, prescribing regulations relating to the medical care of certain personnel of the Coast Guard, 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."

HARRY S. TRUMAN

THE WHITE HOUSE,

September 27, 1952