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Title 10 — Armed Forces

Part II · Chapter 53 — Miscellaneous Rights and Benefits

§ 1032. Disability and death compensation: dependents of members held as captives

Statutory text

(a)

The President shall prescribe regulations under which the Secretary concerned may pay compensation for the disability or death of a dependent of a member of the uniformed services if the President determines that the disability or death—

(1)

was caused by hostile action; and

(2)

was a result of the relationship of the dependent to the member of the uniformed services.

(b)

Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.

(c)

A determination by the President under subsection (a) is conclusive and is not subject to judicial review.

(d)

In this section:

(1)

The term “dependent” has the meaning given that term in section 551 of title 37.

(2)

The term “Secretary concerned” has the meaning given that term in section 101 of that title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Victims of Terrorism Compensation Act

    Pub. L. 99–399 title VIII § 806(b)(1) · 100 Stat. 853

    Enacted · 10 U.S.C. § 1032

    Added Pub. L. 99–399, title VIII, § 806(b)(1), Aug. 27, 1986, 100 Stat. 885, § 1051

    Source evidence

    Code source credit
    Added Pub. L. 99–399, title VIII, § 806(b)(1), Aug. 27, 1986, 100 Stat. 885, § 1051

    Enacted provision · exact public law section
    (1) Chapter 53 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 1051. Disability and death compensation: dependents of members held as captives “(a) The President shall prescribe regulations under which the President of U.S. Regulations. Secretary concerned may pay compensation for the disability or death of a dependent of a member of the uniformed services if the President determines that the disability or death— “(1) was caused by hostile action; and “(2) was a result of the relationship of the dependent to the member of the uniformed services. “(b) Any compensation otherwise payable to a person under this section in connection with any disability or death shall be reduced by any amount payable to such person under any other program funded in whole or in part by the United States in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero. “(c) A determination by the President under subsection (a) is conclusive and is not subject to judicial review. “(d) In this section: “(1) ‘Dependent’ has the meaning given that term in section 551 of that title. “(2) ‘Secretary concerned’ and ‘uniformed services’ have the meanings given those terms in section 101 of that title.”.

  2. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1343(a)(25) · 100 Stat. 3816

    1. Amended · 10 U.S.C. § 1032(d)

      Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8)

    2. Substituted · 10 U.S.C. § 1032(d)

      Pub. L. 99–661, § 1343(a)(25), as substituted “title 37” for “that title” in par. (2)

    3. Substituted · 10 U.S.C. § 1032(d)

      Pub. L. 99–661, § 1343(a)(25), as substituted “has the meaning given that term” for “and ‘uniformed services’ have the meanings given those terms” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8), substituted “title 37” for “that title” in par. (1), and “has the meaning given that term” for “and ‘uniformed services’ have the meanings given those terms” in par. (2).

    Enacted provision · exact public law section
    (25) Section 1051(d) is amended— (A) by striking out “that title” in paragraph (1) and inserting in lieu thereof “title 37”; and (B) by striking out “and ‘uniformed services’ have the meanings given those terms” in paragraph (2) and inserting in lieu thereof “has the meaning given that term”.

    Effective date note
    Amendment by section 3(8) of Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

  3. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(e)(1)(A) · 101 Stat. 273

    Changed · 10 U.S.C. § 1032

    Pub. L. 100–26, § 7(e)(1)(A), renumbered the second section 1051 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 100–26, § 7(e)(1)(A), renumbered the second section 1051 of this title as this section.

    Enacted provision · exact public law section
    (A) Section 1051, as added by section 806(b)(1) of Public Law 99–399 and amended by section 1343(a)(25) of the Defense Authorization Act, is redesignated as section 1032 and is transferred within chapter 53 to appear immediately after section 1031.

    Effective date note
    Amendment by section 3(8) of Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

  4. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 3(8) · 101 Stat. 273

    Amended · 10 U.S.C. § 1032(d)(1); 10 U.S.C. § 1032(d)(2)

    Pub. L. 100–26, § 3(8), amended directory language of Pub. L. 99–661. See 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(1), (2). Pub. L. 100–26, § 3(8), amended directory language of Pub. L. 99–661. See 1986 Amendment note below.

    Enacted provision · exact public law section
    (8) Section 1343(a)(25) is amended by inserting “(as added by section 806(b) of Public Law 99–399) after “Section 1051(d)”.

    Effective date note
    Amendment by section 3(8) of Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

  5. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 1622(e)(2)(A) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 1032(d)(1)

    Pub. L. 101–189, § 1622(e)(2)(A), substituted “The term ‘dependent’ has” for “ ‘Dependent’ has”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(2)(A), substituted “The term ‘dependent’ has” for “ ‘Dependent’ has”.

    Enacted provision · exact public law section
    (A) by striking out “(1) ‘Dependent’” and inserting in lieu thereof “(1) The term ‘dependent’”; and

  6. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 1622(e)(2)(B) · 103 Stat. 1352

    Inserted · 10 U.S.C. § 1032(d)(2)

    Pub. L. 101–189, § 1622(e)(2)(B), inserted “The term” after “(2)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(2)(B), inserted “The term” after “(2)”.

    Enacted provision · exact public law section
    (B) by inserting “The term” after “(2)”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1032, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, provided that a Reserve may accept civil employment with a foreign government or concern, prior to repeal by Pub. L. 95–105, title V, § 509(d)(1), , 91 Stat. 860.

Amendments1986–1989 · 3 rounds

1989

Subsec. (d)(1). Pub. L. 101–189, § 1622(e)(2)(A), substituted “The term ‘dependent’ has” for “ ‘Dependent’ has”.

Subsec. (d)(2). Pub. L. 101–189, § 1622(e)(2)(B), inserted “The term” after “(2)”.

1987

Pub. L. 100–26, § 7(e)(1)(A), renumbered the second section 1051 of this title as this section.

Subsec. (d)(1), (2). Pub. L. 100–26, § 3(8), amended directory language of Pub. L. 99–661. See 1986 Amendment note below.

1986

Subsec. (d). Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8), substituted “title 37” for “that title” in par. (1), and “has the meaning given that term” for “and ‘uniformed services’ have the meanings given those terms” in par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by section 3(8) of Pub. L. 100–26 applicable as if included in Pub. L. 99–661 when enacted on , see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title.

Effective Date

Pub. L. 99–399, title VIII, § 806(b)(3), , 100 Stat. 886, provided that: “Section 1051 [now 1032] of title 10, United States Code, as added by paragraph (1), shall apply with respect to any disability or death resulting from an injury that occurs after .”

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Secretary of Defense, see section 4 of Ex. Ord. No. 12598, , 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.

Credits

1986–1989 · 4 acts
  1. 1986Added Pub. L. 99–399, title VIII, § 806(b)(1), , 100 Stat. 885, § 1051
  2. 1986amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(25), , 100 Stat. 3994
  3. 1987renumbered § 1032 and amended Pub. L. 100–26, §§ 3(8), 7(e)(1)(A), , 101 Stat. 274, 281
  4. 1989Pub. L. 101–189, div. A, title XVI, § 1622(e)(2), , 103 Stat. 1605.
Show as published

(Added Pub. L. 99–399, title VIII, § 806(b)(1), , 100 Stat. 885, § 1051; amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(25), , 100 Stat. 3994; renumbered § 1032 and amended Pub. L. 100–26, §§ 3(8), 7(e)(1)(A), , 101 Stat. 274, 281; Pub. L. 101–189, div. A, title XVI, § 1622(e)(2), , 103 Stat. 1605.)

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