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
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—
was caused by hostile action; and
was a result of the relationship of the dependent to the member of the uniformed services.
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.
A determination by the President under subsection (a) is conclusive and is not subject to judicial review.
In this section:
The term “dependent” has the meaning given that term in section 551 of title 37.
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.
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, § 1051Enacted 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.”.Department of Defense Authorization Act, 1987
Pub. L. 99–661 § 1343(a)(25) · 100 Stat. 3816
Amended · 10 U.S.C. § 1032(d)
Pub. L. 99–661, § 1343(a)(25), as amended by Pub. L. 100–26, § 3(8)
Substituted · 10 U.S.C. § 1032(d)
Pub. L. 99–661, § 1343(a)(25), as substituted “title 37” for “that title” in par. (2)
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.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.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.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’”; andNational 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
- 1986Added Pub. L. 99–399, title VIII, § 806(b)(1), , 100 Stat. 885, § 1051
- 1986amended Pub. L. 99–661, div. A, title XIII, § 1343(a)(25), , 100 Stat. 3994
- 1987renumbered § 1032 and amended Pub. L. 100–26, §§ 3(8), 7(e)(1)(A), , 101 Stat. 274, 281
- 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.)