10 U.S.C. § 1032

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1032 - Disability and death compensation: dependents of members held as captives

(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.

10 U.S.C. § 1032

Added Pub. L. 99-399, title VIII, §806(b)(1), Aug. 27, 1986, 100 Stat. 885, §1051; amended Pub. L. 99-661, div. A, title XIII, §1343(a)(25), Nov. 14, 1986, 100 Stat. 3994; renumbered §1032 and amended Pub. L. 100-26, §§3(8), 7(e)(1)(A), Apr. 21, 1987, 101 Stat. 274, 281; Pub. L. 101-189, div. A, title XVI, §1622(e)(2), Nov. 29, 1989, 103 Stat. 1605.

EDITORIAL NOTES

PRIOR PROVISIONSA 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), Aug. 17, 1977, 91 Stat. 860.

AMENDMENTS1989-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 Nov. 14, 1986, see section 12(a) of Pub. L. 100-26, set out as a note under section 776 of this title.

EFFECTIVE DATEPub. L. 99-399, title VIII, §806(b)(3), Aug. 27, 1986, 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 January 21, 1981."

EXECUTIVE DOCUMENTS

DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 4 of Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of Title 5, Government Organization and Employees.

Secretary concerned

The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.

pay

The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.

uniformed services

The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.