§1032 — Title 10 Armed Forces | U.S. Code

Summary

The President must write rules so the proper military Secretary can pay money when a service member’s dependent is injured or killed, but only if the President decides the injury or death was caused by hostile action and happened because the person was the member’s dependent. Any payment will be lowered by what the person gets from other U.S.-funded programs for the same injury or death, but it can never go below zero. The word “dependent” means what section 551 of title 37 says. The term “Secretary concerned” means what section 101 of that title says. The President’s decision is final and cannot be challenged in court.

Title 10, §1032

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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

Amendments

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 AmendmentAmendment 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 Date

Pub. 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.

§1032 Disability and Death Compensation: Dependents of Members Held as Captives

Summary

Title 10, §1032

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Citations & Metadata