10 U.S.C. § 1032

Disability and death compensation: dependents of members held as captives

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar

(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.(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 NotesPrior 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 SubsidiariesEffective 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 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 DocumentsDelegation 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.

Notes of Decisions

Cited in 5 cases, 1961–2005 · leading case: Leslie Womack Real Est., Inc. v. Dunbar (In Re Dunbar), 99 B.R. 320 (Bankr. M.D. La. 1989).

Sort: Relevance Newest Treatment

Leslie Womack Real Est., Inc. v. Dunbar (In Re Dunbar), 99 B.R. 320 (Bankr. M.D. La. 1989). “§ 2181 (2) (defining “dependent” for purposes of educational assistance for members of the armed forces held as captives); 10 U.S.C. § 1032 (d)(1) (disability and death compensation for dependents of members of the armed forces held as captives); 37 U.”

In Re Rigdon, 133 B.R. 460 (Bankr. S.D. Ill. 1991). “§ 2181 (2) (defining “dependent” for purposes of educational assistance for members of the armed forces held as captives); 10 U.S.C. § 1032 (d)(1) (disability and death compensation for dependents of members of the armed forces held as captives); 37 U.”

Robert O. Bland v. John D. Connally, Sec'y of the Navy, & Individually, 293 F.2d 852 (D.C. Cir. 1961). “§ 982 (1952) [now 10 U.S.C.A. § 1032 ] ; or to leave the United States for more than 30 days, or to change address outside the ter- *854 ritorial limits of the United States.”

Space Expl. Tech. Corp. v. United States, 68 Fed. Cl. 1 (Fed. Cl. 2005). · cites it 2× “Elsewhere in the complaint, ¶¶2, 21, plaintiff relies on 10 U.S.C. § 1032 (2000) as the basis for Count II; 10 U.”

Neil F. Davis v. Elvis J. Stahr, Jr., Sec'y of the Army of the United States, & Individually, 293 F.2d 860 (D.C. Cir. 1961). “§ 1004 , and to secure the approval of the Secretary of the Army should he wish to take a job with a foreign government or a concern controlled by a foreign government, 10 U.S.C. § 1032 . 2 . Appellant did submit in writing an offer to resign from the reserve should an honorable…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.