
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1032]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 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.

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


                            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, 
Sec. 509(d)(1), Aug. 17, 1977, 91 Stat. 860.


                               Amendments

    1989--Subsec. (d)(1). Pub. L. 101-189, Sec. 1622(e)(2)(A), 
substituted ``The term `dependent' has'' for `` `Dependent' has''.
    Subsec. (d)(2). Pub. L. 101-189, Sec. 1622(e)(2)(B), inserted ``The 
term'' after ``(2)''.
    1987--Pub. L. 100-26, Sec. 7(e)(1)(A), renumbered the second section 
1051 of this title as this section.
    Subsec. (d)(1), (2). Pub. L. 100-26, Sec. 3(8), amended directory 
language of Pub. L. 99-661. See 1986 Amendment note below.
    1986--Subsec. (d). Pub. L. 99-661, Sec. 1343(a)(25), as amended by 
Pub. L. 100-26, Sec. 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).


                    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 Date

    Section 806(b)(3) of Pub. L. 99-399 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.''

                         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.

                  Section Referred to in Other Sections

    This section is referred to in title 37 section 1013.
