10 U.S.C. § 1032 — Disability and death compensation: dependents of members held as captives

submitted 40 years ago by Pub. L. 99-399 to r/title-10-ARMED-FORCES · 183 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President must establish rules for compensation when a uniformed-service member’s dependent becomes disabled or dies because of hostile action related to the dependent’s relationship to the member. Other U.S.-funded payments for the same event reduce the compensation.

(a) The President must issue regulations allowing the Secretary concerned to pay compensation for a dependent’s disability or death if the President decides that hostile action caused it and that it resulted from the dependent’s relationship to a uniformed-service member. (b) Compensation under this section is reduced by amounts payable to the same person under another program funded wholly or partly by the United States for the same disability or death. It cannot be reduced below zero. (c) The President’s decision under subsection (a) is final and cannot be reviewed by a court. (d) “Dependent” has the meaning in section 551 of title 37. “Secretary concerned” has the meaning in section 101 of title 37. This section does not define those terms.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 99-399 · 100 Stat. 885
1986Amended · Pub. L. 99-661 · 100 Stat. 3994
1987Amended · Pub. L. 100-26 · 101 Stat. 274, 281
1989Amended · Pub. L. 101-189 · 103 Stat. 1605

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-399 on 1986-08-27.

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