10 U.S.C. § 1032
Section 1032 · Disability and death compensation: dependents of members held as captives
Amended 4 times on record
Applied in 3 court decisions — leading case Leslie Womack Real Estate, Inc. v. Dunbar (In Re Dunbar) (1989)
Most recently applied in 68 Fed. Cl. 1 - Space Exploration Technologies Corp. v. United States (October 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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).
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.