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

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551&num=0&edition=prelim). (2) The term “Secretary concerned” has the meaning given that term in section 101 of that title.

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Source file: Laws/federal/codes/united-states-code/title-10/section-1032-disability-and-death-compensation-dependents-of-members-held-as-captives--550b25c961.md
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Source location: Title 10, Chapter 53, § 1032; chapter-053-miscellaneous-rights-and-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 551 — Definitions

In this chapter: (1) The term “dependent”, with respect to a member of a uniformed service, means— (A) his spouse; (B) his unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) his dependent mother or father; (D) a dependent designated in official records; and (E) a person determined to be dependent by the Secretary concerned, or his designee. (2) The term “missing status” means the status of a member of a uniformed service who is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will. (3) The term “pay and allowances” means— (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for housing; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 776 — Applicability of chapter

This chapter applies in— (1) the United States; (2) the territories, commonwealths, and possessions of the United States; and (3) all other places under the jurisdiction of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5569 — Benefits for captives

**(a)** For the purpose of this section— (1) “captive” means any individual in a captive status commencing while such individual is— (A) in the Civil Service, or (B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); (2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government; (3) “missing status”— (A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and (B) in the case of an individual other than an employee, has a similar meaning; and (4) “family member”, as used with respect to a person, means— (A) any dependent of such person; and (B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 981, 982 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 981, act July 9, 1952, ch. 608, pt. II, § 246, 66 Stat. 495, related to civil status of reservists. See [section 502 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section502&num=0&edition=prelim), Government Organization and Employees. Section 982, act July 9, 1952, ch. 608, pt. II, § 247, 66 Stat. 495, authorized members of reserve components to accept employment with and compensation from any foreign government or any concern which is controlled in whole or in part by a foreign government. See [section 1032 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1032&num=0&edition=prelim), Armed Forces.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1032 — Disability and death compensation: de-

Page 915 TITLE 10—ARMED FORCES § 1033 (1) required for the enlistment or appoint- ment of any person in the armed forces; or (2) required by law in connection with such an enlistment or appointment. (Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 109–364, div. A, title V, § 595(b), Oct. 17, 2006, 120 Stat. 2235.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1031 ......... 10:19. 34:217a–2. May 22, 1950, ch. 193, § 1, 64 Stat. 187. The words ‘‘(including the reserve component)’’ are omitted, since the words ‘‘any component of an armed force’’ include the reserve components. The words ‘‘any oath required for the enlistment or appointment of any person’’ are substituted for the words ‘‘the oath re- quired for the enlistment of any person, the oath re- quired for the appointment of any person to commis- sioned or warrant officer grade, and any other oath re- quired by law in connection with the enlistment or ap- pointment of any person’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 substituted ‘‘The President, the Vice-President, the Secretary of Defense, any commis- sioned officer, and any other person designated under regulations prescribed by the Secretary of Defense may administer any oath’’ for ‘‘Any commissioned officer of any component of an armed force, whether or not on active duty, may administer any oath’’ in introductory provisions. § 1032. Disability and death compensation: de- pendents 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 de- pendent of a member of the uniformed services if the President determines that the disability or death— (1) was caused by hostile

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