10 U.S.C. § 1053 — Financial institution charges incurred be-

Page 942 TITLE 10—ARMED FORCES § 1053 (i) the adopted child is entitled to auto- matic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or (ii) a certificate of citizenship has been issued for such child under section 322 of that Act (8 U.S.C. 1433). (Added Pub. L. 102–190, div. A, title VI, § 651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 102–484, div. A, title X, § 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, div. A, title VI, § 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title VI, § 661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, § 592(a), Jan. 6, 2006, 119 Stat. 3280.) Editorial Notes PRIOR PROVISIONS A prior section 1052 was renumbered section 1063 of this title and subsequently repealed. AMENDMENTS 2006—Subsec. (g)(1). Pub. L. 109–163 inserted ‘‘or other source authorized to place children for adoption under State or local law’’ after ‘‘qualified adoption agency’’ in introductory provisions. 2004—Subsec. (g)(3)(D). Pub. L. 108–375 added subpar. (D). 2000—Pub. L. 106–398 substituted ‘‘Adoption expenses: reimbursement’’ for ‘‘Reimbursement for adoption ex- penses’’ in section catchline. 1996—Subsec. (g)(1). Pub. L. 104–201, § 652(a)(1), sub- stituted ‘‘qualified adoption agency.’’ for ‘‘State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place chil- dren for adoption.’’ Subsec. (g)(3). Pub. L. 104–201, § 652(a)(2), added par. (3). 1992—Subsec. (b). Pub. L. 102–484 inserted close paren- thesis before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–190, div. A, title VI, § 651(c), Dec. 5, 1991, 105 Stat. 1387, provided that: ‘‘The amendments made by subsections (a) and (b) [enacting this section and section 514 of Title 14, Coast Guard] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to adoptions completed on or after that date.’’ REIMBURSEMENT FOR ADOPTIONS COMPLETED DURING PERIOD BETWEEN TEST AND PERMANENT PROGRAM Pub. L. 102–484, div. A, title VI, § 652, Oct. 23, 1992, 106 Stat. 2426, provided that this section and section 514 (now 2903) of Title 14, Coast Guard, would apply with re- spect to the reimbursement of adoption expenses in- curred for an adoption proceeding completed during the period beginning on Oct. 1, 1990, and ending on Dec. 4, 1991, to the extent that such expenses would have been covered if the proceeding had been completed after Dec. 4, 1991, but only if an application for such reimburse- ment had been made within one year after Oct. 23, 1992. § 1053. Financial institution charges incurred be- cause of Government error in direct deposit of pay: reimbursement (a)(1) A member of the armed forces (or a former member of the armed forces entitled to retired pay under chapter 1223 of this title) who, in accordance with law or regulation, partici- pates in a program for the automatic deposit of pay to a financial institution may be reimbursed by the Secretary concerned for a covered late- deposit charge. (2) A covered late-deposit charge for purposes of paragraph (1) is a charge (including an over- draft charge or a minimum balance or average balance charge) that is levied by a financial in- stitution and that results from an administra- tive or mechanical error on the part of the Gov- ernment that causes the pay of the person con- cerned to be deposited late or in an incorrect manner or amount. (b) Reimbursements under this section shall be made from appropriations available for the pay and allowances of members of the armed force concerned. (c) The Secretaries concerned shall prescribe regulations to carry out this section, including regulations for the manner in which reimburse- ment under this section is to be made. (d) In this section: (1) The term ‘‘financial institution’’ means a bank, savings and loan association, or similar institution or a credit union chartered by the United States or a State. (2) The term ‘‘pay’’ includes (A) retired pay, and (B) allowances. (Added Pub. L. 99–661, div. A, title VI, § 662(a)(1), Nov. 14, 1986, 100 Stat. 3893; amended Pub. L. 101–189, div. A, title VI, § 664(a)(1)–(3)(A), Nov. 29, 1989, 103 Stat. 1466; Pub. L. 102–25, title VII, § 701(e)(8)(A), Apr. 6, 1991, 105 Stat. 115; Pub. L. 104–106, div. A, title XV, § 1501(c)(8), Feb. 10, 1996, 110 Stat. 499; Pub. L. 105–261, div. A, title V, § 564(a), Oct. 17, 1998, 112 Stat. 2029; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–398 substituted ‘‘Financial institu- tion charges incurred because of Government error in direct deposit of pay: reimbursement’’ for ‘‘Reimburse- ment for financial institution charges incurred because of Government error in direct deposit of pay’’ in sec- tion catchline. 1998—Subsec. (d)(1). Pub. L. 105–261 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘financial institution’ has the meaning given the term ‘financial organization’ in section 3332(a) of title 31.’’ 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘chap- ter 1223’’ for ‘‘chapter 67’’. 1991—Pub. L. 102–25 struck out ‘‘mandatory’’ after ‘‘error in’’ in section catchline. 1989—Pub. L. 101–189, § 664(a)(3)(A), amended section catchline generally, substituting ‘‘Reimbursement for financial institution charges incurred because of Gov- ernment’’ for ‘‘Relief for expenses because of’’. Subsec. (a). Pub. L. 101–189, § 664(a)(1), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘A member of the armed forces who, by law or regulation, is required to participate in a program for the automatic deposit of pay to a financial institu- tion may be reimbursed for overdraft charges levied by the financial institution when such charges result from an administrative or mechanical error on the part of the Government that causes such member’s pay to be deposited late or in an incorrect amount or manner.’’ Subsec. (d). Pub. L. 101–189, § 664(a)(2), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) read Page 943 TITLE 10—ARMED FORCES § 1054 as follows: ‘‘In this section, the term ‘financial institu- tion’ has the meaning given that term in section 3332 of title 31.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title VI, § 664(c), Nov. 29, 1989, 103 Stat. 1467, provided that: ‘‘The amendments made by subsection (a) [amending this section], and section 1594 of title 10, United States Code, as added by sub- section (b), shall apply with respect to pay and allow- ances deposited (or scheduled to be deposited) on or after the first day of the first month beginning after the date of the enactment of this Act [Nov. 29, 1989].’’ EFFECTIVE DATE Pub. L. 99–661, div. A, title VI, § 662(c), Nov. 14, 1986, 100 Stat. 3894, provided that: ‘‘Section 1053 of title 10, United States Code, as added by subsection (a), shall apply only with respect to charges levied as a result of errors occurring on or after the date of the enactment of this Act [Nov. 14, 1986].’’ [§ 1053a. Repealed. Pub. L. 113–66, div. A, title VI, § 621(c)(2)(A), Dec. 26, 2013, 127 Stat. 784] Section, added Pub. L. 106–398, § 1 [[div. A], title V, § 579(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141, related to reimbursement for expenses incurred in connection with leave canceled due to contingency operations. § 1054. Defense of certain suits arising out of legal malpractice (a) The remedy against the United States pro- vided by sections 1346(b) and 2672 of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any person who is an attorney, paralegal, or other member of a legal staff within the Department of Defense (including the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32) or within the Coast Guard, in connection with providing legal serv- ices while acting within the scope of the per- son’s duties or employment, is exclusive of any other civil action or proceeding by reason of the same subject matter against the person (or the estate of the person) whose act or omission gave rise to such action or proceeding. (b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such in- jury. Any person against whom such a civil ac- tion or proceeding is brought shall deliver, with- in such time after date of service or knowledge of service as determined by the Attorney Gen- eral, all process served upon such person (or an attested true copy thereof) to such person’s im- mediate superior or to whomever was designated by the head of the agency concerned to receive such papers. Such person shall promptly furnish copies of the pleading and process therein— (1) to the United States attorney for the dis- trict embracing the place wherein the action or proceeding is brought; (2) to the Attorney General; and (3) to the head of the agency concerned. (c) Upon a certification by the Attorney Gen- eral that a person described in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court— (1) shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending; and (2) shall be deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) is not available against the United States, the case shall be re- manded to the State court. (d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect. (e) For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to a cause of action arising out of a negligent or wrongful act or omission in the provision of legal assistance. (f) The head of the agency concerned may hold harmless or provide liability insurance for any person described in subsection (a) for damages for injury or loss of property caused by such per- son’s negligent or wrongful act or omission in the provision of authorized legal assistance while acting within the scope of such person’s duties if such person is assigned to a foreign country or detailed for service with an entity other than a Federal department, agency, or in- strumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or in- jury. (g) In this section, the term ‘‘head of the agen- cy concerned’’ means the Secretary of Defense, the Secretary of a military department, or the Secretary of the department in which the Coast Guard is operating, as appropriate. (Added Pub. L. 99–661, div. A, title XIII, § 1356(a)(1), Nov. 14, 1986, 100 Stat. 3996; amended Pub. L. 100–448, § 15(a), Sept. 28, 1988, 102 Stat. 1845.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–448, § 15(a)(1), inserted ‘‘or within the Coast Guard’’ after ‘‘of title 32)’’. Subsec. (g). Pub. L. 100–448, § 15(a)(2), inserted ref- erence to the Secretary of the department in which the Coast Guard is operating. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–448, § 15(b), Sept. 28, 1988, 102 Stat. 1845, provided that: ‘‘The amendments made by subsection