10 U.S.C. § 1054 — Defense of certain suits arising out of

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 L. 103–337, as originally enacted.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 Repealed.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 Page 944 TITLE 10—ARMED FORCES § 1055 (a) [amending this section] shall apply only to claims accruing on or after the date of the enactment of this Act [Sept. 28, 1988], regardless of when the alleged neg- ligent act or omission occurred.’’ EFFECTIVE DATE Pub. L. 99–661, div. A, title XIII, § 1356(b), Nov. 14, 1986, 100 Stat. 3998, provided that: ‘‘Section 1054 of title 10, United States Code, as added by subsection (a), shall apply only to claims accruing on or after the date of the enactment of this Act [Nov. 14, 1986], regardless of when the alleged negligent or wrongful act or omission occurred.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1055. Waiver of security deposits for members renting private housing; authority to indem- nify landlord (a) The Secretary of Defense may carry out a program under which the Secretary of a mili- tary department agrees to indemnify a landlord who leases a rental unit to a member of the armed forces against a breach of the lease by the member or for damage to the rental unit caused by the member. In exchange for agreement for such indemnification by the Secretary, the land- lord shall be required to waive any requirement for payment by the member of a security deposit that the landlord would otherwise require. (b)(1) For purposes of carrying out a program authorized by subsection (a), the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any landlord who agrees to waive the requirement for a security deposit in connection with the lease of a rental unit to a member of the armed forces under the jurisdiction of the Secretary. An agreement under this paragraph shall provide that— (A) the term of the agreement shall remain in effect during the term of the member’s lease and during any lease renewal periods with the lessor; (B) the member shall not pay a security de- posit; (C) the Secretary (except as provided in sub- paragraphs (D) and (E)) shall compensate the landlord for breach of the lease by the member and for damage to the rental unit caused by the member or by a guest or dependent of the member; (D) the total liability of the Secretary for a breach of the lease or for damage described in subparagraph (C) may not exceed an amount equal to the amount that the Secretary deter- mines would have been required by the land- lord as a security deposit in the absence of an agreement authorized in this paragraph; (E) the Secretary may not compensate the landlord for any claim for breach of the lease or for damage described in subparagraph (C) until the landlord exhausts any remedies available to the landlord (including submis- sion to binding arbitration by a panel com- posed of military personnel and persons from the private sector) against the member for the breach or damage; and (F) the Secretary shall be subrogated to the rights of the landlord in any case in which the Secretary compensates the landlord for breach of the lease or for damage described in sub- paragraph (C). (2) Any authority of the Secretary of a mili- tary department under this section shall be ex- ercised under regulations prescribed by the Sec- retary of Defense. (c)(1) The Secretary of a military department who compensates a landlord under subsection (b) for a breach of a lease or for damage described in subsection (b)(1)(C) may issue a special order under section 1007 of title 37 to authorize the withholding from the pay of the member of an amount equal to the amount paid by the Sec- retary to the landlord as compensation for the breach or damage. (2) Before the Secretary of a military depart- ment issues a special order under section 1007 of title 37 to authorize the withholding of any amount from the pay of a member for a breach or damage referred to in paragraph (1), the Sec- retary concerned shall provide the member with the same notice and opportunity for hearing and record inspection as provided an individual under section 5514(a)(2) of title 5. The Secretary concerned shall prescribe regulations, subject to the approval of the President, to carry out this paragraph. Such regulations shall be as uniform for the military departments as practicable. (d) In this section, the term ‘‘landlord’’ means a person who leases a rental unit to a member of the armed forces. (Added Pub. L. 100–456, div. A, title VI, § 621(a)(1), Sept. 29, 1988, 102 Stat. 1982.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–456, div. A, title VI, § 621(b), Sept. 29, 1988, 102 Stat. 1983, provided that: ‘‘Section 1055 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1988.’’ § 1056. Relocation assistance programs (a) REQUIREMENT TO PROVIDE ASSISTANCE.— The Secretary of Defense shall carry out a pro- gram to provide relocation assistance to mem- bers of the armed forces and their families as provided in this section. In addition, the Sec- retary of Defense shall make every effort, con- sistent with readiness objectives, to stabilize and lengthen tours of duty to minimize the ad- verse effects of relocation. (b) TYPES OF ASSISTANCE.—(1) The Secretary of each military department, under regulations prescribed by the Secretary of Defense, shall provide relocation assistance, through military relocation assistance programs described in sub- section (c), to members of the armed forces who are ordered to make a change of permanent sta- tion which includes a move to a new location (and for dependents of such members who are authorized to move in connection with the change of permanent station).