10 U.S.C. § 1056 — Relocation assistance programs

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). Page 945 TITLE 10—ARMED FORCES § 1056 (2) The relocation assistance provided shall in- clude the following: (A) Provision of destination area informa- tion and preparation (to be provided before the change of permanent station takes effect), with emphasis on information with regard to moving costs, housing costs and availability, child care, spouse employment opportunities, cultural adaptation, and community orienta- tion. (B) Provision of counseling about financial management, home buying and selling, rent- ing, stress management aimed at intervention and prevention of abuse, property manage- ment, and shipment and storage of household goods (including motor vehicles and pets). (C) Provision of settling-in services, with emphasis on available government living quar- ters, private housing, child care, spouse em- ployment assistance information, cultural ad- aptation, and community orientation. (D) Provision of home finding services, with emphasis on services for locating adequate, af- fordable temporary and permanent housing. (c) MILITARY RELOCATION ASSISTANCE PRO- GRAMS.—(1) The Secretary shall provide for the establishment of military relocation assistance programs to provide the relocation assistance described in subsection (b). The Secretary shall establish such a program in each geographic area in which at least 500 members of the armed forces are assigned to or serving at a military installation. A member who is not stationed within a geographic area that contains such a program shall be given access to such a pro- gram. The Secretary shall ensure that persons on the staff of each program are trained in the techniques and delivery of professional reloca- tion assistance. (2) The Secretary shall ensure that informa- tion available through each military relocation assistance program shall be managed through a computerized information system that can interact with all other military relocation as- sistance programs of the military departments, including programs located outside the conti- nental United States. (3) Duties of each military relocation assist- ance program shall include assisting personnel offices on the military installation in using the computerized information available through the program to help provide members of the armed forces who are deciding whether to reenlist in- formation on locations of possible future duty assignments. (d) DIRECTOR.—The Secretary of Defense shall establish the position of Director of Military Re- location Assistance Programs in the office of the Assistant Secretary of Defense (Force Man- agement and Personnel). The Director shall oversee development and implementation of the military relocation assistance programs under this section. (e) REGULATIONS.—This section shall be admin- istered under regulations prescribed by the Sec- retary of Defense. (f) INAPPLICABILITY TO COAST GUARD.—This section does not apply to the Coast Guard. (Added Pub. L. 101–510, div. A, title XIV, § 1481(c)(1), Nov. 5, 1990, 104 Stat. 1705; amended Pub. L. 104–106, div. A, title IX, § 903(d), title X, § 1062(a), Feb. 10, 1996, 110 Stat. 402, 443; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 107–107, div. A, title X, § 1048(a)(9), Dec. 28, 2001, 115 Stat. 1223.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–189, div. A, title VI, § 661(a)–(g), Nov. 29, 1989, 103 Stat. 1463, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 101–510, § 1481(c)(3). AMENDMENTS 2001—Subsec. (c)(2). Pub. L. 107–107 struck out ‘‘, not later than September 30, 1991,’’ before ‘‘information available’’. 1996—Subsec. (d). Pub. L. 104–106, § 903(a), (d), which directed repeal of subsec. (d), eff. Jan. 31, 1997, was re- pealed by Pub. L. 104–201. Subsecs. (f), (g). Pub. L. 104–106, § 1062(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: ‘‘ANNUAL REPORT.—Not later than March 1 each year, the Secretary of Defense, acting through the Director of Military Relocation Assistance Programs, shall submit to Congress a report on the pro- gram under this section and on military family reloca- tion matters. The report shall include the following: ‘‘(1) An assessment of available, affordable private- sector housing for members of the armed forces and their families. ‘‘(2) An assessment of the actual nonreimbursed costs incurred by members of the armed forces and their families who are ordered to make a change of permanent station. ‘‘(3) Information (shown by military installation) on the types of locations at which members of the armed forces assigned to duty at military installa- tions live, including the number of members of the armed forces who live on a military installation and the number who do not live on a military installa- tion. ‘‘(4) Information on the effects of the relocation as- sistance programs established under this section on the quality of life of members of the armed forces and their families and on retention and productivity of members of the armed forces.’’ Statutory Notes and Related Subsidiaries IMPLEMENTATION OF RELOCATION ASSISTANCE PROGRAMS Pub. L. 101–510, div. A, title XIV, § 1481(c)(4), Nov. 5, 1990, 104 Stat. 1705, provided that: ‘‘The program re- quired to be carried out by section 1056 of title 10, United States Code, as added by paragraph (1), shall be established by the Secretary of Defense not later than October 1, 1990. The Secretary shall prescribe regula- tions to implement that section not later than July 1, 1990.’’ 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. Page 946 TITLE 10—ARMED FORCES § 1056a § 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel (a) REINTEGRATION AND SUPPORT AUTHOR- IZED.—The Secretary of Defense may carry out the following: (1) Reintegration activities for recovered persons who are Department of Defense per- sonnel. (2) Post-isolation support activities for or on behalf of other recovered persons who are offi- cers or employees of the United States Gov- ernment, military or civilian officers or em- ployees of an allied or coalition partner of the United States, or other United States or for- eign nationals. (b) ACTIVITIES AUTHORIZED.—(1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following: (A) The provision of food, clothing, nec- essary medical support, and essential sundry items for the recovered person. (B) In accordance with regulations pre- scribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated in- dividuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the re- covered person and whose presence may con- tribute to improving the physical and mental health of the recovered person. (C) Transportation or reimbursement for transportation in connection with the attend- ance of the recovered person at events or func- tions determined by the commander or head of a military medical treatment facility to con- tribute to the physical and mental health of the recovered person. (2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for not more than 20 days. (c) DEFINITIONS.—In this section: (1) The term ‘‘post-isolation support’’, in the case of a recovered person, means— (A) the debriefing of the recovered person following a separation as described in para- graph (2); (B) activities to promote or support the physical and mental health of the recovered person following such a separation; and (C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation. (2) The term ‘‘recovered person’’ means an individual who is returned alive from separa- tion (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity. (3) The term ‘‘reintegration’’, in the case of a recovered person, means— (A) the debriefing of the recovered person following a separation as described in para- graph (2); (B) activities to promote or support for the physical and mental health of the recovered person following such a separation; and (C) other activities to facilitate return of the recovered person to military duty or em- ployment with the Department of Defense as expeditiously as possible following such a separation. (Added Pub. L. 112–81, div. A, title V, § 588(a), Dec. 31, 2011, 125 Stat. 1436.) § 1057. Use of armed forces insignia on State li- cense plates (a) The Secretary concerned may approve an application by a State to use or imitate the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Secretary) on motor vehicle license plates issued by the State to an individual who is a member or former member of the armed forces. (b) The Secretary concerned may prescribe any regulations necessary regarding the display of the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Sec- retary) on the license plates described in sub- section (a). (c) In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, Guam, the Virgin Islands, and American Samoa. (Added Pub. L. 102–484, div. A, title X, § 1080(a), Oct. 23, 1992, 106 Stat. 2514.) § 1058. Responsibilities of military law enforce- ment officials at scenes of domestic violence (a) IMMEDIATE ACTIONS REQUIRED.—Under reg- ulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has been inflicted or a dead- ly weapon or dangerous instrument has been used, that military law enforcement officials— (1) take immediate measures to reduce the potential for further violence at the scene; and (2) within 24 hours of the incident, provide a report of the domestic violence to the appro- priate commander and to a local military fam- ily advocacy representative exercising respon- sibility over the area in which the incident took place. (b) FAMILY ADVOCACY COMMITTEE.—Under reg- ulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure that, whenever a report is provided to a commander under subsection (a)(2), a multidisciplinary fam- ily advocacy committee meets, with all due practicable speed, to review the situation and to make recommendations to the commander for appropriate action. (c) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not oper- ating as a service in the Navy, shall prescribe by regulation the definition of ‘‘domestic violence’’ for purposes of this section and such other regu-