10 U.S.C. § 1055 — Waiver of security deposits for members

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).