Page:United States Statutes at Large Volume 100 Part 5.djvu/524

 100 STAT. 3998

PUBLIC LAW 99-661—NOV. 14, 1986

instrumentality 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 injury, "(g) In this section, the term 'head of the agency concerned' means the Secretary of Defense or the Secretary of a military department.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 10 USC 1054 ^°^-

"1054. Defense of certain suits arising out of legal malpractice.". (b) EFFECTIVE DATE.—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, regardless of when the alleged negligent or wrongful act or omission occurred. SEC. 1357. OFF-POST RENTAL PROGRAM

HOUSING

LEASE

INDEMNITY

PILOT

(a) ESTABLISHMENT OF PROGRAM.—(1) The Secretary of Defense

shall establish a pilot program to test the feasibility of implementing a program under which the Secretary of a military department may guarantee compensation of any person who leases a rental unit to any member of the Armed Forces under the jurisdiction of the Secretary for any breach of any lease or any damage to the rental unit by the member. (2) The program referred to in paragraph (1) shall be established not later than the end of the 90-day period beginning on the date of the enactment of this Act. (b) CONTENT OF PROGRAM.—(1) In accordance with action taken by the Secretary of Defense under subsection (a), the Secretary of each military department shall designate one military installation in the United States that is under the jurisdiction of such Secretary to participate in the program established under subsection (a). (2) For purposes of carrying out this section, the Secretary of a military department, to the extent funds are provided in advance in appropriation Acts, may enter into an agreement with any person who leases a rental unit to any member of the Armed Forces under the jurisdiction of the Secretary. Any agreement under this paragraph shall provide that— (A) the term of the agreement shall not be for more than one year; (B) the member shall not pay a security deposit; (C) the Secretary (except as provided in subparagraphs (D) ,. ii!;;. and (E)) shall compensate the lessor for any breach of the lease by the member and for any damage to the rental unit caused by the member or by any guest or dependent of the member; ( (D) the total liability of the Secretary for any breach of the ? lease or for any damage described in subparagraph (C) shall not I exceed an amount equal to the amount that the Secretary determines would have been required by the lessor as a security .,' -f ' deposit absent the agreement authorized in this paragraph; (E) the Secretary shall not compensate the lessor for any breach of the lease or for any damage described in subparagraph (C) until the lessor exhausts any remedies available to the lessor against the member for the breach or damage; and (F) the Secretary shall be subrogated to the rights of the « lessor in any case in which the Secretary compensates the lessor

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