Page:United States Statutes at Large Volume 102 Part 2.djvu/979

 PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 1983

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 submission to binding ar/ bitration by a panel composed 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 subpargigraph (C). "(2) Any authority of the Secretary of a military department Regulations. under this section shall be'exercised under regulations prescribed by the Secretary 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)(l)(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 Secretary to the landlord as compensation for the breach or damage. "(2) Before the Secretary of a military department issues a special Records. 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 Secretary 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, 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.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1055. Waiver of security deposits for members renting private housing; authority to indemnify landlord.". (b) EFFECTIVE DATE.—Section 1055 of title 10, United States Code,

lo use 1055 as added by subsection (a), shall take effect on October 1, 1988. note. SEC. 622. RETIRED PAY INVERSIONS RESULTING FROM COURT-MARTIAL PUNISHMENT

(a) IN GENERAL.—Section 1401a(f) of title 10, United States Code, is amended by inserting after the second sentence the following: "However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a courtmartial, such computation may not be based on a grade higher than the grade in which the member is retired.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 10 USC 1401a shall take effect on the first day of the first month that begins after note. the date of the enactment of this Act and shall apply to the computation of the retired or retainer pay of members who initially become entitled to such pay on or after such effective date.

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