
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1054]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1054. Defense of certain suits arising out of legal 
        malpractice
        
    (a) The remedy against the United States provided 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 services 
while acting within the scope of the person'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 injury. Any person against 
whom such a civil action or proceeding is brought shall deliver, within 
such time after date of service or knowledge of service as determined by 
the Attorney General, all process served upon such person (or an 
attested true copy thereof) to such person's immediate 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 district 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 General 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 remanded 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 person'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 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, 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, Sec. 1356(a)(1), Nov. 14, 
1986, 100 Stat. 3996; amended Pub. L. 100-448, Sec. 15(a), Sept. 28, 
1988, 102 Stat. 1845.)


                               Amendments

    1988--Subsec. (a). Pub. L. 100-448, Sec. 15(a)(1), inserted ``or 
within the Coast Guard'' after ``of title 32)''.
    Subsec. (g). Pub. L. 100-448, Sec. 15(a)(2), inserted reference to 
the Secretary of the department in which the Coast Guard is operating.


                    Effective Date of 1988 Amendment

    Section 15(b) of Pub. L. 100-448 provided that: ``The amendments 
made by subsection (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 negligent act or omission 
occurred.''


                             Effective Date

    Section 1356(b) of Pub. L. 99-661 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.''
