---
kind: "section"
citation: "10 U.S.C. § 1054"
title: "10"
title_heading: "Armed Forces"
number: "1054"
heading: "Defense of certain suits arising out of legal malpractice"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1054"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 53 — Miscellaneous Rights and Benefits"
---

# §1054. Defense of certain suits arising out of legal malpractice

- (a) The remedy against the [United States](/usc/10/101.md?p=a-1) provided by sections [1346(b)](/usc/28/1346.md?p=b) and [2672](/usc/28/2672.md) of title 28 for damages for injury or loss of property caused by the negligent or wrongful act or omission of any [person](/usc/10/2700.md?p=2) who is an attorney, paralegal, or other member of a legal staff within the [Department](/usc/10/101.md?p=a-6) of Defense (including the [National Guard](/usc/10/101.md?p=c-1) while engaged in [training](/usc/10/301.md?p=9) or duty under section [316](/usc/32/316.md), [502](/usc/32/502.md), [503](/usc/32/503.md), [504](/usc/32/504.md), or [505](/usc/32/505.md) of title 32) or within the Coast Guard, in connection with providing legal services while acting within the scope of the [person](/usc/10/2700.md?p=2)’s duties or employment, is exclusive of any other civil action or proceeding by reason of the same subject matter against the [person](/usc/10/2700.md?p=2) (or the estate of the [person](/usc/10/2700.md?p=2)) 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](/usc/10/2700.md?p=2) referred to in [subsection (a)](#a) (or the estate of such [person](/usc/10/2700.md?p=2)) for any such injury. Any [person](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2) (or an attested true copy thereof) to such [person](/usc/10/2700.md?p=2)’s immediate superior or to whomever was designated by the head of the [agency](/usc/10/3451.md?p=3) concerned to receive such papers. Such [person](/usc/10/2700.md?p=2) shall promptly furnish copies of the pleading and process therein—
  - (1) to the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/3451.md?p=3) concerned.
- (c) Upon a certification by the Attorney General that a [person](/usc/10/2700.md?p=2) described in [subsection (a)](#a) was acting in the scope of such [person](/usc/10/2700.md?p=2)’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](/usc/10/4951.md?p=4) court—
  - (1) shall be removed without bond at any time before trial by the Attorney General to the district court of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/101.md?p=a-1) under the provisions of [title 28](/usc/28.md) and all references thereto. Should a [United States](/usc/10/101.md?p=a-1) 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)](#a) is not available against the [United States](/usc/10/101.md?p=a-1), the case shall be remanded to the [State](/usc/10/4951.md?p=4) 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](/usc/28/2677.md), and with the same effect.
- (e) For purposes of this section, the provisions of [section 2680(h) of title 28](/usc/28/2680.md?p=h) 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](/usc/10/3451.md?p=3) concerned may hold harmless or provide liability insurance for any [person](/usc/10/2700.md?p=2) described in [subsection (a)](#a) for damages for injury or loss of property caused by such [person](/usc/10/2700.md?p=2)’s negligent or wrongful act or omission in the provision of authorized legal assistance while acting within the scope of such [person](/usc/10/2700.md?p=2)’s duties if such [person](/usc/10/2700.md?p=2) is assigned to a foreign country or detailed for service with an entity other than a Federal [department](/usc/10/101.md?p=a-6), [agency](/usc/10/3451.md?p=3), or instrumentality or if the circumstances are such as are likely to preclude the remedies of third [persons](/usc/10/2700.md?p=2) against the [United States](/usc/10/101.md?p=a-1) described in [section 1346(b) of title 28](/usc/28/1346.md?p=b), for such damage or injury.
- (g) In this section, the term “head of the [agency](/usc/10/3451.md?p=3) concerned” means the [Secretary](/usc/10/4951.md?p=3) of Defense, the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6), or the [Secretary](/usc/10/4951.md?p=3) of the [department](/usc/10/101.md?p=a-6) in which the Coast Guard is operating, as appropriate.

## Source credit

(Added Pub. L. 99–661, div. A, title XIII, § 1356(a)(1), Nov. 14, 1986, 100 Stat. 3996; amended Pub. L. 100–448, § 15(a), Sept. 28, 1988, 102 Stat. 1845.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (a). Pub. L. 100–448, § 15(a)(1), inserted “or within the Coast Guard” after “of title 32)”.

Subsec. (g). Pub. L. 100–448, § 15(a)(2), inserted reference to the Secretary of the department in which the Coast Guard is operating.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Pub. L. 100–448, § 15(b), Sept. 28, 1988, 102 Stat. 1845, 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

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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.