Page:United States Statutes at Large Volume 90 Part 1.djvu/878

 90 STAT. 828

PUBLIC LAW 94-350—JULY 12, 1976 "PART J—MALPRACTICE PROTECTION

22 USC 817.

"SEC. 1091. (a) The remedy— ' ' "(1) against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, or "(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under such sections, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State (including the Agency for International Development) in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality ,.,,^,,., shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, phar. macist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim. Gvil action. " (b) The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her estate) for any such damage or injury. Any such person against whom such 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 him or her or an attested true copy thereof to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. Certification. "(c) Upon a certification by the Attorney General that the defendant was acting within the scope of his or her employment in or for the ,,^, Department of State or any other Federal department, agency, or instrumentality at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court 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 the proceeding deemed a tort action brought against the United States under the pro28 USC 1 et seq. visions of title 28 of the United States Code and all references thereto. Should a United States district court determine on a hearing on a - • t *£D 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) of this section is not available against the United States, the case shall be remanded to the State court except that where such rem-. • edy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in that event, the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section. "(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in

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