Page:United States Statutes at Large Volume 90 Part 2.djvu/518

 90 STAT. 1986

Liability insurance for persons assigned to a foreign country or non-Federal agency.

"Head of agency concerned."

32 USC 334 note.

32 USC 334.

PUBLIC LAW 94-464—OCT. 8, 1976 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, "(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 eifect. "(e) For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations). "(f) The head of the agency concerned or his designee may, to the extent that he or his designee deems appropriate, hold harmless or provide liability insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person's negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties if such person is assigned to a foreign country or detailed for service with 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, 'head of the agency concerned' means— "(1) the Director of Central Intelligence, in the case of an employee of the Central Intelligence Agency; "(2) the Secretary of Transportation, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy; and "(3) the Secretary of Defense, in all other cases.". (b) The table of sections at the beginning of such chapter 55 is amended by adding at the end thereof the following: "1089. Defense of certain suits arising out of medical malpractice.". SEC. 2. (a) The Congress finds— (1) that the Army National Guard and the Air National Guard are critical components of the defense posture of the United States; (2) that a medical capability is essential to the performance of the mission of the National Guard when in Federal service; (3) that the current medical malpractice crisis poses a serious threat to the availability of sufficient medical personnel for the National Guard; and (4) that in order to insure that such medical personnel will continue to be available to the National Guard, it is necessary for the Federal Government to assume responsibility for the payment of malpractice claims made against such personnel arising out of actions or omissions on the part of such personnel while they are performing certain training exercises. (b) Chapter 3 of title 32, United States Code, is amended by adding at the end thereof a new section as follows: § 334. Payment of malpractice liability of National Guard Medical personnel (a) Upon the final disposition of any claim for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any medical personnel of the National Guard in furnishing medical care or treatment while acting within the scope of

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