Page:United States Statutes at Large Volume 90 Part 2.djvu/519

 PUBLIC LAW 94-464—OCT. 8, 1976 his duties for the National Guard during a training exercise, the liability of such medical personnel for any costs, settlement, or judgment shall become, subject to the provisions of this section, the liability of the United States and shall be payable under the provisions of section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), or out of funds appropriated for the payment of such liability. "(b) The liability for any claim for damages under this section against any medical personnel shall become the liability of the United States only to the extent that the liability of such medical personnel is not covered by insurance, and such liability shall not constitute coinsurance for any purpose. "(c) Liability of the United States for damages against any medical personnel referred to in subsection (a) shall be subject to the condition that the medical personnel against whom any claim for such damages is made shall— "(1) promptly notify the Attorney General of the claim, and in case of any civil action or proceeding brought in any court against any such personnel, deliver all process served upon such personnel (or an attested true copy thereof) to the immediate superior of such personnel or to such other person designated by the appropriate Adjutant General to receive such papers, who shall promptly transmit such papers to the Attorney General. "(2) furnish to the Attorney General such other information and documents as the Attorney General may request, and "(3) comply with the instructions of the Attorney General relative to the final disposition of a claim for damages. "(d) The liability of the United States under this section shall also be subject to the condition that the settlement of any claim described in subsection (a) of this section be approved by the Attorney General prior to its finalization. "(e) The provisions of this section shall not apply in the case of any claim for damages against any medical personnel settled under the provisions of section 715 of title 32. " (f) As used in this section, the term— "(1) 'Medical personnel' means any physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Army National Guard or the Air National Guard. "(2) 'Training exercise' means training or duty performed by medical personnel under section 316, 502, 503, 504, or 505 of this title or under any other provision of law for which such personnel are entitled to or has waived pay under section 206 of title 37. "(3) 'Final disposition' means— "(A) a final judgment of any court from which the Attorney General decides there will be no appeal, "(B) the settlement of any claim, or "(C) a determination at any stage of a claim for damages in favor of a medical personnel and from which determination no appeal can be made. " (4) 'Settlement' means any compromise of a claim for damages which is agreed to by the claimant and approved by the Attorney General prior to its finalization. "(5) 'Costs' includes any costs which are taxed by any court against any medical personnel, normal litigation expenses, attorney's fees incurred by any medical personnel, and such interest as any medical personnel may be obligated to pay by any court order or by statute.

90 STAT. 1987

Notification to Attorney General.

Definitions.

32 USC 316, 502-505.

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