An Act to provide for an exclusive remedy against the United States in suits based upon medical malpractice on the part of medical personnel of the armed forces, the Defense Department, the Central Intelligence Agency, and the National Aeronautics and Space Administration, and for other purposes.
PL 94-464 (H.R.3954), enacted 10/08/1976

PUBLIC LAW 94-464—OCT. 8, 1976 
90 STAT. 1985 
Public Law 94-464 
94th Congress 
An Act 
To provide for an exclusive remedy against the United States in suits based 
upon medical malpractice on the part of medical personnel of the armed forces, 
the Defense Department, the Central Intelligence Agency, and the National 
Aeronautics and Space Administration, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of A7nerica in Congress assembled, That (a) chapter 55 
of title 10, United States CcKle, is amended by adding at the end 
thereof a new section as follows: 
*§1089. Defense of certain suits arising out of medical mal-
practice 
"(a) The remedy against the United States provided by sections 
1346(b) and 2672 of title 28 for damages for personal injury, includ-
ing death, caused by the negligent or wrongful act or omission of any 
physician, dentist, nurse, pharmacist, or paramedical or other support-
ing personnel (including medical and dental technicians, nursing 
assistants, and therapists) of the armed forces, the Department of 
Defense, or the Central intelligence Agency in the performance of 
medical, dental, or related health care functions (including clinical 
studies and investigations) while acting within the scope of his duties 
or employment therein or therefor shall hereafter be exclusive of any 
other civil action or proceeding by reason of the same subject matter 
against such physician, dentist nurse, pharmacist, or paramedical 
or other supporting personnel (or the estate of such person) whose 
act or omission gave rise to such action or proceeding. 
"(b) The Attorney General shall defend any civil action or pro-
ceeding brought in any court against any person referred to in sub-
section (a) of this section (or the estate of such person) for any such 
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 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 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 action or proceeding is brought, to the Attorney 
General and to the head of the agency concerned. 
"(c) Upon a certification by the Attorney General that any 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 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 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 
Oct. 8, 1976 
[H.R. 3954] 
Medical 
malpractice 
suits 
against the 
United States. 
Protection. 
10 use 1089. 
28 use 1. 
90 STAT. 1986 
PUBLIC LAW 94-464—OCT. 8, 1976 
Liability 
insurance 
for persons 
assigned to 
a foreign 
country or 
non-Federal 
agency. 
"Head of 
agency 
concerned." 
32 use 334 
note. 
32 use 334. 
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 pre-
clude 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 per-
sonal 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 
PUBLIC LAW 94-464—OCT. 8, 1976 
90 STAT. 1987 
his duties for the National Guard during a training exercise, the 
liability of such medical personnel for any costs, settlement, or judg-
ment shall become, subject to the provisions of this section, the lia-
bility 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 (includ-
mg medical and dental technicians, nursing assistants, and thera-
pists) 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 Attor-
ney 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 determina-
tion 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, attor-
ney'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. 
Notification 
to Attorney 
General. 
Definitions. 
32 use 316, 
502-505. 
90 STAT. 1988 
PUBLIC LAW 94-464^0CT. 8, 1976 
"(6) 'Claim for damages' means any claim or any legal or 
administrative action in connection with any claim described in 
subsection (a) of this section. 
"(7) 'Attorney General' means the Attorney General of the 
United States."." 
(c) The table of sections at the beginning of such chapter 3 is 
amended by adding at the end thereof the following: 
"334, Payment of malpractice liability of National Guard medical personnel.". 
SEC. 3. Title III of the National Aeronautics and Space Act of 
42 use 2459. 
1958, as amended, is amended by redesignating section 307 as 308 and 
by inserting after section 306 a new section 307 as follows: 
" D E F E N S E o r CERTAIN MALPRACTICE AND NEGLIGENCE SUITS 
42 use 2458a. 
"SEC. 307. (a) The remedy against the United States provided by 
sections 1346(b) and 2672 of title 28, United States Code, for damages 
for personal injury, including death, caused by the negligent or wrong-
ful act or omission of any physician, dentist, nurse, pharmacist, or 
paramedical or other supporting personnel (including medical and 
dental technicians, nursing assistants, and therapists) of the Admin-
istration in the performance of medical, dental, or related health care 
functions (including clinical studies and investigations) while acting 
within the scope of his duties or employment therein or therefor shall 
hereafter be exclusive of any other civil action or proceeding by rea-
son of the same subject matter against such physician, dentist, nurse, 
pharmacist, or paramedical or other supporting personnel (or the 
estate of such person) whose act or omission gave rise to such action 
or proceeding. 
"(b) The Attorney General shall defend any civil action or proceed-
ing brought in any court against any person referred to in subsection 
(a) of this section (or the estate of such person) for any such injury. 
Any such person against whom such civil action or proceeding is 
brought shall deliver within such time after date of service or knowl-
edge of service as determined by the Attorney General, all process 
served upon such person or an attested true copy thereof to such per-
son's immediate superior or to whomever was designated by the 
Administrator 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 Administrator. 
"(c) Upon a certification by the Attorney General that any 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 
shall be removed without bond at any time before trial by the At-
torney General to the district court of the United States of the district 
and division embracing the place wherein it is pending and the pro-
ceeding deemed a tort action brought against the United States under 
28 use 1. 
the provisions of title 28, United States Code, 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 sub-
section (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, United States Code, and with the same effect. 
PUBLIC LAW 94-464—OCT. 8, 1976 
90 STAT. 1989 
"(e) For purposes of this section, the provisions of section 2680(h) 
of title 28, United States Code, shall not apply to any cause of action 
arising out of a negligent or wrongful act of omission in the perform-
ance of medical, dental, or related health care functions (including 
clinical studies and investigations). 
"(f) The Administrator or his designee may, to the extent that the 
Administrator or his designee deem appropriate, hold harmless or pro-
vide 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 2679(b) 
of title 28, United States Code, for such damage or injury.". 
SEC. 4. This Act shall become effective on the date of its enactment 
and shall apply only to those claims accruing on or after such date of 
enactment. 
Approved October 8, 1976. 
Liability in-
surance for 
persons 
assigned 
to a foreign 
country or 
non-Federal 
agency. 
Effective 
date. 
10 use 1089 
note. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-333 (Coram, on Armed Services). 
SENATE REPORT No. 94-1264 (Coram, on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): July 21, considered and passed House. 
Vol. 122 (1976): Sept. 24, considered and passed Senate, araended. 
Sept. 27, House concurred in Senate amendment.