10 USC 1089 - Defense of certain suits arising out of medical malpractice

Editorial Notes

Amendments

2013—Subsec. (a). Puspan. L. 112–239 substituted “to such a physician, dentist, nurse, pharmacist, or paramedical” for “if the physician, dentist, nurse, pharmacist, or paramedical”, struck out “involved is” before “serving under”, and inserted “or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091” after “section 1091 of this title”.

2011—Subsec. (g)(3). Puspan. L. 112–81 substituted “Chief Operating Officer of the Armed Forces Retirement Home” for “Armed Forces Retirement Home Board”.

2008—Subsec. (g)(1). Puspan. L. 110–181 substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”.

2002—Subsec. (g)(2). Puspan. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1997—Subsec. (a). Puspan. L. 105–85, § 736(span)(1), inserted at end “This subsection shall also apply if the physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) involved is serving under a personal services contract entered into under section 1091 of this title.”

Subsec. (f). Puspan. L. 105–85, § 736(span)(2), designated existing provisions as par. (1) and added par. (2).

1990—Subsec. (a). Puspan. L. 101–510, § 1533(a)(1)(A), substituted “Armed Forces Retirement Home” for “United States Soldiers’ and Airmen’s Home”.

Subsec. (g)(3). Puspan. L. 101–510, § 1533(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “the Board of Commissioners of the United States Soldiers’ and Airmen’s home, in the case of an employee of the United States Soldiers’ and Airmen’s Home; and”.

1987—Subsec. (g). Puspan. L. 100–180 inserted “the term” after “In this section,”.

1983—Subsec. (a). Puspan. L. 98–94, § 934(a), inserted “the United States Soldiers’ and Airmen’s Home,”.

Subsec. (f). Puspan. L. 98–94, § 934(span), substituted “may, to the extent that the head of the agency concerned considers” for “or his designee may, to the extent that he or his designee deems”.

Subsec. (g)(3), (4). Puspan. L. 98–94, § 934(c)(3), added par. (3) and redesignated former par. (3) as (4).

1981—Subsec. (a). Puspan. L. 97–124 inserted “the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32,” after “armed forces,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–510 effective one year after Nov. 5, 1990, see section 1541 of Puspan. L. 101–510, formerly set out as an Effective Date note under section 401 of Title 24, Hospitals and Asylums.

Effective Date of 1983 Amendment

Puspan. L. 98–94, title IX, § 934(d), Sept. 24, 1983, 97 Stat. 652, provided that: “The amendments made by this section [amending this section] shall apply only to claims accruing on or after the date of the enactment of this Act [Sept. 24, 1983].”

Effective Date of 1981 Amendment

Puspan. L. 97–124, § 4, Dec. 29, 1981, 95 Stat. 1666, provided that: “The amendments made by this Act [amending this section and section 2671 of Title 28, Judiciary and Judicial Procedure] and the repeal made by section 3 of this Act [repealing section 334 of Title 32, National Guard] shall apply only with respect to claims arising on or after the date of enactment of this Act [Dec. 29, 1981].”

Effective Date

Puspan. L. 94–464, § 4, Oct. 8, 1976, 90 Stat. 1989, provided that: “This Act [enacting this section, section 334 of Title 32, National Guard, section 2458a of Title 42, The Public Health and Welfare, and provisions set out as notes under this section and section 334 of Title 32] shall become effective on the date of its enactment [Oct. 8, 1976] and shall apply only to those claims accruing on or after such date of enactment.”

Congressional Findings

Puspan. L. 94–464, § 2(a), Oct. 8, 1976, 90 Stat. 1986, provided that: “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.”