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22 U.S.C. § 2702 — Malpractice protection

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2702 — Malpractice protection

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Stable record: federal_law:legal_authorities:record_usc_9052e0726e2ddbc0f21a585a
Source file: Laws/federal/codes/united-states-code/title-22/section-2702-malpractice-protection--601d417320.md
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Source location: Title 22, Chapter 38, § 2702; chapter-038-department-of-state.md

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**(a) Exclusiveness of designated remedies** The remedy— (1) against the United States provided by sections 1346(b) and 2672 of title 28, 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 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, pharmacist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim. **(b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings** 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 may be 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. 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. **(c) Removal of actions; remand or dismissal; suspension of limitations** 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 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 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 remedy 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) Compromise or settlement of claims** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2677&num=0&edition=prelim), and with the same effect. **(e) Inapplicability of [section 2680(h) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2680/h&num=0&edition=prelim)** For purposes of this section, the provisions of [section 2680(h) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2680/h&num=0&edition=prelim), shall not apply to any tort enumerated therein arising out of negligence in the furnishing of medical care or related services, including the conducting of clinical studies or investigations. **(f) Holding harmless or providing for liability insurance** The Secretary may, to the extent he deems appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of subsection (a) of this section apply, for damages for personal injury, including death, negligently caused by any such person while acting within the scope of his or her office or employment and as a result of the furnishing of medical care or related services, including the conducting of clinical studies or investigations, if such person is assigned to a foreign area or detailed for service with other than a Federal agency or institution, or if the circumstances are such as are likely to preclude the remedies of third persons against the United States provided by sections 1346(b) and 2672 of title 28, for such damage or injury. **(g) Medical care or related service within scope of employment** For purposes of this section, any medical care or related service covered by this section and performed abroad by a covered person at the direction or with the approval of the United States chief of mission or other principal representative of the United States in the area shall be deemed to be within the scope of employment of the individual performing the service.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2677 — Compromise

The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), after the commencement of an action thereon.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2504 — Peace Corps volunteers

**(a) Persons eligible; terms and conditions of service; Federal employee status; racial, sex, religious, or color discrimination** The President may enroll in the Peace Corps for service abroad qualified citizens and nationals of the United States (referred to in this chapter as “volunteers”). The terms and conditions of the enrollment, training (including training under [section 2507a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2507a&num=0&edition=prelim)), compensation, hours of work, benefits, leave, termination, and all other terms and conditions of the service of volunteers shall be exclusively those set forth in this chapter and those consistent therewith which the President may prescribe; and, except as provided in this chapter, volunteers shall not be deemed officers or employees or otherwise in the service or employment of, or holding office under, the United States for any purpose. In carrying out this subsection, there shall be no discrimination against any person on account of race, sex, creed, or color. **(b) Living allowances, travel, leave and related items; transfers of supplies and equipment** Volunteers shall be provided with such living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the President may determine to be necessary for their maintenance and to insure their health and their capacity to serve effectively. Supplies or equipment provided volunteers to insure their capacity to serve effectively may be transferred to the government or to other entities of the country or area with which they have been serving, when no longer necessary for such purpose, and when such transfers would further the purposes of this chapter. Transportatio

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2504

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2509 — Presidential powers and authorities

**(a) Contract authority; assignment of volunteers; acceptance of voluntary services and gifts and transfers of property; personal service contracts** In furtherance of the purposes of this chapter, the President may— (1) enter into, perform, and modify contracts and agreements and otherwise cooperate with any agency of the United States Government or of any State or any subdivision thereof, other governments and departments and agencies thereof, and educational institutions, voluntary agencies, farm organizations, labor unions, and other organizations, individuals and firms; (2) assign volunteers in special cases to temporary duty with international organizations and agencies when the Secretary of State determines that such assignment would serve the purposes of this chapter; (3) assign volunteers to duty or otherwise make them available to any entity referred to in paragraph (1), in order to assist such organizations and agencies in providing development or other relief assistance to displaced persons and refugees in any country, if the government of the country agrees to such assignment; (4) accept in the name of the Peace Corps and employ or transfer in furtherance of the purposes of this chapter (A) voluntary services notwithstanding the provisions of [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), and (B) any money or property (real, personal or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise; and (5) contract with individuals for personal services abroad, and with aliens (abroad or within the United States) for personal services within the United States: Provided, That no such person shall be deemed an officer or employee or otherwise in the serv

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2509

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2702 — Malpractice protection

Page 1134 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2702 (A) dependents of members of the Armed Forces; or (B) dependents of employees of the Depart- ment of Defense. (Pub. L. 118–31, div. F, title LXII, § 6231, Dec. 22, 2023, 137 Stat. 983.) Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Department’’ as used in this sec- tion, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title. § 2702. Malpractice protection (a) Exclusiveness of designated remedies The remedy— (1) against the United States provided by sections 1346(b) and 2672 of title 28, or (2) through proceedings for compensation or other benefits from the United States as pro- vided 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, phar- macist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State in fur- nishing medical care or related services, includ- ing the conducting of clinical studies or inves- tigations, while in the exercise of his or her du- ties in or for the Department of State or any other Federal department, agency, or instru- mentality shall be exclusive of any other civil action or proceeding by reason of the same sub- ject matter against such physician, dentist, nurse, pharmacist, or paramedical or other sup- porting personnel (or his or her estate) whose act or omission gave rise to such claim. (b) Defense of civil actions by United States; de- livery of process; furnishing of copies of pleadings The United States Go

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2702

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