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32 U.S.C. § 334 — Repealed. Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666]

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

32 U.S.C. § 334 — Repealed. Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666]

### Statutory Notes Section, added Pub. L. 94–464, § 2(b), Oct. 8, 1976, 90 Stat. 1986; amended Pub. L. 96–513, title V, § 515(3), Dec. 12, 1980, 94 Stat. 2937, provided for the payment of malpractice liability of National Guard Medical personnel. See sections 1089(a) of Title 10, Armed Forces, and 2671 of Title 28, Judiciary and Judicial Procedure. #### Amendment After Repeal Pub. L. 97–258, § 3(h)(1), Sept. 13, 1982, 96 Stat. 1065, purported to substitute “[section 1304 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304&num=0&edition=prelim)” for “section 1302 of the Act of July 27, 1956, ([31 U.S.C. 724a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section724a&num=0&edition=prelim))” in subsec. (a) of [section 334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section334&num=0&edition=prelim), without reference to the earlier repeal of that section by Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666. #### Effective Date of Repeal Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of Pub. L. 97–124, set out as an Effective Date of 1981 Amendment note under [section 1089 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1089&num=0&edition=prelim), Armed Forces.

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Source location: Title 32, Chapter 3, § 334; chapter-003-personnel.md

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

10 U.S.C. § 1089 — Defense of certain suits arising out of medical malpractice

**(a)** The remedy against the United States provided by sections 1346(b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful 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 armed forces, the National Guard while engaged in training or duty under section 316, 502, 503, 504, or 505 of title 32, the Department of Defense, the Armed Forces Retirement Home, 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. This subsection shall also apply to such a physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) serving under a personal services contract entered into under [section 1091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1091&num=0&edition=prelim) or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091. **(b)** The Attorney General shall defend any civil action or proceeding 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

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

31 U.S.C. § 1304 — Judgments, awards, and compromise settlements

**(a)** Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when— (1) payment is not otherwise provided for; (2) payment is certified by the Secretary of the Treasury; and (3) the judgment, award, or settlement is payable— (A) under section 2414, 2517, 2672, or 2677 of title 28; (B) under [section 3723 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3723&num=0&edition=prelim); (C) under a decision of a board of contract appeals; or (D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, [section 715 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section715&num=0&edition=prelim), or [section 20113 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20113&num=0&edition=prelim). **(b)** (1) Interest may be paid from the appropriation made by this section— (A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or (B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under [section 2516(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim), only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before t

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

32 U.S.C. § 334 — Untitled legal text

Page 30 TITLE 32—NATIONAL GUARD § 329 (c) WAIVER AUTHORITY.—(1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Sec- retary concerned, order a member of the Na- tional Guard to perform Active Guard and Re- serve duty for purposes of performing training of the regular components of the armed forces as the primary duty. (2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title. (3) No more than 100 personnel may be granted a waiver by a Secretary concerned under para- graph (1) at a time. (4) The authority under paragraph (1) shall terminate on October 1, 2024. (Added Pub. L. 109–364, div. A, title V, § 526(a), Oct. 17, 2006, 120 Stat. 2196; amended Pub. L. 117–263, div. A, title V, § 515(a), Dec. 23, 2022, 136 Stat. 2566.) Editorial Notes PRIOR PROVISIONS A prior section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related to special courts-martial of the Na- tional Guard not in Federal service, prior to repeal by Pub. L. 107–314, div. A, title V, § 512(c), Dec. 2, 2002, 116 Stat. 2537, applicable with respect to courts-martial convened after Dec. 2, 2002. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263 added subsec. (c). § 329. Prohibition on private funding for inter- state deployment A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under secti

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