§ 1089.
(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 or a subcontract at any tier under such a contract that is authorized in accordance with the requirements of such section 1091.
(g)
In this section, the term “head of the agency concerned” means—
(1)
the Director of the Central Intelligence Agency, in the case of an employee of the Central Intelligence Agency;
(2)
the Secretary of Homeland Security, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy;
(3)
the Chief Operating Officer of the Armed Forces Retirement Home, in the case of an employee of the Armed Forces Retirement Home; and
(4)
the Secretary of Defense, in all other cases.
(Added [Pub. L. 94–464, § 1(a)], Oct. 8, 1976, [90 Stat. 1985]; amended [Pub. L. 97–124, § 2], Dec. 29, 1981, [95 Stat. 1666]; [Pub. L. 98–94, title IX, § 934(a)]–(c), Sept. 24, 1983, [97 Stat. 651], 652; [Pub. L. 100–180, div. A, title XII, § 1231(18)(A)], Dec. 4, 1987, [101 Stat. 1161]; [Pub. L. 101–510, div. A, title XV, § 1533(a)(1)], Nov. 5, 1990, [104 Stat. 1733]; [Pub. L. 105–85, div. A, title VII, § 736(b)], Nov. 18, 1997, [111 Stat. 1814]; [Pub. L. 107–296, title XVII, § 1704(b)(1)], Nov. 25, 2002, [116 Stat. 2314]; [Pub. L. 110–181, div. A, title IX, § 931(b)(3)], Jan. 28, 2008, [122 Stat. 285]; [Pub. L. 112–81, div. A, title V, § 567(b)(2)(A)], Dec. 31, 2011, [125 Stat. 1425]; [Pub. L. 112–239, div. A, title VII, § 713(a)], Jan. 2, 2013, [126 Stat. 1803].)