Volume 75 · 539
Public Law 87–258
To amend title 28, entitled “Judiciary and Judicial Procedure”, of the United States Code to provide for the defense of suits against Federal employees arising out of their operation of motor vehicles in the scope of their employment, and for other purposes.
Approved September 21, 1961
Statutory text
AN ACT
To amend title 28, entitled “Judiciary and Judicial Procedure”, of the United States Code to provide for the defense of suits against Federal employees arising out of their operation of motor vehicles in the scope of their employment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2679 of
Federal employees.
Certain tort claims.
title 28, United States Code, is amended (1) by inserting the subsection symbol “(a)” at the beginning thereof and (2) by adding immediately following such subsection (a) as hereby so designated, four new subsections as follows:
“(b) The remedy by suit against the United States as provided by
Exclusiveness of remedy.
section 1346(b) of this title for damage to property or for personal injury, including death, resulting from the operation by any employee of the Government of any motor vehicle while acting within the scope of his office or employment, shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim.
“(c) The Attorney General shall defend any civil action or proceeding
Attorney General.
brought in any court against any employee of the Government or his estate for any such damage or injury. The employee 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 him or an attested true copy thereof to his immediate superior or to whomever was designated by the head of his department to receive such papers and such person shall promptly furnish copies of the pleadings 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 head of his employing Federal agency.
“(d) Upon a certification by the Attorney General that the defendant
Certification.
employee was acting within the scope of his 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 for the district and division embracing the place wherein it is pending and the proceedings deemed a tort action brought against the United States under the provisions of this title 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 (b) of this section is not available against the United States, the case shall be remanded to the State court.
“(e) The Attorney General may compromise or settle any claim
Settlement.
asserted in such civil action or proceeding in the manner provided in section 2677, and with the same effect.”
Sec. 2.
The amendments made by this Act shall be deemed to be in
Effective date.
effect six months after the enactment hereof but any rights or liabilities then existing shall not be affected.
Approved September 21, 1961.