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U.S. Code as of:
01/19/04
Section 2679. Exclusiveness of remedy
(a) The authority of any federal agency to sue and be sued in its
own name shall not be construed to authorize suits against such
federal agency on claims which are cognizable under section 1346(b)
of this title, and the remedies provided by this title in such
cases shall be exclusive.
(b)(1) The remedy against the United States provided by sections
1346(b) and 2672 of this title for injury or loss of property, or
personal injury or death arising or resulting from the negligent or
wrongful act or omission of any employee of the Government while
acting within the scope of his office or employment is exclusive of
any other civil action or proceeding for money damages by reason of
the same subject matter against the employee whose act or omission
gave rise to the claim or against the estate of such employee. Any
other civil action or proceeding for money damages arising out of
or relating to the same subject matter against the employee or the
employee's estate is precluded without regard to when the act or
omission occurred.
(2) Paragraph (1) does not extend or apply to a civil action
against an employee of the Government -
(A) which is brought for a violation of the Constitution of the
United States, or
(B) which is brought for a violation of a statute of the United
States under which such action against an individual is otherwise
authorized.
(c) The Attorney General shall defend any civil action or
proceeding 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)(1) Upon certification by the Attorney General that the
defendant employee was acting within the scope of his office or
employment at the time of the incident out of which the claim
arose, any civil action or proceeding commenced upon such claim in
a United States district court shall be deemed an action against
the United States under the provisions of this title and all
references thereto, and the United States shall be substituted as
the party defendant.
(2) Upon certification by the Attorney General that the defendant
employee was acting within the scope of his office or employment at
the time of the incident out of which the claim arose, any civil
action or proceeding commenced upon such claim 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 in which the action or
proceeding is pending. Such action or proceeding shall be deemed to
be an action or proceeding brought against the United States under
the provisions of this title and all references thereto, and the
United States shall be substituted as the party defendant. This
certification of the Attorney General shall conclusively establish
scope of office or employment for purposes of removal.
(3) In the event that the Attorney General has refused to certify
scope of office or employment under this section, the employee may
at any time before trial petition the court to find and certify
that the employee was acting within the scope of his office or
employment. Upon such certification by the court, such action or
proceeding shall be deemed to be an action or proceeding brought
against the United States under the provisions of this title and
all references thereto, and the United States shall be substituted
as the party defendant. A copy of the petition shall be served upon
the United States in accordance with the provisions of Rule 4(d)(4)
of the Federal Rules of Civil Procedure. In the event the petition
is filed in a civil action or proceeding pending in a State court,
the action or proceeding may be removed without bond by the
Attorney General to the district court of the United States for the
district and division embracing the place in which it is pending.
If, in considering the petition, the district court determines that
the employee was not acting within the scope of his office or
employment, the action or proceeding shall be remanded to the State
court.
(4) Upon certification, any action or proceeding subject to
paragraph (1), (2), or (3) shall proceed in the same manner as any
action against the United States filed pursuant to section 1346(b)
of this title and shall be subject to the limitations and
exceptions applicable to those actions.
(5) Whenever an action or proceeding in which the United States
is substituted as the party defendant under this subsection is
dismissed for failure first to present a claim pursuant to section
2675(a) of this title, such a claim shall be deemed to be timely
presented under section 2401(b) of this title if -
(A) the claim would have been timely had it been filed on the
date the underlying civil action was commenced, and
(B) the claim is presented to the appropriate Federal agency
within 60 days after dismissal of the civil action.
(e) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided
in section 2677, and with the same effect.
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