Sec. 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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