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
PL 87-258 (H.R.2883), enacted 09/21/1961

75 
S T A T . ] 
PUBLIC LAW 87-25 8-SEPT. 21, 1961 
539 
Public Law 87-258 
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 empk>yees 
arising out of their operation of motor vehicles in the scope of their eriploy-
ment, and for other purpostes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 2679 of 
title 28, United States Code, is amended (1) by inserting the subsec-
tion symbol "(a)" at the beginning thereof and (2) by adding imme-
diately 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 
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 
(he employee or his estate whose act or omission gave rise to the claim. 
"(c) The Attorney General shall defend any civil action or pro-
ceeding 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 des-
ignated 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 
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 
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 
effect six months after the enactment hereof but any rights or liabilities 
then existing shall not be affected. 
Approved September 21, 1961. 
September 2:1, 1961 
[H. R. 2883] 
Federal ennploy-
ees. 
C e r t a i n 
t o r t 
claims. 
62 Stat. 984. 
Exclusive n e s s 
of remedy. 
63 Stat. 62. 
A t t o r n e y Gen-
eral. 
Certification. 
Settlement. 
62 Stat. 934. 
Effective date.