the color thereof, at the time of the incident out of which the suit arose any such civil action or proceeding commenced 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. After such substitution the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States under this chapter and section 1346(b). .. (d) (2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment, or in claims arising under the Constitution of the United States that the employee was acting within the scope of his office or employment or under the color thereof, 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 of the district and division embracing the place wherein it is pending and be deemed an action 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. After such substitution the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States under this chapter and section 1346(b). The certification of the Attorney General shall conclusively establish scope of office or employment and in claims arising under the Constitution of the United States, acting under color of office or employment for on purposes of such initial removal. Should a district the employee defendant was not acting within the scope "(d) (3) The provisions of this chapter and section SEC. 7. Section 2679 of title 28, United States Code, is amended by adding a new subsection (f) as follows: "(f) Where an action or proceeding under section 1346 (b) or 2672 arising under the Constitution of the United States results in a judgment against the United States or an award, compromise or settlement paid by the United States, the Attorney General shall forward the matter for such further administrative investigation or disciplinary action as may be appropriate to the head of the department or agency by whichthe employee whose violation or act or omission gave rise to the claims was employed.". -6 SEC. 8. Section 2680(h) of title 28, United States Code, is amended to read as follows: *(h) Any claim arising out of libel, slander, misrepresentation, deceit, or interference with contract rights.". SEC. 9. (a) Subsections (a) through (d) of section 4116 of title 38, United States Code, are repealed, and subsection (e) of that section is amended by deletion of the designation "(e)", by deleting the words "person to whom the immunity provisions of this section apply (as described in subsection (a) of this section)," and inserting in lieu thereof the words "employee of the Department of Medicine and Surgery". (b) Subsections (a) through (e) of section 224 of the Public Health Service Act, as added by section 4 of the Act of December 31, 1970, and renumbered (42 U.S.C. 233 (a) through (e)), are repealed, and subsection (f) is amended by deletion of the designation (f)". (c) Subsections (a) through (e) of section 1091 of the Foreign Service Act of 1946, as added by section 119 of the Act of July 12, 1976 (22 U.S.C. 817(a) through (e)) are repealed. (d) Subsections (a) through (e) of section 1089, title 10, United States Code, are repealed. Subsection (f) is amended by deleting the words "person described in subsection (a)" and inserting in lieu thereof the words "employee of the armed forces, the Department of Defense, or the Central Intelligence Agency,". (e) Subsections (a) through (e) of section 307 of the National Aeronautics and Space Act of 1958, as added by section 3 of the Act of October 8, 1976 (42 U.S.C. 2458a (a) through (e)), are repealed, and subsection (f) is amended by the deletion of the designation "(f)", by the deletion of the words "person described in subsection (a)" and by the insertion 7 in lieu thereof of the words "employee of the National Aeronautics and Space Administration". SEC. 10. Section 2520, title 18, United States Code, shall not apply to civil causes of action against officers or employees of the United States while acting within the scope of their office or employment, or while acting under the color of such office or employment. SEC. 11. This Act shall apply to all claims and suits pending on the date of enactment or filed or accruing thereafter. 95TH CONGRESS 1ST SESSION COPY OF S. 2117 S. 2117 IN THE SENATE OF THE UNITED STATES SEPTEMBER 21, 1977 Mr. EASTLAND introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28 of the United States Code to provide for an exclusive remedy against the United States in suits based upon acts or omissions of United States employees, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 1346 (b) of title 28, United States Code, is 4 amended by striking the period at the end of the section 5 and adding the following: ", or where the claim sounding 6 in tort for money damages arises under the Constitution of 7 the United States when such employee of the Government 8 is acting within the scope of his office or employment, or un |