(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 87–258, § 1,Sept. 21, 1961, 75 Stat. 539; Pub. L. 89–506, § 5(a),July 18, 1966, 80 Stat. 307; Pub. L. 100–694, §§ 5,
6,Nov. 18, 1988, 102 Stat. 4564.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 945 (Aug. 2, 1946, ch. 753, § 423,60 Stat. 846
Changes were made in phraseology.
Senate Revision Amendment
The catchline and text of this section were changed and the section was renumbered “2678” by Senate amendment. See 80th Congress Senate Report No. 1559.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d)(3), are set out in the Appendix to this title.
1988—Subsec. (b). Pub. L. 100–694
, § 5, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The remedy against the United States provided by sections
of this title for injury or loss of property or personal injury or 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.”
Subsec. (d). Pub. L. 100–694
, § 6, amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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.”
1966—Subsec. (b). Pub. L. 89–506
inserted reference to section
of this title and substituted “remedy” for “remedy by suit”.
1961—Pub. L. 87–258
designated existing provisions as subsec. (a) and added subsecs. (b) to (e).
Effective Date of 1988 Amendment
Section 8 ofPub. L. 100–694
“(a) General Rule.—This Act and the amendments made by this Act [enacting section
, Conservation, amending this section and sections
of this title, and enacting provisions set out as notes under this section and section
of this title] shall take effect on the date of the enactment of this Act [Nov. 18, 1988].
“(b) Applicability to Proceedings.—The amendments made by this Act [amending this section and sections
of this title] shall apply to all claims, civil actions, and proceedings pending on, or filed on or after, the date of the enactment of this Act.
“(c) Pending State Proceedings.—With respect to any civil action or proceeding pending in a State court to which the amendments made by this Act apply, and as to which the period for removal under section
, United States Code (as amended by section 6 of this Act), has expired, the Attorney General shall have 60 days after the date of the enactment of this Act during which to seek removal under such section
“(d) Claims Accruing Before Enactment.—With respect to any civil action or proceeding to which the amendments made by this Act apply in which the claim accrued before the date of the enactment of this Act, the period during which the claim shall be deemed to be timely presented under section
, United States Code (as amended by section 6 of this Act) shall be that period within which the claim could have been timely filed under applicable State law, but in no event shall such period exceed two years from the date of the enactment of this Act.”
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–506
applicable to claims accruing six months or more after July 18, 1966, see section 10 ofPub. L. 89–506
, set out as a note under section
of this title.
Effective Date of 1961 Amendment
Section 2 ofPub. L. 87–258
provided that: “The amendments made by this Act [amending this section] shall be deemed to be in effect six months after the enactment hereof [Sept. 21, 1961] but any rights or liabilities then existing shall not be affected.”