(a) The remedy against the United States provided by sections
1346(b) and 2672 of title 28 for damages for injury or loss of
property caused by the negligent or wrongful act or omission of any
person who is an attorney, paralegal, or other member of a legal
staff within the Department of Defense (including the National
Guard while engaged in training or duty under section 316, 502,
503, 504, or 505 of title 32) or within the Coast Guard, in
connection with providing legal services while acting within the
scope of the person's duties or employment, is exclusive of any
other civil action or proceeding by reason of the same subject
matter against the person (or the estate of the person) whose act
or omission gave rise to such action or proceeding.
(b) The Attorney General shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) (or the estate of such person) for any such injury.
Any person against whom such a 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 such person (or an attested true copy thereof)
to such person's immediate superior or to whomever was designated
by the head of the agency concerned to receive such papers. Such
person shall promptly furnish copies of the pleading and process
(1) to the United States attorney for the district embracing
the place wherein the action or proceeding is brought;
(2) to the Attorney General; and
(3) to the head of the agency concerned.
(c) Upon a certification by the Attorney General that a person
described in subsection (a) was acting in the scope of such
person's duties or employment at the time of the incident out of
which the suit arose, any such civil action or proceeding commenced
in a State court -
(1) 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
(2) shall be deemed a tort action brought against the United
States under the provisions of title 28 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 (a) is not available against the United
States, the case shall be remanded to the State court.
(d) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided
in section 2677 of title 28, and with the same effect.
(e) For purposes of this section, the provisions of section
2680(h) of title 28 shall not apply to a cause of action arising
out of a negligent or wrongful act or omission in the provision of
(f) The head of the agency concerned may hold harmless or provide
liability insurance for any person described in subsection (a) for
damages for injury or loss of property caused by such person's
negligent or wrongful act or omission in the provision of
authorized legal assistance while acting within the scope of such
person's duties if such person is assigned to a foreign country or
detailed for service with an entity other than a Federal
department, agency, or instrumentality or if the circumstances are
such as are likely to preclude the remedies of third persons
against the United States described in section 1346(b) of title 28,
for such damage or injury.
(g) In this section, the term "head of the agency concerned"
means the Secretary of Defense, the Secretary of a military
department, or the Secretary of the department in which the Coast
Guard is operating, as appropriate.