Notes on 28 U.S.C. § 2679 : US Code - Notes

Search Notes on 28 U.S.C. § 2679 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 87-258, Sec. 1,
Sept. 21, 1961, 75 Stat. 539; Pub. L. 89-506, Sec. 5(a), July 18,
1966, 80 Stat. 307; Pub. L. 100-694, Secs. 5, 6, Nov. 18, 1988, 102
Stat. 4564.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 945 (Aug. 2, 1946, ch.
753, Sec. 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.
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-694, Sec. 5, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "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, 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, Sec. 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
2672 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 of Pub. L. 100-694 provided that:
"(a) General Rule. - This Act and the amendments made by this Act
[enacting section 831c-2 of Title 16, Conservation, amending this
section and sections 2671 and 2674 of this title, and enacting
provisions set out as notes under this section and section 2671 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 2671 and 2674 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 2679(d) of title 28, 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 2679(d).
"(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 2679(d)(5) of title 28, 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 of Pub. L. 89-
506, set out as a note under section 2672 of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 2 of Pub. 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."