5 1 against the United States under the provisions of this title 2 and all references thereto, and the United States shall be 3 substituted as the party defendent. After such substitution 4 the United States shall have available all defenses to which 5 it would have been entitled if the action had originally 6 been commenced against the United States under this chap7 ter and section 1346 (b). 8 "(d) (2) Upon certification by the Attorney General 9 that the defendant employee was acting within the scope 10 of his office or employment, or in claims arising under the 11 Constitution of the United States that the employee was 12 acting within the scope of his office or employment or under 13 the color thereof, at the time of the incident out of which 14 the suit arose any such civil action or proceeding commenced 15 in a State court shall be removed, without bond, at any time 16 before trial, by the Attorney General to the district court 17 of the United States of the district and division embracing 18 the place wherein it is pending and be deemed an action 19 brought against the United States under the provisions of 20 this title and all references thereto, and the United States 21 shall be substituted as the party defendant. After such 22 substitution the United States shall have available all 23 defenses to which it would have been entitled if the action 24 had originally been commenced against the United States 25 under this chapter and section 1346 (b). The certification 6 1 of the Attorney General shall conclusively establish scope 2 of office or employment and in claims arising under the 3 Constitution of the United States, acting under color of 4 office or employment for purposes of such initial removal. 5 Should a district court of the United States determine on a 6 hearing on a motion to remand held before trial on the merits. 7 that the employee defendant was not acting within the scope 8 of his office or employment, and in claims arising under 9 the Constitution of the United States, acting within the scope 10 of his office or employment or under color thereof, the case shall be remanded to the State court in which it was 12 initially filed. 11 13 "(d) (3) The provisions of this chapter and section 14 1346 (b) shall not apply in cases where the United States 15 has not waived its sovereign immunity under this chapter. 16 “(d) (4) Where an action or proceeding under this 17 chapter is precluded because of the availability of a remedy 18 through proceedings for compensation or other benefits from 19 the United States as provided by any other law, the action 20 or proceeding shall be dismissed, but in that event the run21 ning of any limitation of time for commencing, or filing an 22 application or claim in, such proceeding for compensation or 23 other benefits shall be deemed to have been suspended during 24 the pendency of the civil action or proceeding under this 25 chapter.". 7 1 SEC. 7. Section 2679 of title 28, United States Code, 2 is amended by adding a new subsection (f) as follows: 3 "(f) Where an action or proceeding under section 1346 4 (b) or 2672 arising under the Constitution of the United 5 States results in a judgment against the United States or an 6 award, compromise, or settlement paid by the United States, 7 the Attorney General shall forward the matter for such 8 further administrative investigation or disciplinary action as 9 may be appropriate to the head of the department or agency 10 by which the employee whose violation or act or omission 11 gave rise to the claims was employed.". 12 SEC. 8. Section 2680 (h) of title 28, United States 13 Code, is amended to read as follows: 14 "(h) Any claim arising out of libel, slander, misrepre15 sentation, deceit, or interference with contract rights.". 16 SEC. 9. (a) Subsections (a) through (d) of section 17 4116 of title 38, United States Code, are repealed, and 18 subsection (e) of that section is amended by deletion of the 19 designation "(e)", by deleting the words "person to whom 20 the immunity provisions of this section apply (as described 21 in subsection (a) of this section)," and inserting in lieu 22 thereof the words "employee of the Department of Medicine 23 and Surgery". 24 (b) Subsections (a) through (e) of section 224 of the 25 Public Health Service Act, as added by section 4 of the Act 26-729 O-78-4 1 of December 31, 1970, and renumbered (42 U.S.C. 233 2 (a) through (e)), are repealed, and subsection (f) is 3 amended by deletion of the designation " (f)". 4 (c) Subsections (a) through (e) of section 1091 of 5 the Foreign Service Act of 1946, as added by section 119 6 of the Act of July 12, 1976 (22 U.S.C. 817 (a) through 7 (e)) are repealed. 8 (d) Subsections (a) through (e) of section 1089, title 9 10, United States Code, are repealed. Subsection (f) is 10 amended by deleting the words "person described in sub11 section (a)" and inserting in lieu thereof the words "em12 ployee of the Armed Forces, the Department of Defense, or 13 the Central Intelligence Agency,". 14 (e) Subsections (a) through (e) of section 307 of the 15 National Aeronautics and Space Act of 1958, as added by 16 section 3 of the Act of October 8, 1976 (42 U.S.C. 2458a 17 (a) through (e)), are repealed, and subsection (f) is 18 amended by the deletion of the designation “(f)”, by the 19 deletion of the words "person described in subsection (a)" 20 and by the insertion in lieu thereof of the words "employee 21 of the National Aeronautics and Space Administration". 22 SEC. 10. Section 2520, title 18, United States Code, 23 shall not apply to civil causes of action against officers or 24 employees of the United States while acting within the scope |