[Title 28 CFR 15]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 15 - DEFENSE OF CERTAIN SUITS AGAINST FEDERAL EMPLOYEES:]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseDEFENSE OF CERTAIN SUITS AGAINST FEDERAL EMPLOYEES:15PART 15JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
 PART 15--DEFENSE OF CERTAIN SUITS AGAINST FEDERAL EMPLOYEES: 

CERTIFICATION AND DEFENSE OF CERTAIN SUITS AGAINST PROGRAM PARTICIPANTS UNDER THE NATIONAL SWINE 
 FLU IMMUNIZATION PROGRAM OF 1976, AND CERTIFICATION AND DECERTIFICATION OF CERTAIN SUITS BASED UPON ACTS OR OMISSIONS OF CONTRACTORS IN CARRYING OUT AN ATOMIC 
WEAPONS TESTING PROGRAM UNDER A CONTRACT WITH THE UNITED STATES--Table of Contents




Sec.
15.1  Expeditious delivery of process and pleadings.
15.2  Providing data bearing upon scope of employment or program 
          participant status.
15.3  Removal and defense of suits.

Appendix to Part 15

    Authority: 5 U.S.C. 301; 10 U.S.C. 1089; 22 U.S.C. 817; 28 U.S.C. 
509, 510 and 2679; 38 U.S.C. 4116; 42 U.S.C. 233, 247b and 2458a, and 
the Department of Defense Authorization Act of 1985.

    Cross Reference: For Organization Statement, Civil Division, see 
subpart I of part 0 of this chapter.



Sec. 15.1  Expeditious delivery of process and pleadings.

    (a) Any Federal employee against whom a civil action or proceeding 
is brought for damages to property, or for personal injury or death, on 
account of the employee's operation of a motor vehicle in the scope of 
his office or employment with the Federal Government or on account of 
the employee's performance of medical care, treatment, or investigation 
in the scope of his office or employment with the Public Health Service 
or the Veterans Administration Department of Medicine and Surgery, the 
Department of State (including the Agency for International 
Development), the Armed Forces, the Department of Defense, the Central 
Intelligence Agency, or the National Aeronautics and Space 
Administration shall promptly deliver all process and pleadings served 
upon the employee, or an attested true copy thereof, to the employee's 
immediate superior or to whoever is designated by the head of the 
employee's department or agency to receive such papers. If the action is 
brought against an employee's estate this procedure shall apply to the 
employee's personal representative. In addition, upon the employee's 
receipt of such process or pleadings, or any prior information regarding 
the commencement of such a civil action or proceeding, he shall 
immediately so advise his superior or the designee thereof by telephone 
or telegraph. The superior or designee shall furnish the U.S. Attorney 
for the district embracing the place wherein the action or proceeding is 
brought and the Branch Director of the Torts Branch, Civil Division, 
Department of Justice, information concerning the commencement of such 
action or proceeding, and copies of all process and pleadings therein.
    (b) Any program participant as that term is defined in 42 U.S.C. 
247b(k)(2)(B) against whom a civil action or proceeding is brought for 
damages for personal injury or wrongful death on account of the 
administration of swine flu vaccine under the National Swine Flu 
Immunization Program of 1976 (or the personal representative or 
successor of such program participant, if the action is brought against 
the estate or successor of such program participant) shall promptly 
deliver all process and pleadings served upon such program participant, 
or an attested true copy thereof, to the Branch Director, Torts Branch, 
Civil Division, U.S. Department of Justice, Washington, DC 20530, and to 
the Department Claims Officer, Office of the General Counsel, Department 
of Health, Education and Welfare, Washington, DC 20201. The Branch 
Director shall promptly furnish copies of the papers to the U.S. 
Attorney for the district embracing the place wherein the action or 
proceeding is brought.
    (c) Any person against whom an action for injury, loss of property, 
personal injury, or death has been brought due to exposure to radiation 
based on acts or omissions by a contractor, as defined in section 
1631(d) of the Department of Defense Authorization Act of 1985, in 
carrying out an atomic weapons testing program under a contract with the 
United States, shall promptly

[[Page 261]]

deliver all process and pleadings served upon such person, or an 
attested true copy thereof, to the Branch Director, Torts Branch, Civil 
Division, U.S. Department of Justice, Washington, DC 20530.

[42 FR 15409, Mar. 22, 1977; 42 FR 17111, Mar. 31, 1977, as amended at 
46 FR 52355, Oct. 27, 1981; Order No. 1074-84, 49 FR 44995, Nov. 14, 
1984]



Sec. 15.2  Providing data bearing upon scope of employment or program participant status.

    (a) The employee's employing Federal agency shall submit a report 
containing all data bearing upon the question whether the employee was 
acting within the scope of his office or employment with the Federal 
Government, at the time of the incident out of which the suit arose, to 
the United States Attorney for the district embracing the place wherein 
the civil action or proceeding is brought, with a copy of the report to 
the Branch Director of the Torts Branch, Civil Division, Department of 
Justice, at the earliest possible date, or within such time as shall be 
fixed by the U.S. Attorney upon request.
    (b) A program participant as that term is defined in 42 U.S.C. 
247b(k)(2)(B) shall deliver all information in the participant's 
possession or reasonably available to the participant concerning the 
participant's status as a program participant to the Branch Director, 
Torts Branch, Civil Division, U.S. Department of Justice, Washington, DC 
20530, upon request and within such time as shall be fixed.
    (c) A person against whom an action has been brought for injury, 
loss of property, personal injury, or death due to exposure to radiation 
based on acts or omissions by a contractor, as defined in section 
1631(d) of the Department of Defense Authorization Act of 1985, in 
carrying out an atomic weapons testing program under a contract with the 
United States, shall deliver all information in the person's possession 
or reasonably available to the person concerning (1) the person's status 
as a contractor within the meaning of section 1631(d) of the Department 
of Defense Authorization Act of 1985; (2) the relation, if any, of the 
civil action or injury, loss of property, personal injury, or death due 
to exposure to radiation to acts or omissions by a contractor in 
carrying out an atomic weapons testing program under a contract with the 
United States; and (3) the subject matter of the action to the Branch 
Director, Torts Branch, Civil Division, U.S. Department of Justice, 
Washington, DC 20530, upon request within such time as shall be fixed 
and shall cooperate with the Justice Department in defense of said 
action upon request following certification of an action pursuant to 
section 1631(b) of the Department of Defense Authorization Act of 1985.

[Order No. 254-61, 26 FR 11420, Dec. 2, 1961, as amended at 42 FR 15410, 
Mar. 22, 1977; Order No. 960-81, 46 FR 52355, Oct. 27, 1981; Order No. 
1074-84, 49 FR 44995, Nov. 14, 1984]



Sec. 15.3  Removal and defense of suits.

    (a) The U.S. Attorneys are authorized to make the certifications 
provided for in 10 U.S.C. 1089(c), 22 U.S.C. 817(c), 28 U.S.C. 2679(d), 
38 U.S.C. 4116(c), and 42 U.S.C. 233(c) and 2458a(c) with respect to 
civil actions or proceedings brought against Federal employees in their 
respective districts. Such a certification may be withdrawn if a further 
evaluation of the relevant facts or the consideration of new or 
additional evidence calls for such action. The making, withholding, or 
withdrawing of certifications, and the removal and defense of, or the 
refusal to remove and defend, such civil actions or proceedings by the 
U.S. Attorneys shall be subject to the instructions and supervision of 
the Assistant Attorney General in charge of the Civil Division.
    (b) The Assistant Attorney General in charge of the Civil Division 
is authorized:
    (1) To make the certification provided for in 42 U.S.C. 247b(k)(5) 
with respect to civil actions or proceedings brought against program 
participants in various courts of law;
    (2) To withdraw that certification if further evaluation of the 
relevant facts or the consideration of new or additional evidence calls 
for such action;
    (3) To move to revoke such certification pursuant to 42 U.S.C. 
247b(k)(6) should the facts warrant; and

[[Page 262]]

    (4) To redelegate to subordinate division officials the authority 
delegated by this paragraph, provided that such redelegation shall be in 
writing and shall be approved by the Associate Attorney General before 
becoming effective.
    (c) The Assistant Attorney General in charge of the Civil Division 
is authorized:
    (1) To make the certification provided for in section 1631(b) of the 
Department of Defense Authorization Act of 1985, with respect to civil 
actions or proceedings brought against persons for injury, loss of 
property, personal injury or death due to exposure to radiation based on 
acts or omissions by a contractor, as defined in section 1631(d) of the 
Department of Defense Authorization Act of 1985, in carrying out an 
atomic weapons testing program under a contract with the United States 
in any court or other tribunal;
    (2) To withdraw that certification if further evaluation of the 
relevant facts or the consideration of new or additional information 
calls for such action, in the exercise of his sole discretion; and
    (3) To redelegate to subordinate Division officials the authority 
delegated by this paragraph, provided that such redelegation shall be in 
writing and shall be approved by me before becoming effective.

[42 FR 15410, Mar. 22, 1977, as amended by Order No. 1074-84, 49 FR 
44995, Nov. 14, 1984]

                           Appendix to Part 15

                             Civil Division

                          [Directive No. 90-77]

    Editorial Note: At 44 FR 9379, Feb. 13, 1979, Civil Division, 
Directive No. 90-77 was revoked.

 Delegation of Authority of the Assistant Attorney General of the Civil 
Division To Make Certifications, To Withdraw Certifications, and To File 
                           Appropriate Motions

                             Civil Division

                          [Directive No. 90-79]

    1. By virtue of the authority vested in me by part 15 of title 28 of 
the Code of Federal Regulations, particularly Sec. 15.3(b), it is hereby 
ordered as follows:
    2. The authority delegated to the Assistant Attorney General in 
charge of the Civil Division to make the certifications provided for in 
10 U.S.C. 1089(c), 22 U.S.C. 817(c), 28 U.S.C. 2679(d), 38 U.S.C. 
4116(c), and 42 U.S.C. 233(c) and 2458a(c) with respect to civil actions 
or proceedings brought against Federal employees and to certify the 
status of program participants under the National Swine Flu Immunization 
Program of 1976, as that term is defined in 42 U.S.C. 247b(k)(2)(B), and 
as required under 42 U.S.C. 247b(k)(4)-(5), is hereby delegated to any 
Deputy Assistant Attorney General of the Civil Division and to any 
Director of the Torts Branch, any one of whom may individually exercise 
the authority in any given instance. This delegation also includes the 
authority to withdraw the certification and file appropriate motions as 
set forth in Sec. 15.3(b) of title 28 of the Code of Federal 
Regulations.
    3. Civil Division Directive No. 90-77 is hereby revoked.

[44 FR 9379, Feb. 13, 1979]