DEFENSE OF CERTAIN SUITS AGAINST FEDERAL EMPLOYEES:

[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]