JM 4-5.630
United States Attorneys , or their designated civil chiefs or first assistants, are authorized to make the certification 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), in order to substitute the United States as defendant in place of federal employees acting within the scope of their federal employment who have been sued under state tort law. See 28 C.F.R. § 15.4. In community health center cases, certification and removal should be done exclusive under 42 U.S.C. § 233.
[updated April 2018