Veto of Bill Concerning the Defense of Suits Against federal Employees Operating Government Motor Vehicles

[Released June 13, 1960. Dated June 11, 1960]

To the House of Representatives:

I return herewith, without my approval, H.R. 7577, "To amend title 28, entitled 'Judiciary and Judicial Procedure', of the United States Code to provide for the defense of suits against federal employees arising out of their operation of motor vehicles in the scope of their employment, and for other purposes."

As originally introduced, this legislation provided that when a Government driver is sued in a state court on a claim resulting from his operation of a motor vehicle while acting within the scope of his employment, such action should be removed to the appropriate United States district court. There it would become an action against the United States under the federal Tort Claims Act and be the plaintiff's exclusive judicial remedy. Government drivers would thus cease to be defendants and would be relieved of personal liability in such cases. These are desirable objectives.

The bill was amended, however, to require the consent of the plaintiff before any such action could be removed to a federal court. This amendment is unfortunate, for any plaintiff, by refusing to give his consent, could prevent the conversion of the action to one under the federal Tort Claims Act and thus thwart the sound purposes of the original bill. The amendment also makes the bill inconsistent internally and could give rise to needless litigation.

Although unwilling, therefore, to approve this bill, I would gladly sign new legislation corresponding to H.R. 7577 as first passed by the House of Representatives.

DWIGHT D. EISENHOWER