OPINION
WIDENER, Circuit Judge:Admiral Powell F. Carter, Jr., former Commander-in-Chief1 of the Atlantic Fleet, appeals from the district court’s decision denying his motion to substitute the United *1318States as the sole defendant under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (the Westfall Act).2 We reverse.
I.
On June 18, 1989, Admiral Carter’s daughter, Janeen Carter, visited her father at his home on the Norfolk Naval Base. When she left, her mother, Admiral Carter’s wife, Carole Carter, escorted her off the base. Janeen followed in her own vehicle. William D. Johnson, a police officer patrolman at the base, pulled over Janeen Carter for speeding.3 When Johnson requested base identification, Janeen produced a four-star placard. Carole Carter circled back behind Officer Johnson’s car and got out of her car. Johnson directed Mrs. Carter back to her car. He then gave Janeen Carter a warning and sent her on her way. Janeen proceeded off the base. Johnson then went to Mrs. Carter’s car and informed her that a warning had been issued to her daughter. According to Janeen and Mrs. Carter, Johnson was rude and intimidating to them during the stop. Upon her return home, Mrs. Carter told her husband what had happened and gave him the vehicle number of Officer Johnson’s car.
Admiral Carter, who had been concerned about the conduct of base police officers for some time, sought to identify the officer involved so that he could file a formal complaint concerning the incident. After unsuccessfully attempting to reach the Commander of the Naval Base and the Commanding Officer of the Naval Station, Carter phoned the duty petty officer of the Naval Station and asked that the duty officer, the patrolman involved and his supervisor from the Naval Base Security Force report to his quarters so that the Admiral could identify the patrolman.
Admiral Carter was working in the garden at his home when the three officers arrived at the Admiral’s house. Admiral Carter told Johnson’s supervisor, Major G.K. Maynard, that something needed to be done about the discourtesy of the base police. After Maynard identified Johnson as the patrolman in question, Admiral Carter related to Johnson his wife’s account of what had happened and asked Officer Johnson if he had been rude to Mrs. Carter and their daughter. Johnson replied, “No, sir.” According to Officer Johnson, Admiral Carter responded, “You are a liar.” The Admiral then directed Maynard to instruct Officer Johnson on how to properly conduct himself. Admiral Carter also informed Maynard that he intended to file a formal complaint against Johnson. The three officers were then dismissed.
The next- day, Admiral Carter lodged a formal complaint against Officer Johnson. The incident was reported in a local newspaper, the Virginian Pilot/Ledger Star. Admiral Carter made no statements to the newspaper and instructed his staff not to make any comments to the press. After an investigation, the Naval Base Security Force recommended and approved a two-day suspension for Johnson. Upon arbitration at Johnson’s instance, the disciplining of Johnson was affirmed, but the suspension was reduced to a letter warning.
In October 1989, Officer Johnson filed an action against Admiral Carter in the Circuit Court of the City of Norfolk, Virginia, seeking $500,000 in compensatory damages and $1,000,000 in punitive damages for slander, libel, insulting words, intentional infliction of emotional distress, and tortious interference with contractual and business *1319relations.4 Admiral Carter then moved to have the case removed to federal district court pursuant to 28 U.S.C. § 1442 and 28 U.S.C. § 2679(d)(2) and have the United States substituted as the sole defendant.5 The United States Attorney certified that Admiral Carter was acting within the scope of employment when the alleged torts occurred. The ease was removed to the United States District Court for the Eastern District of Virginia. The district court denied the motion to substitute the United States as the sole defendant. Admiral Carter filed a renewed motion to substitute the United States as the sole defendant. The district court treated this pleading as a motion for reconsideration and denied it. Admiral Carter sought and was granted a stay of the district court’s order pending resolution of the appeal.
On appeal, a divided panel of this court upheld the district court’s decision. Johnson v. Carter, 939 F.2d 180 (4th Cir.1991). We then granted rehearing en banc and vacated the panel opinion. Johnson v. Carter, 939 F.2d at 191. We now reverse.
II.
Admiral Carter argues that the United States should have been substituted as the sole defendant in the action pursuant to 28 U.S.C. § 2679(d)(1) (the Westfall Act).6 We agree. By the plain language of 28 U.S.C. § 2679(d)(2), no discretion is given to the district court. If the Attorney General certifies that the defendant employee was acting within the scope of his employment, “the United States shall be substituted as the party defendant.” 28 U.S.C. § 2679(d)(2) (emphasis added).
The Department of Justice, which once advocated that the Attorney General’s certification was conclusive, now takes the position that the certification of scope of office or employment is reviewable. It has apparently also taken an intermediate position. Nasuti v. Scannell, 906 F.2d 802, 812 (1st Cir.1990). The Circuits are divided regarding this issue. The First, Third, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits follow the course taken by the district court and do not give conclusive effect to the Attorney General’s determina*1320tion.7 These courts base their decisions, in part, on legislative history and what they perceive as ambiguity in the statute. 28 U.S.C. § 2679(d)(2), the portion of the West-fall Act dealing with cases commenced in the state courts, concludes by providing that “certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal.” There is no similar provision in 28 U.S.C. § 2679(d)(1), the portion of the Act dealing with cases commenced in the federal courts. Upon this claimed ambiguity,8 the court typically would then look to the legislative history and find that Congressman Frank, the Act’s sponsor, stated that “the plaintiff would still have the right to contest the certification if they [sic] thought the Attorney General were [sic] certifying without justification.” Legislation to Amend the Federal Tort Claims Act: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, 100th Cong., 2d Sess. 60, 128 (April 14, 1988), cited in Meridian Int’l Logistics, Inc. v. United States, 939 F.2d at 744. In addition, the court would rely upon a Department of Justice representative, Deputy Assistant Attorney General Robert Will-more, who appeared at a Congressional hearing and stated that “Chairman Frank is correct that a plaintiff can challenge that certification. So that would be reviewable by a court at some point, probably by a Federal District Court.” Legislation to Amend the Federal Tort Claims Act: Hearing, at 133, cited in S.J. & W. Ranch, Inc. v. Lehtinen, 913 F.2d at 1541. The Fifth and Tenth Circuits, however, follow Congress’s express language instead of the legislative history and give conclusive effect to the Attorney General's certification. See Mitchell v. Carlson, 896 F.2d 128 (5th Cir.1990); Aviles v. Lutz, 887 F.2d 1046 (10th Cir.1989).
We are of opinion that the district court erred in not giving conclusive effect to the Attorney General’s scope certification. We do not agree with the Department of Justice’s latest position and, with respect, with those courts which rely on legislative history in determining that the Attorney General’s scope certification is not conclusive. We are of opinion that “[legislative history is irrelevant to the interpretation of an unambiguous statute.” Davis v. Michigan Dep’t of Treasury, 489 U.S. 803, 808-09 n. 3, 109 S.Ct. 1500, 1504 n. 3, 103 L.Ed.2d 891 (1989). As we have recently stated,
Congress enacted [the statute], not its accompanying legislative reports. We have no authority to limit the scope of a clear statutory term by recourse to the views of a legislative subgroup.
In re Moore, 907 F.2d 1476, 1479 (4th Cir.1990). In the instant case, the language of the statute is clear and unambiguous. If the Attorney General certifies that the de*1321fendant employee was acting within the scope of his employment, “the United States shall be substituted as the party defendant.” 28 U.S.C. § 2679(d)(2) (emphasis added). That language, we suggest, is hardly ambiguous.
III.
In any event, even if the certification should not be conclusive in all cases (which we do not intimate), it must be treated as conclusive in a case such as this where a military officer is inquiring into a report to him concerning improper performance of duty. The manner in which Admiral Carter performed his duty should not be subject to review by a civil court under the Westfall Act upon proper certification, as here, and that is what the Westfall Act is all about. We are of opinion that it should be, and it is, entirely within the province of Congress to provide, as it has, that the employment of certain officers and servants of the United States, such as Admiral Carter, is of such importance to the nation that their acts within the scope of their office or employment are shielded from liability unless Congress has specifically provided otherwise. It is entirely within the province of Congress to provide that the certification of the Attorney General conclusively establishes not only the scope of office or employment for the purposes of removal but also conclusively establishes that “[u]pon certification” “such action” “shall be deemed to be an action ... brought against the United States.” 28 U.S.C. § 2679(d)(2). In addition, it is well within Congress’s power to provide, as it has, that “[a]ny other civil action or proceeding [except under § 1346(b) and § 2672] for money damages arising out of or relating to the same subject matter against the employee or the employee’s estate is precluded without regard to when the act or omission occurred.” 28 U.S.C. § 2679(b)(1).
An analogy close to home illustrates the point. 28 U.S.C. § 452 provides that the courts of the United States will always be in session.
There is hardly a lawyer who has not in practice applied for and received injunctive or other like extraordinary relief from a judge, state or federal, at his home, and not on the bench or in his office. The hour of the day or night does not make a difference, nor do Saturdays, Sundays, or holidays, as we all know. A judge, when at home, can issue an order of unquestionable validity. In Cunningham v. Neagle, 135 U.S. 1, 10 S.Ct. 658, 34 L.Ed. 55 (1890), the Supreme Court discussed the principle at issue here.
Important cases are often argued before the judge at any place convenient to the parties concerned, and a decision of the judge is arrived at by investigations made in his own room, wherever he may be, and it is idle to say that this is not as much the performance of judicial duty as the filing of the judgment with the clerk, and the announcement of the result in open court.
135 U.S. at 56, 10 S.Ct. at 665. The Court, without benefit of a statute, discharged from state custody the deputy marshal who was held on a state murder charge for killing an assailant apparently bent upon taking the life of Mr. Justice Field. The incident took place in a railroad restaurant for a train between Los Angeles and San Francisco while Mr. Justice Field was going from one place of holding court to another. But since, in the words of the Court, important cases may be decided in a judge’s “own room” wherever he may be and this, “in the performance of judicial duty”, the Court held that Mr. Justice Field was engaged in the discharge of his judicial duties, 135 U.S. at 58, 10 S.Ct. at 666, when the deputy marshal, who was charged with the duty of protecting and guarding the Justice, killed the assailant. 135 U.S. at 69, 10 S.Ct. at 670.
Clearly then, Admiral Carter, as an officer of the executive branch, can take precisely the same action as can officers of the judicial branch. Admiral Carter’s reprimand, which indisputably would have been valid if administered during the work week, in Admiral Carter’s office and pursuant to regulation, as the panel majority freely admits at 939 F.2d at 185, is not invalid *1322merely because it was administered in the Admiral’s garden at Norfolk Naval Base. A decision to the contrary would serve to hamstring one of the principal officers of the United States in the performance of his duty.
IV.
In any event (and again assuming that the scope of employment certification is reviewable, which we do not intimate), the district court erred in concluding that Admiral Carter’s actions were outside the scope of employment. The determination of whether an employee’s actions were within the scope of employment is to be determined according to the respondeat superior rules of the State, in this case Virginia, in which the alleged tort occurred. Williams v. United States, 350 U.S. 857, 76 S.Ct. 100, 100 L.Ed. 761 (1955) (per curiam); Brown v. Armstrong, 949 F.2d 1007, 1012 n. 7 (8th Cir.1991). In Virginia, once the employment relationship has been established (and it is conceded here), the party opposing a finding of respondeat superior has the burden of proving the employee was outside of the scope of employment when the incident occurred. See, e.g., Slaughter v. Valleydale Packers, Inc., 198 Va. 339, 343-44, 94 S.E.2d 260, 263-64 (1956); Alvey v. Butchkavitz, 196 Va. 447, 453, 84 S.E.2d 535, 539 (1954) (“We have repeatedly held that where the relationship of master and servant has been established the burden is on the master to prove that the servant was not acting within the scope of his employment when he committed the act complained of ... ”); Crowell v. Duncan, 145 Va. 489, 501, 134 S.E. 576, 579 (1926) (“Where it is doubtful whether a servant in injuring a third person was acting within the scope of his authority, the doubt will be resolved against the master_”). Admiral Carter established that he was employed by the United States. Therefore, the burden was on Johnson to prove that Admiral Carter’s actions were outside of the scope of employment. In not applying Virginia law as just stated, to place the burden of proof on Johnson, the district court erred.
In Virginia an act is deemed to be within the scope of employment if:
(1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and
(2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.”
Kensington Assoc. v. West, 234 Va. 430, 432, 362 S.E.2d 900, 901 (1987) (citations omitted).
It cannot be said from anything in this record that Admiral Carter’s summoning of a base police officer arose “wholly from some external, independent, and personal motive” on his part. Undisputed contemporaneous written records corroborate that Admiral Carter had previously and consistently expressed his displeasure with the conduct of the base police, and that he took action to remedy the situation. Upon taking command of the Atlantic Fleet, Admiral Carter became aware of problems with the quality of life of naval personnel on the bases around Norfolk and attempted to improve the situation. The conduct of the base police had been a concern of his for quite some time. As early as November 16, 1988, he expressed his concerns to Rear-Admiral Pappas about reports he had heard concerning rude conduct by base police. He expressed those concerns on numerous occasions. On November 22, 1988, Admiral Carter noted that Rear Admiral Pappas “[t]old me results [of] looking into discourtesy.... Stories on police hard to pin down. Not many H.L. complaints. People may feel its their word against police so its no use.” On February 2, 1989, Carter noted that he had told Pappas that “MG Doran USAF is another who has had probs w/police discourtesy to his guests on base. Realize many of police are great, but evidence is there are a few out of line. Need identify + correct.” (italics in origi*1323nal) Carter’s notes indicate an increasing level of frustration with the inability to correct the problems of police rudeness because of difficulties in identifying the personnel who were causing the problems. Therefore, it is not surprising that he took direct and immediate action when his wife was able to identify a policeman who had acted rudely.
The district court gave great weight to the fact that the incident occurred while Admiral Carter, dressed in civilian clothes, was working in his garden. Where and when Admiral Carter exercises his authority are of no moment, however. By Navy Regulations, Admiral Carter, while on active service, is “at all times subject to naval authority” and “may ... exercise authority over all persons who are subordinate to [him].” 32 C.F.R. § 700.811(a) (1990). Therefore, Admiral Carter had the authority to summon a base police officer at any time. If he so chose, Admiral Carter could direct movements of the Atlantic Fleet from his garden, dressed in civilian clothing. His attire and location do not determine whether his acts were within the scope of his authority. He patently had the authority to summon Johnson to his home and he exercised that authority.
The alleged tortious incident cannot be looked at in isolation from the context in which it occurred. As we stated in Wallen v. Domm, 700 F.2d 124 (4th Cir.1983), a pre-Westfall Act common law immunity case:
Few government authorities are authorized to commit torts as part of their line of duty, but to separate the activity that constitutes the wrong from its surrounding context — an otherwise proper exercise of authority — would effectively emasculate the immunity defense. Once the wrongful acts are excluded from an exercise of authority, only innocuous activity remains to which immunity would be available. Thus, the defense would apply only to conduct for which it is not needed.
700 F.2d at 126. We also made clear that “[application of the immunity is not affected by whether the injury was committed in good faith, negligently, or even intentionally.” 700 F.2d at 126.
The district court “found it incredible that the United States Attorney could make an affidavit that the words of the Admiral that the policeman who had stopped the Admiral’s daughter for speeding was ‘a liar,’ were words spoken while the Admiral was acting within the scope of his employment as an employee of the United States.” But the district court erroneously looked at the words spoken in isolation from the surrounding acts. As Wal-len makes clear, the appropriate question is, was the underlying conversation between Johnson and Admiral Carter “an otherwise proper exercise of authority” by Admiral Carter, not whether Admiral Carter spoke improperly during the conversation.
In Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959), the Supreme Court stated it is “the relation of the act complained of to ‘matters committed by law to his control or supervision’ — which must provide the guide in delineating the scope of the rule which clothes the official acts of the executive officer with immunity from civil defamation suits.” 360 U.S. at 573-74, 79 S.Ct. at 1341 (citation omitted). Control of the base policies was a matter committed by law to Admiral Carter’s control or supervision, therefore, his activities with respect to this were within the scope of his employment.
The district court also erred in holding that “to substitute the United States as the sole defendant, and to then dismiss thé plaintiff’s claims ... [would] completely ignore any semblence [sic] of constitutional ‘due process’ to the plaintiff on his claim of alleged slander and libel.”9 The Supreme *1324Court, in United States v. Smith, — U.S. -, 111 S.Ct. 1180, 113 L.Ed.2d 134 (1991), while it did not phrase its reasoning in constitutional terms, expressly rejected recovery on that very account and held that government employees are immunized from suit “even when an FTCA exception precludes recovery against the Government.” — U.S. at -, 111 S.Ct. at 1182.
This case involves much more than merely the construction of the federal statute and the Virginia law on scope of employment. It has to do with the ability and obligation of one of the principal officers of the United States to perform his duty unhampered by having to answer for the same in a civil court. No one can seriously contend that Admiral Carter would not have the authority to order the movement of ships and aircraft from the same garden involved here (which is owned by the government) at the Norfolk Naval Base at any hour of the day or night, on any day of the week, for, pursuant to Navy Regulations “while on active service” he might “exercise authority over all persons who are subordinate” to him. It is just as true that Admiral Carter had authority over the base policeman of Norfolk Naval Base who is involved in this case. This is not contested and is acknowledged in the decision of the district court. Since Admiral Carter had authority to control the base policeman in the performance of his (Admiral Carter’s) duty, then he had the authority to perform that duty other than in a manner entirely in accord with public sensibilities (even if the words charged were uttered, which is admitted for argument.)
We are of opinion and so hold that Admiral Carter was acting within the scope of employment when the incident occurred. The district court erred in holding to the contrary.
Accordingly, the decision of the district court appealed from must be reversed, and the case remanded with instructions to substitute the United States as the party defendant and then to enter judgment in the case in favor of the United States, it not having waived its sovereign immunity for this type of claim.
REVERSED AND REMANDED WITH INSTRUCTIONS.
. At all times relevant to this dispute, Admiral Carter was the Commander-in-Chief of the Atlantic Fleet. He retired in 1991.
. In addition, Admiral Carter appeals the district court's decision denying his motion to dismiss the case based on the military immunity doctrine set forth in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). Also, Admiral Carter raises on appeal the issue that the Civil Service Reform Act (CSRA) preempts state common law remedies for employment related activities such as this.
Because of our resolution of the Westfall Act issue, we do not decide the Feres or CSRA issues.
. According to Johnson, his radar equipment clocked Janeen Carter at 40 m.p.h. in a 25 *1319m.p.h. zone.
. Johnson subsequently reduced his claims to $60,000 in compensatory damages and $40,000 in punitive damages.
. A petition for removal was filed requesting removal under "Section 1442,” which was amended to claim removal under "Sections 1442a and 2679(d)(2)." Another motion moved for the substitution of the United States as the defendant instead of Admiral Carter.
. The Westfall Act provides in pertinent part:
(1) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.
(2) Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant. This certification of the Attorney General shall conclusively establish scope of office or employment for purpose of removal.
28 U.S.C. § 2679(d)(l, 2).
Congress passed the Westfall Act to change the rule set out in the Supreme Court's decision in Westfall v. Erwin, 484 U.S. 292, 108 S.Ct. 580, 98 L.Ed.2d 619 (1988). In Westfall, the Court held that the judicially created doctrine of official immunity did not provide blanket protection to government employees for torts committed in the scope of their employment. The Westfall Act grants immunity to government employees acting within the scope of their employment by requiring persons injured by them to substitute the government as the defendant. The remedy against the government is exclusive. Any other civil action or proceeding for money damages against the employee, arising out of or relating to the same subject matter with two exceptions not relevant here, is precluded. 28 U.S.C. § 2679(b).
. See Brown v. Armstrong, 949 F.2d 1007 (8th Cir.1991); Meridian Int'l Logistics, Inc. v. United States, 939 F.2d 740 (9th Cir.1991); Hamrick v. Franklin, 931 F.2d 1209 (7th Cir.1991), cert. denied, — U.S.-, 112 S.Ct. 200, 116 L.Ed.2d 159 (1991); S.J. & W. Ranch, Inc. v. Lehtinen, 913 F.2d 1538 (11th Cir.1990), modified, 924 F.2d 1555 (11th Cir.), cert. denied, — U.S.-, 112 S.Ct. 62, 116 L.Ed.2d 37 (1991); Melo v. Hafer, 912 F.2d 628 (3d Cir.1990), aff'd on other grounds, — U.S. -, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991); Nasuti v. Scanned, 906 F.2d 802 (1st Cir.1990); Arbour v. Jenkins, 903 F.2d 416 (6th Cir.1990).
Some of these courts believed there would be potential separation of powers problems if the Attorney General’s scope certification was given conclusive effect. We do not agree.
We have held that, over like objections, in ordinary circumstances, a reduction in sentence for assisting the government can only occur upon motion of the government as stated in the sentencing guidelines. United States v. Francois, 889 F.2d 1341 (4th Cir.1989), cert. denied, 494 U.S. 1085, 110 S.Ct. 1822, 108 L.Ed.2d 951 (1990). We found no separation of powers problem with vesting absolute discretion in the prosecutor in deciding whether to file a motion or not in the more compelling circumstance of assertion of a criminal defendant’s rights, so it follows that the same objection should be held without merit in the context of a civil case.
. A logical flaw in that reasoning is at once apparent. Section (d)(1) does not deal with removals, so it has nothing to do with cases filed in the state court. Also, cases filed in the federal courts, of course, require no removal. In the same vein, we do not agree with the reasoning of the court which found the "plain language” of § 2679 “comports" with non-re-viewability, Brown at 1011, but then found the statute ambiguous.
. The United States has not waived its sovereign immunity in defamation actions. Therefore, if the government is substituted as the sole defendant judgment must be entered against the plaintiff. 28 U.S.C. § 2620(h).
Smith, we note, was decided after the district court's decision.