§ 831c-2. — Civil actions for injury or loss of property or personal injury or death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC831c-2]
TITLE 16--CONSERVATION
CHAPTER 12A--TENNESSEE VALLEY AUTHORITY
Sec. 831c-2. Civil actions for injury or loss of property or
personal injury or death
(a) Exclusiveness of remedy
(1) An action against the Tennessee Valley Authority for injury or
loss of property, or personal injury or death arising or resulting from
the negligent or wrongful act or omission of any employee of the
Tennessee Valley Authority while acting within the scope of this office
or employment is exlusive \1\ of any other civil action or proceeding by
reason of the same subject matter against the employee or his estate
whose act or omission gave rise to the claim. Any other civil action or
proceeding arising out of or relating to the same subject matter against
the employee or his estate is precluded without regard to when the act
or omission occurred.
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\1\ So in original. Probably should be ``exclusive''.
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(2) Paragraph (1) does not extend or apply to a cognizable action
against an employee of the Tennessee Valley Authority for money damages
for a violation of the Constitution of the United States.
(b) Representation and removal
(1) Upon certification by the Tennessee Valley Authority 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 heretofore or hereafter commenced upon such
claim in a United States district court shall be deemed an action
against the Tennessee Valley Authority pursuant to 16 U.S.C. 831c(b) and
the Tennessee Valley Authority shall be substituted as the party
defendant.
(2) Upon certification by the Tennessee Valley Authority 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 Tennessee
Valley Authority to the district court of the United States for the
district and division embracing the place wherein it is pending. Such
action shall be deemed an action brought against the Tennessee Valley
Authority under the provisions of this title \2\ and all references
thereto, and the Tennessee Valley Authority shall be substituted as the
party defendant. This certification of the Tennessee Valley Authority
shall conclusively establish scope of office or employment for purposes
of removal.
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\2\ See References in Text note below.
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(3) In the event that the Tennessee Valley Authority has refused to
certify scope of office or employment under this section, the employee
may at any time before trial petition the court to find and certify that
the employee was acting within the scope of his office or employment.
Upon such certification by the court, such action shall be deemed an
action brought against the Tennessee Valley Authority, and the Tennessee
Valley Authority shall be substituted as the party defendant. A copy of
the petition shall be served upon the Tennessee Valley Authority in
accordance with the Federal Rules of Civil Procedure. In the event the
petition is filed in a civil action or proceeding pending in a State
court, the action or proceeding may be removed without bond by the
Tennessee Valley Authority to the district court of the United States
for the district and division embracing the place in which it is
pending. If, in considering the petition, the district court determines
that the employee was not acting within the scope of his office or
employment, the action or proceeding shall be remanded to the State
court.
(4) Upon certification, any actions subject to paragraph (1), (2),
or (3) shall proceed in the same manner as any action against the
Tennessee Valley Authority and shall be subject to the limitations and
exceptions applicable to those actions.
(Pub. L. 100-694, Sec. 9(a), (b), Nov. 18, 1988, 102 Stat. 4566.)
References in Text
This title, referred to in subsec. (b)(2), probably should be this
section, as Pub. L. 100-694, which enacted this section, did not contain
titles.
The Federal Rules of Civil Procedure, referred to in subsec. (b)(3),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Codification
Section was enacted as part of the Federal Employees Liability
Reform and Tort Compensation Act of 1988, and not as part of the
Tennessee Valley Authority Act of 1933, which comprises this chapter.
Effective Date
Section effective Nov. 18, 1988, and applicable to all claims, civil
actions, and proceedings pending on, or filed on or after Nov. 18, 1988,
see section 8 of Pub. L. 100-694, set out as an Effective Date of 1988
Amendment note under section 2679 of Title 28, Judiciary and Judicial
Procedure.
