
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
