Page:United States Statutes at Large Volume 102 Part 5.djvu/561

 PUBLIC LAW 100-694—NOV. 18, 1988

102 STAT. 4567

(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. (c) RETENTION OF DEFENSES.—Section 2674 of title 28, United States Code, is amended by adding at the end thereof the following new paragraph: "With respect to any claim to which this section applies, the Tennessee Valley Authority shall be entitled to assert any defense which otherwise would have been available to the employee based upon judicial or legislative immunity, which otherwise would have been available to the employee of the Tennessee Valley Authority whose act or omission gave rise to the claim as well as any other defenses to which the Tennessee Valley Authority is entitled under this chapter.". Approved November 18, 1988.

LEGISLATIVE HISTORY—H.R. 4612 (S. 2500): HOUSE REPORTS: No. 100-700 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 134 (1988): June 27, 28, considered and passed House. Oct. 12, considered and passed Senate, amended. Oct. 20, House concurred in Senate amendment.

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