28 U.S. Code § 2674 - Liability of United States

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof.
With respect to any claim under this chapter, the United States shall be entitled to assert any defense based upon judicial or legislative immunity which otherwise would have been available to the employee of the United States whose act or omission gave rise to the claim, as well as any other defenses to which the United States is entitled.
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.

Source

(June 25, 1948, ch. 646, 62 Stat. 983; Pub. L. 100–694, §§ 4, 9(c),Nov. 18, 1988, 102 Stat. 4564, 4567.)
Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 931(a) (Aug. 2, 1946, ch. 753, § 410(a),60 Stat. 843).
Section constitutes the liability provisions in the second sentence of section 931(a) of title 28, U.S.C., 1940 ed.
Other provisions of section 931(a) of title 28, U.S.C., 1940 ed., are incorporated in sections 1346 (b), 1402, 2402, 2411, and 2412 of this title, but the provision of such section 931(a) that the United States shall not be liable for interest prior to judgment was omitted as unnecessary in view of section 2411 of this title, which provides that interest on judgments against the United States shall be computed from the date of judgment. Such section 2411 is made applicable to tort-claim actions by section 932 of title 28, U.S.C., 1940 ed.
Changes were made in phraseology.
Senate Revision Amendment

For Senate amendment to this section, see 80th Congress Senate Report No. 1559, amendment No. 60.
Amendments

1988—Pub. L. 100–694inserted two pars. at end entitling the United States and the Tennessee Valley Authority to assert any defense based upon judicial or legislative immunity.
Effective Date of 1988 Amendment

Amendment by Pub. L. 100–694effective 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 ofPub. L. 100–694set out as a note under section 2679 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

22 CFR - Foreign Relations

22 CFR Part 511 - FEDERAL TORT CLAIMS PROCEDURE

28 CFR - Judicial Administration

28 CFR Part 543 - LEGAL MATTERS

32 CFR - National Defense

32 CFR Part 536 - CLAIMS AGAINST THE UNITED STATES

32 CFR Part 842 - ADMINISTRATIVE CLAIMS

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

39 CFR - Postal Service

39 CFR Part 912 - PROCEDURES TO ADJUDICATE CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE OPERATION OF THE U.S. POSTAL SERVICE

43 CFR - Public Lands: Interior

43 CFR Part 22 - ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES

 

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