§ 2674. — Liability of United States.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2674]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 171--TORT CLAIMS PROCEDURE
Sec. 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.
(June 25, 1948, ch. 646, 62 Stat. 983; Pub. L. 100-694, Secs. 4, 9(c),
Nov. 18, 1988, 102 Stat. 4564, 4567.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 931(a) (Aug. 2, 1946, ch.
753, Sec. 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. 100-694 inserted 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. 100-694 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 a note
under section 2679 of this title.
Section Referred to in Other Sections
This section is referred to in title 5 section 8477; title 8 section
1357.
