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U.S. Code as of:
01/19/04
Section 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.
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