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28 U.S.C. § 2674 — Liability of United States
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2674-liability-of-united-states--6f44319436.md
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Source location: Title 28, Chapter 171, § 2674; chapter-171-tort-claims-procedure.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
In any judgment of any court rendered (whether against the United States, a collector or deputy collector of internal revenue, a former collector or deputy collector, or the personal representative in case of death) for any overpayment in respect of any internal-revenue tax, interest shall be allowed at the overpayment rate established under section 6621 of the Internal Revenue Code of 1986 upon the amount of the overpayment, from the date of the payment or collection thereof to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner of Internal Revenue. The Commissioner is authorized to tender by check payment of any such judgment, with interest as herein provided, at any time after such judgment becomes final, whether or not a claim for such payment has been duly filed, and such tender shall stop the running of interest, whether or not such refund check is accepted by the judgment creditor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under [section 1346(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), and the remedies provided by this title in such cases shall be exclusive.
**(b)**
(1) The remedy against the United States provided by sections 1346(b) and 2672 of this title 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 Government while acting within the scope of his office or employment is exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim or against the estate of such employee. Any other civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee’s estate is precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a civil action against an employee of the Government—
(A) which is brought for a violation of the Constitution of the United States, or
(B) which is brought for a violation of a statute of the United States under which such action against an individual is otherwise authorized.
**(c)** The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government or his estate for any such damage or injury. The employee against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge
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Federal law — U.S. Code and appendices · legal_authorities
Page 640
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2673
The phrase ‘‘accruing on and after January 1, 1945’’
was omitted because executed as of the date of the en-
actment of this revised title.
Changes were made in phraseology.
1949 ACT
This section corrects a typographical error in section
2672 of title 28, U.S.C.
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–552 inserted at end of first par.
‘‘Notwithstanding the proviso contained in the pre-
ceding sentence, any award, compromise, or settlement
may be effected without the prior written approval of
the Attorney General or his or her designee, to the ex-
tent that the Attorney General delegates to the head of
the agency the authority to make such award, com-
promise, or settlement. Such delegations may not ex-
ceed the authority delegated by the Attorney General
to the United States attorneys to settle claims for
money damages against the United States. Each Fed-
eral agency may use arbitration, or other alternative
means of dispute resolution under the provisions of
subchapter IV of chapter 5 of title 5, to settle any tort
claim against the United States, to the extent of the
agency’s authority to award, compromise, or settle
such claim without the prior written approval of the
Attorney General or his or her designee.’’
1966—Pub. L. 89–506 substituted ‘‘claims’’ for ‘‘claims
of $2,500 or less’’ in section catchline, authorized ad-
ministrative settlement of tort claims, in accordance
with regulations prescribed by the Attorney General, of
up to $25,000 and, with the prior written approval of the
Attorney General or his designee, in excess of $25,000,
inserted ‘‘compromise’’ and ‘‘settlement’’ to list of ad-
ministrative acts that would be final and conclusive on
all officers of the government
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