§1977 — Title 2 The Congress | U.S. Code

Summary

The Chief of the Capitol Police may handle and settle money claims against the United States when a Capitol Police employee, while doing their job, causes injury, death, or property loss through a negligent or wrongful act. The Chief must follow rules set by the Attorney General, the Capitol Police Board, and chapter 171 of title 28, and use the law of the place where the incident happened. If the claim is made by a Member of Congress or a congressional officer or employee, the Chief must tell the Chairman of the applicable Committee within 14 days and must send a settlement proposal within 90 days. The Chairman can extend that 90-day time by up to another 90 days for good cause if the Chief asks. The Chairman cannot approve anything that conflicts with chapter 171 of title 28. For section 2672 of title 28, the Chief is treated as the head of a federal agency for the Capitol Police. The Capitol Police Board may make rules to carry out these duties, may apply section 3721 of title 31 for employee personal-property claims (within its limits), and this does not change payments or authorities under sections 1304 (title 31), 1414, or 1415. These rules apply starting in fiscal year 2005 and after.

Title 2, §1977

The Congress — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), the Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney General and any regulations as the Capitol Police Board may prescribe, may consider, ascertain, determine, compromise, adjust, and settle, in accordance with the provisions of chapter 171 of title 28, any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Capitol Police while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

(2)(A)With respect to any claim described in paragraph (1) which is made by a Member of Congress or any officer or employee of Congress, the Chief of the Capitol Police shall—

(i)not later than 14 days after the receipt of such a claim, notify the Chairman of the applicable Committee of the receipt of the claim; and

(ii)not later than 90 days after the receipt of such a claim, submit a proposal for the resolution of such claim which shall be subject to the approval of the Chairman of the applicable Committee.

(B)The 90-day period in subparagraph (A)(ii) may be extended for an additional period (not to exceed 90 days) for good cause by the Chairman of the applicable Committee, upon the request of the Chief of the Capitol Police.

(C)Nothing in this paragraph may be construed to permit the Chairman of an applicable Committee to approve a proposal for the resolution of a claim described in paragraph (1) which is not consistent with the terms and conditions applicable under chapter 171 of title 28 to the resolution of claims for money damages against the United States.

(D)In this paragraph, the term “applicable Committee” means—

(i)the Committee on Rules and Administration of the Senate, in the case of a claim of a Senator or an officer or employee whose pay is disbursed by the Secretary of the Senate; or

(ii)the Committee on House Administration of the House of Representatives, in the case of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives.

(3)For purposes of section 2672 of title 28, the Chief of the Capitol Police shall be the head of a Federal agency with respect to the Capitol Police.

(4)The Capitol Police Board may prescribe regulations to carry out this subsection.

(b)(1)The Capitol Police Board may prescribe regulations to apply the provisions of section 3721 of title 31 for the settlement and payment of a claim against the Capitol Police by an employee of the Capitol Police for damage to, or loss of personal property incident to service.

(2)No settlement and payment of a claim under regulations prescribed under this subsection may exceed the limits applicable to the settlement and payment of claims under section 3721 of title 31.

(c)Nothing in this section may be construed to affect—

(1)any payment under section 1304 of title 31 of a final judgment, award, compromise settlement, and interest and costs specified in the judgment based on a claim against the Capitol Police; or

(2)any authority for any—

(A)settlement under section 1414 of this title, or

(B)payment under section 1415 of this title.

(d)This section shall apply to fiscal year 2005 and each fiscal year thereafter.

Editorial Notes

Codification Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

§1977 Settlement and payment of tort claims

Summary

Title 2, §1977

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Editorial Notes

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