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B-199413 1 (1980-08-11)

handle is hein.gao/gaobabjuy0001 and id is 1 raw text is: L.A~ .C -. .. . ... . ... .... .. .. .. . .... .. . COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 208 B-199413 August 11, 1980 The Honorable Claiborne Pell Chairman, Committee on Rules and Administration United States Senate Dear Mr. Chairman: You requested our5vews on Senate Resolution 463} 96th Congress. The Resolution sets forth a procedure for disposing df damage claims brought against the United States under the Federal Tort Claims Act which arise as a result of the actions of Members, officers or employees of the Senate. The resolution, if agreed to, would authorize the Sergeant at Arms of the Senate to determine, compromise, adjust, and settle tort claims with the approval of the Committee on Rules and Administration. The Committee could delegate all or part of its authority to the Chairman. Settlements on claims not exceeding $2,500 wuld be paid from the Senate's contingent fund on a voucher approved by the Chairman. You state that agreement to the Resolution would constitute the first official action taken by your Coiraittee and by the Senate predicated upon the proposition that the Federal Tort Claims Act is applicable to the legislative branch of the Federal government and therefore you would like our comments. The Federal Tort Claims Act applies to the legislative branch, in our view. We have held for some time that the Act's legislative history indicates that Congress intended to include all Federal employees within its operation except as enumerated in 28 U.S.C. § 2680. 35 Comp. Gen. I 511 (1956). In 26 Comp. Gen. 891 (1947) we held that the Library of Con- gress, a legislative establishment, was subject to the Act. In B-127343, December 15, 1976, we held that legislative branch employees are covered by the Act. We therefore concluded that Senate employees operating Senate- owned vehicles in the course of employment are protected against claims under the Act. Also two Federal district court cases support the view that the Federal Tort Claims Act applies to the legislative branch. McNamara v. United States, 199 F. Supp. 879 (D.D.C. 1961); see also McCrary v. United States 235 F. Supp. 33 (E.D. Tenn. 1964). We are not aware of any cases which hold otherwise. Neither the courts nor this office has determined whether a Member of Congress is covered by the Federal Tort Claims Act. The provisions of 28 U.S.C. 2671 (1976) define an employee of the government to in- clude officers or employees of any federal agency, * and persons Ai

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