2 U.S.C. § 1977 — Settlement and payment of tort claims

Page 441 TITLE 2—THE CONGRESS § 1977 1 So in original. The word ‘‘office’’ probably should be capital- ized. resentatives who holds a position in a House Leadership Office, including travel of the Member as part of a congressional delega- tion; and (B) the Sergeant at Arms of the House of Representatives gives prior approval to the travel of the member of the Capitol Police. (2) Definitions In this subsection— (A) the term ‘‘House Leadership office’’ 1 means an office of the House of Representa- tives for which the appropriation for salaries and expenses of the office for the year in- volved is provided under the heading ‘‘House Leadership Offices’’ in the act making ap- propriations for the Legislative Branch for the fiscal year involved; (B) the term ‘‘Member of the House of Rep- resentatives’’ includes a Delegate or Resi- dent Commissioner to the Congress; and (C) the term ‘‘United States’’ means each of the several States of the United States, the District of Columbia, and the territories and possessions of the United States. (b) Reimbursement from Sergeant at Arms (1) In general From amounts made available for salaries and expenses of the Office of the Sergeant at Arms of the House of Representatives, the Ser- geant at Arms of the House of Representatives shall reimburse the Capitol Police for the overtime pay, travel, and related expenses of any member of the Capitol Police who travels under the authority of this section. (2) Use of amounts received Any amounts received by the Capitol Police for reimbursements under paragraph (1) shall be credited to the accounts established for the general expenses or salaries of the Capitol Po- lice, and shall be available to carry out the purposes of such accounts during the fiscal year in which the amounts are received and the following fiscal year. (c) Effective date This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year. (Pub. L. 115–31, div. I, title I, § 110, May 5, 2017, 131 Stat. 575.) § 1976. Acceptance of donations of animals (a) In general The Capitol Police may accept the donation of animals to be used in the canine units of the Capitol Police. (b) Effective date This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, § 1005, Dec. 8, 2004, 118 Stat. 3180.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2005, which is div. G of the Consolidated Ap- propriations Act, 2005. § 1977. Settlement and payment of tort claims (a) Federal Tort Claims Act (1) In general Except as provided in paragraph (2), the Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney Gen- eral 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 act- ing within the scope of his office or employ- ment, 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) Special rule for claims made by Members of Congress and congressional employees (A) In general With respect to any claim described in paragraph (1) which is made by a Member of Congress or any officer or employee of Con- gress, the Chief of the Capitol Police shall— (i) not later than 14 days after the re- ceipt 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 re- ceipt 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) Extension 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 Po- lice. (C) Approval consistent with Federal Tort Claims Act Nothing in this paragraph may be con- strued to permit the Chairman of an applica- ble 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) Applicable Committee defined In this paragraph, the term ‘‘applicable Committee’’ means— (i) the Committee on Rules and Adminis- tration of the Senate, in the case of a claim of a Senator or an officer or em- ployee whose pay is disbursed by the Sec- retary of the Senate; or (ii) the Committee on House Administra- tion of the House of Representatives, in the case of a Member of the House of Rep- resentatives (including a Delegate or Resi- dent Commissioner to the Congress) or an officer or employee whose pay is disbursed Page 442 TITLE 2—THE CONGRESS § 1978 by the Chief Administrative Officer of the House of Representatives. (3) Head of agency 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) Regulations The Capitol Police Board may prescribe reg- ulations to carry out this subsection. (b) Claims of employees of Capitol Police (1) In general The Capitol Police Board may prescribe reg- ulations to apply the provisions of section 3721 of title 31 for the settlement and payment of a claim against the Capitol Police by an em- ployee of the Capitol Police for damage to, or loss of personal property incident to service. (2) Limitation No settlement and payment of a claim under regulations prescribed under this subsection may exceed the limits applicable to the settle- ment and payment of claims under section 3721 of title 31. (c) Rule of construction Nothing in this section may be construed to affect— (1) any payment under section 1304 of title 31 of a final judgment, award, compromise settle- ment, 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) Effective date This section shall apply to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, § 1006, Dec. 8, 2004, 118 Stat. 3180.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2005, which is div. G of the Consolidated Ap- propriations Act, 2005. § 1978. Deployment outside of jurisdiction (a) Requirements for prior notice and approval The Chief of the Capitol Police may not deploy any officer outside of the areas established by law for the jurisdiction of the Capitol Police un- less— (1) the Chief provides prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate of the costs anticipated to be incurred with respect to the deployment; and (2) the Capitol Police Board gives prior ap- proval to the deployment. (b) Exception for certain services Subsection (a) does not apply with respect to the deployment of any officer for any of the fol- lowing purposes: (1) Responding to an imminent threat or emergency. (2) Intelligence gathering. (3) Providing protective services. (c) Effective date This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year. (Pub. L. 108–447, div. G, title I, § 1007, Dec. 8, 2004, 118 Stat. 3182; Pub. L. 111–145, § 2(c), Mar. 4, 2010, 124 Stat. 51.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2005, which is div. G of the Consolidated Ap- propriations Act, 2005. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–145 substituted ‘‘prior notification to the Committee on House Administra- tion of the House of Representatives, the Committee on Rules and Administration of the Senate, and’’ for ‘‘prior notification to’’. § 1979. Release of security information (a) Definition In this section, the term ‘‘security informa- tion’’ means information that— (1) is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency pre- paredness and response relating to Congress, any statutory protectee of the Capitol Police, and the Capitol buildings and grounds; and (2) is obtained by, on behalf of, or concerning the Capitol Police Board, the Capitol Police, or any incident command relating to emer- gency response. (b) Authority of Board to determine conditions of release Notwithstanding any other provision of law, any security information in the possession of the Capitol Police may be released by the Cap- itol Police to another entity, including an indi- vidual, only if the Capitol Police Board deter- mines in consultation with other appropriate law enforcement officials, experts in security preparedness, and appropriate committees of Congress, that the release of the security infor- mation will not compromise the security and safety of the Capitol buildings and grounds or any individual whose protection and safety is under the jurisdiction of the Capitol Police. (c) Rule of construction Nothing in this section may be construed to affect the ability of the Senate and the House of Representatives (including any Member, officer, or committee of either House of Congress) to ob- tain information from the Capitol Police regard- ing the operations and activities of the Capitol Police that affect the Senate and House of Rep- resentatives. (d) Regulations The Capitol Police Board may promulgate reg- ulations to carry out this section, with the ap-