Settlement of Claims Arising from the Negligent or Tortious Acts of Members, Officers, and Employees of the Senate

There is no objection to a proposed Senate resolution concerning the settlement of claims arising out of the negligence or tortious acts of members, officers, and employees of the Senate. The resolution would clearly provide that settlement of such claims should be made by the Sergeant at Arms. The Federal Tort Claims Act waived the immunity of the United States from suits arising out of the negligent or tortious acts of government employees committed within the scope of their office or employment. In a decision issued in 1976, GAO concluded that, although the Senate would not ordinarily be characterized as a federal agency, its employees were employees of the United States, and there appeared to be no reason for excluding them from the operation of this act. This same decision examined the question of where responsibility for the administrative adjustment of claims with regard to Senate employees would reside; it concluded that settlement could be made by the Sergeant at Arms. The decision advised that settlements of $2,500 or less could be made from the Senate contingent fund and that settlements in excess of $2,500 should be referred to GAO for payment out of its permanent indefinite appropriation for the payment of judgments, awards, and compromise settlements. Any award or settlement over $25,000 must be approved by the Attorney General.