Section 1 Short title
This Act may be cited as the “January 6th Law Enforcement Heroes Compensation Fund Act”.
January 6th Law Enforcement Heroes Compensation Fund Act
A BILL
To provide compensation to law enforcement officers who defended the United States Capitol during the events that occurred at or near the United States Capitol on January 6, 2021, and for other purposes.
Sec. 2 Definitions
In this Act, the following definitions apply:
Claimant— The term claimant means an individual filing a claim for compensation under section 5(a)(1).
Collateral source— The term collateral source means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the events that occurred at or near the United States Capitol on January 6, 2021.
Economic loss— The term economic loss means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, including suicide or any other death that is reasonably attributable to the claimant’s service on January 6, 2021, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
Eligible individual— The term eligible individual means an individual determined to be eligible for compensation under section 5(c).
Noneconomic losses— The term noneconomic losses means losses for physical, emotional, and psychological pain, suffering, physical impairment, mental anguish, post traumatic stress disorder, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
Special master— The term Special Master means the Special Master appointed under section 4(a).
Sec. 3 Purpose
It is the purpose of this Act to provide compensation to law enforcement officers who defended the United States Capitol during the events that occurred at or near the United States Capitol on January 6, 2021, and to compensate those officers who were injured, including mental or emotional injury, or who lost their lives as a result of such attack.
Sec. 4 Administration
In general— The Attorney General, acting through a Special Master appointed by the Attorney General, shall—
administer the compensation program established under this Act;
promulgate all procedural and substantive rules for the administration of this Act; and
employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this Act.
Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this Act.
Sec. 5 Determination of eligibility for compensation
Filing of claim—
In general— A claimant may file a claim for compensation under this Act with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought.
Claim form—
In general— The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable.
Contents— The form developed under subparagraph (A) shall request—
information from the claimant concerning their service as an active duty law enforcement officer in defense of the United States Capitol on January 6, 2021;
information from the claimant concerning the physical, emotional, and psychological harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent, information confirming the decedent’s death, as a result of the events that occurred at or near the United States Capitol on January 6, 2021, including suicide or any other death that is reasonably attributable to the claimant’s service on January 6, 2021;
information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such events; and
information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such events.
Limitation— No claim may be filed under paragraph (1) after the date that is 3 years after the date on which regulations are promulgated under section 7.
Review and determination—
Review— The Special Master shall review a claim submitted under subsection (a) and determine—
whether the claimant is an eligible individual under subsection (c); and
with respect to a claimant determined to be an eligible individual—
the extent of the harm to the claimant, including any economic and noneconomic losses; and
the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.
Negligence— With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability.
Determination— Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review.
Rights of claimant— A claimant in a review under paragraph (1) shall have—
the right to be represented by an attorney;
the right to present evidence, including the presentation of witnesses and documents; and
any other due process rights determined appropriate by the Special Master.
No punitive damages— The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this Act.
Collateral compensation— The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the events that occurred at or near the United States Capitol on January 6, 2021.
Eligibility—
In general— A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant—
is an individual described in paragraph (2); and
meets the requirements of paragraph (3).
Individuals— A claimant is an individual described in this paragraph if the claimant is—
an individual who—
served as an active duty law enforcement officer in defense of the United States Capitol on January 6, 2021; and
suffered economic loss, noneconomic loss, or death as a result of the attack on the United States Capitol, including suicide or other death that is reasonably attributable to the claimant’s service on January 6, 2021; or
in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent.
Requirements— Not more than one claim may be submitted under this Act by an individual or on behalf of a deceased individual.
Sec. 6 Payments to eligible individuals for death or injury
In general— Not later than 180 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this Act under section 5(b), the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.
Minimum payment amounts for death— In the case of any claim payable under this Act for death, including suicide or any other death that is reasonably attributable to the claimant’s service on January 6, 2021, such payment shall be not less than $4,975,000.
Sec. 7 Additional payments to claimants
In general— Not later than 180 days after the expiration of the claim period under section 5(a)(3), the Special Master shall make a payment, in addition to any payment under section 6, to each claimant who served as an active duty law enforcement officer in defense of the United States Capitol on January 6, 2021, whether or not such claimant suffered any economic or noneconomic loss as a result of such service, in an amount that is equal to—
$4,975,000, plus
the amount calculated under subsection (b), divided by
the total number of such claimants.
Calculation of payments made by United States— Not later than 90 days after the expiration of the claim period under section 5(a)(3), the Attorney General shall calculate the sum of each payment in resolution of a civil action or administrative claim paid by the United States pursuant to a settlement agreement during the period beginning January 20, 2025, and ending on the date of the expiration of the claim period under section 5(a)(3), if that civil action or administrative claim is brought by a person who was convicted of an offense related to events that occurred at or near the United States Capitol on January 6, 2021, and arose from such an offense (including any action or claim related to the investigation, prosecution, or conviction for such an offense).
Sec. 8 Payment authority
This Act constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this Act.
Sec. 9 Regulations
Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this Act, including regulations with respect to—
forms to be used in submitting claims under this Act;
the information to be included in such forms;
procedures for hearing and the presentation of evidence;
procedures to assist an individual in filing and pursuing claims under this Act; and
other matters determined appropriate by the Attorney General.
Sec. 10 Right of subrogation
The United States shall have the right of subrogation with respect to any claim paid by the United States under this Act.