H.R. 8802

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8802 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8802

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 13, 2026

Mr. Raskin (for himself, Ms. Elfreth, Ms. Norton, Ms. Chu, Ms. Wilson 
of Florida, Mr. Lynch, Ms. Simon, Mr. Cisneros, Mr. Suozzi, Mr. 
Walkinshaw, Ms. Pettersen, Mr. Correa, Ms. Kamlager-Dove, Mrs. McBath, 
Mr. Neal, Ms. Dean of Pennsylvania, Mr. Thompson of Mississippi, Mr. 
Nadler, Mr. Carbajal, Ms. Jayapal, Mr. Mullin, Mr. Mannion, Mrs. 
Beatty, Mrs. Watson Coleman, Mr. Cohen, Mr. Kennedy of New York, Mr. 
Subramanyam, Mr. Goldman of New York, Mrs. Fletcher, Mr. Carson, Mr. 
Johnson of Georgia, Ms. Scanlon, Ms. Kelly of Illinois, Ms. Randall, 
Mr. Morelle, Mrs. McClain Delaney, Ms. Salinas, Ms. Pelosi, Ms. 
Crockett, Mr. Thanedar, Mr. Lieu, Ms. Lofgren, Ms. Ross, Mr. Garamendi, 
Mr. Aguilar, Mr. Figures, Mr. Neguse, Ms. Balint, Mr. Olszewski, and 
Ms. Escobar) introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``January 6th Law Enforcement Heroes 
Compensation Fund Act''.

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:
(1) Claimant.--The term ``claimant'' means an individual 
filing a claim for compensation under section 5(a)(1).
(2) 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.
(3) 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.
(4) Eligible individual.--The term ``eligible individual'' 
means an individual determined to be eligible for compensation 
under section 5(c).
(5) 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.
(6) 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.

(a) In General.--The Attorney General, acting through a Special 
Master appointed by the Attorney General, shall--
(1) administer the compensation program established under 
this Act;
(2) promulgate all procedural and substantive rules for the 
administration of this Act; and
(3) employ and supervise hearing officers and other 
administrative personnel to perform the duties of the Special 
Master under this Act.
(b) 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.

(a) Filing of Claim.--
(1) 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.
(2) Claim form.--
(A) 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.
(B) Contents.--The form developed under 
subparagraph (A) shall request--
(i) 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;
(ii) 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;
(iii) information from the claimant 
concerning any possible economic and 
noneconomic losses that the claimant suffered 
as a result of such events; and
(iv) information regarding collateral 
sources of compensation the claimant has 
received or is entitled to receive as a result 
of such events.
(3) 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.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim 
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual 
under subsection (c); and
(B) with respect to a claimant determined to be an 
eligible individual--
(i) the extent of the harm to the claimant, 
including any economic and noneconomic losses; 
and
(ii) 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.
(2) Negligence.--With respect to a claimant, the Special 
Master shall not consider negligence or any other theory of 
liability.
(3) 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.
(4) Rights of claimant.--A claimant in a review under 
paragraph (1) shall have--
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the 
presentation of witnesses and documents; and
(C) any other due process rights determined 
appropriate by the Special Master.
(5) No punitive damages.--The Special Master may not 
include amounts for punitive damages in any compensation paid 
under a claim under this Act.
(6) 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.
(c) Eligibility.--
(1) 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--
(A) is an individual described in paragraph (2); 
and
(B) meets the requirements of paragraph (3).
(2) Individuals.--A claimant is an individual described in 
this paragraph if the claimant is--
(A) an individual who--
(i) served as an active duty law 
enforcement officer in defense of the United 
States Capitol on January 6, 2021; and
(ii) 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
(B) 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.
(3) 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.

(a) 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.
(b) 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.

(a) 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--
(1)(A) $4,975,000, plus
(B) the amount calculated under subsection (b), divided by
(2) the total number of such claimants.
(b) 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--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of 
evidence;
(4) procedures to assist an individual in filing and 
pursuing claims under this Act; and
(5) 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.
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