HouseH.R. 8802119th Congress
January 6th Law Enforcement Heroes Compensation Fund Act
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[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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