Text of Senate Amendment 5470

On 2026-06-03, Senator Bill Cassidy (R-LA) delivered a floor speech titled "Text Of Senate Amendment 5470" in the Senate.

Text of Senate Amendment 5470

Congressional Record, Volume 172 Issue 94 (Wednesday, June 3, 2026) [Congressional Record Volume 172, Number 94 (Wednesday, June 3, 2026)] [Senate] [Pages S2530-S2531] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5470. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. CAPITOL DEFENDERS FUND. (a) Definitions.--In this section: (1) Collateral source of compensation.--The term ``collateral source of compensation''-- (A) means a source of compensation, other than compensation under this section, relating to the events that occurred at or near the United States Capitol on January 6, 2021; and (B) includes compensation from life insurance, pension funds, a death benefit program, and any payment by the Federal Government or a State or local government. (2) Economic loss.--The term ``economic loss''-- (A) means any pecuniary loss, the recovery of which is allowed under the laws of the District of Columbia; and (B) includes-- (i) a loss of earnings or other benefits relating to employment; (ii) a medical expense loss; (iii) a replacement service loss; (iv) loss due to death, including suicide or any other death; (v) burial costs; and (vi) the loss of a business or employment opportunity. (3) Eligible claimant.--The term ``eligible claimant'' means an individual who-- (A)(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 service of the individual on January 6, 2021; or [[Page S2531]] (B)(i) is the personal representative of a decedent who is an individual described in subparagraph (A); and (ii) files a claim on behalf of the decedent described in clause (i). (4) Fund.--The term ``Fund'' means the January 6th Law Enforcement Heroes Compensation Fund established under subsection (b)(1). (5) Noneconomic loss.--The term ``noneconomic loss'' means a loss for-- (A) physical, emotional, or psychological pain; (B) suffering; (C) a physical impairment; (D) mental anguish; (E) post-traumatic stress disorder; (F) disfigurement; (G) a loss of enjoyment of life; (H) a loss of society and companionship; (I) a loss of consortium (other than loss of domestic service); (J) hedonic damages; (K) an injury to reputation; and (L) any other nonpecuniary loss of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under subsection (d)(1). (7) United states capitol.--The term ``United States Capitol'' means the United States Capitol Building and the surrounding congressional office buildings and Library of Congress buildings. (b) Establishment.--There is established within the Treasury a fund to be known as the ``January 6th Law Enforcement Heroes Compensation Fund''. (c) Appropriations.-- (1) In general.--There are appropriated to the Fund, out of any money in the Treasury not otherwise appropriated, to remain available until expended, $100,000,000. (2) Administrative expenses.--The Special Master may use amounts from the Fund to pay the administrative and support costs for the Special Master to carry out this Act. (d) Administration.-- (1) Special master.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall appoint a Special Master to administer the Fund. (2) Duties.--The Special Master shall-- (A) administer the compensation program established under this section; (B) promulgate all procedural and substantive rules for the administration of this section; and (C) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this section. (e) Determination of Eligibility for Compensation.-- (1) Filing of claim.-- (A) In general.--An eligible claimant may file a claim for compensation under this section with the Special Master that states-- (i) the factual basis for eligibility for compensation; and (ii) the amount of compensation sought. (B) Limitation.--Not more than 1 claim may be submitted under this Act by an individual or on behalf of a deceased individual. (C) Claim form.-- (i) In general.--The Special Master shall develop a claim form that-- (I) eligible claimants shall use when submitting claims under subparagraph (A); and (II) can be filed electronically. (ii) Contents.--The form developed under clause (i) shall request-- (I) information from the eligible claimant concerning the service of the eligible claimant or an applicable decedent as an active duty law enforcement officer in defense of the United States Capitol on January 6, 2021; (II)(aa) information from the eligible claimant concerning the physical, emotional, and psychological harm that the eligible claimant suffered; or (bb) 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 eligible claimant's service on January 6, 2021; (III) information from the eligible claimant concerning any possible economic loss or non-economic loss that the eligible claimant or the decedent suffered as a result of the events that occurred at or near the United States Capitol on January 6, 2021; and (IV) information relating to any collateral source of compensation the eligible claimant has received or is entitled to receive. (2) Time limit.--No claim may be filed under paragraph (1) after the date that is 3 years after the date on which regulations are promulgated under subsection (l). (f) Review and Determination.-- (1) Review.--Not later than 90 days after the date on which an individual submits a claim under subsection (e)(1), the Special Master shall-- (A) review the claim; (B) determine-- (i) whether the individual submitting the claim qualifies as an eligible claimant; and (ii) with respect to an individual determined to be an eligible claimant under clause (i)-- (I) the extent of the harm to the eligible claimant that is reasonably attributable to the service of the applicable law enforcement officer at or near the United States Capitol on January 6, 2021, including any economic and non-economic losses; and (II) the amount of compensation to which the eligible claimant is entitled based on the harm to the eligible claimant, the facts of the claim, and the individual circumstances of the eligible claimant; and (C) provide written notice to the individual with respect to the matters that were the subject of the claim. (2) Rights of eligible claimant.--An individual who submits a claim under subsection (e)(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. (3) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this section. (4) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii)(II) by the amount of each collateral source of compensation the eligible claimant has received or is entitled to receive. (g) Payments to Eligible Individuals for Death or Injury.-- Not later than 60 days after the date on which the Special Master determines an amount of compensation owed to an eligible claimant under subsection (f)(1)(B)(ii)(II), the Special Master shall authorize payment from the Fund to the eligible claimant in that amount. (h) Minimum Payment Amounts for Death.--The payment for a claim under this section for death, including suicide or any other death that is reasonably attributable to the service of an individual on January 6, 2021, shall be the maximum amount allowed under subsection (i) (i) Maximum Payment Amount for Each Claimaint.--The amount payable to each eligible claimant under this section shall not exceed $1,000,000. (j) Attorneys' Fees and Costs.-- (1) In general.--No attorney representing an eligible claimant shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that, in the aggregate, exceeds 10 percent of any payment made under this section. (2) Penalty.--An attorney who violates paragraph (1) shall be fined under title 18, imprisoned for not more than 1 year, or both. (k) Judicial Review.-- (1) Appeal.--Not later than 30 days after the date on which an eligible claimant receives a written decision by the Special Master with respect to the whole or partial denial of a claim made under this section, the eligible claimant may appeal the decision to the United States Court of Federal Claims, which shall have exclusive jurisdiction to review decisions issued by the Special Master under this section. (2) No decision issued.--If the Special Master fails to issue a written decision with respect to a claim filed by an eligible claimant under this section by the date required under subsection (f)(1), not later than 60 days after that date, the eligible claimant may seek relief before the United States Court of Federal Claims, which shall adjudicate the claim in the first instance. (3) No application process.--If the Special Master fails to develop an application process for the submission of claims in accordance with this section, an eligible claimant may seek relief before the United States Court of Federal Claims, which shall adjudicate the claim in the first instance. (l) Regulations.--Not later than 90 days after the date of enactment