[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 of this Act, the Attorney General, in consultation
with the Special Master, shall promulgate regulations to
carry out this section, including regulations with respect
to--
(1) forms to be used in submitting claims under this
section;
(2) procedures for hearing and the presentation of
evidence;
(3) procedures to assist an individual in filing and
pursuing claims under this section; and
(4) other matters determined appropriate by the Attorney
General.
(m) Right of Subrogation.--The United States shall have the
right of subrogation with respect to any claim paid by the
United States under this section.
(n) Termination.--
(1) In general.--Amounts in the Fund may not be obligated
on or after January 1, 2036.
(2) Closing of fund.--Effective on the date that is 1 day
after the date on which all amounts authorized to be paid
from the Fund under this section obligated before January 1,
2036 are expended, any unobligated balances in the Fund shall
be transferred to the Judgment Fund of the Department of
Justice.
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