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H.R. 8802: January 6th Law Enforcement Heroes Compensation Fund Act

This bill, titled the "January 6th Law Enforcement Heroes Compensation Fund Act," aims to provide financial compensation to law enforcement officers who defended the United States Capitol during the events that took place on January 6, 2021. The bill includes several key components:

Purpose

The primary purpose of the bill is to compensate law enforcement officers who were injured, including those who experienced mental or emotional injuries, or who lost their lives as a result of the attack on the Capitol.

Definitions

The bill defines key terms relevant to its implementation:

Claimant: An individual filing a claim for compensation.
Economic loss: Losses such as lost earnings, medical expenses, and burial costs resulting from harm due to the events of January 6.
Noneconomic losses: Losses related to physical or emotional pain, mental anguish, or diminished quality of life.
Eligible individual: Those determined eligible for compensation under the provisions of the bill.

Eligibility for Compensation

Individuals eligible for compensation include:

Active duty law enforcement officers who responded on January 6, 2021, and suffered losses due to their service.
The personal representatives of deceased individuals who served in this capacity, filing claims on their behalf.

Claimants can file for economic losses (like loss of income) or noneconomic losses (such as emotional distress) attributable to the events.

Claims Process

The claims process is administered by a Special Master appointed by the Attorney General:

Claimants submit claims detailing their service and the impact it had on them, including any economic and noneconomic losses incurred.
The Special Master reviews the claims and makes determinations regarding eligibility and compensation amounts.
Claims must be filed within three years of the regulations being enacted.

Compensation Amounts

If a claim is approved, the compensation includes:

For death, a minimum payment of $4,975,000.
Additional payments for those who were actively serving on January 6, 2021, regardless of their individual loss, which will be funded from a specified calculation based on prior settlements connected to the events of that day.

Administration

The Attorney General is responsible for the overall administration of the compensation program, which includes the development of claims forms, procedures, and a budget for administration costs. There are specific provisions for how compensation might be reduced if the claimant has received other forms of compensation (such as insurance).

Regulations

The bill mandates that the Attorney General establish regulations within 90 days of enactment, which will outline necessary procedures for filing claims and processing compensation.

Exclusions and Rights

The Special Master will not consider negligence in determining claims and cannot award punitive damages. Claimants have the right to legal representation and to present evidence in their cases.