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House bill would set $4.975 million minimum for Jan. 6 deaths

Families of officers whose deaths are tied to defending the U.S. Capitol could receive at least that amount under a proposed federal compensation fund.

Law enforcement officers who defended the U.S. Capitol during the Jan. 6, 2021 attack could seek payments from a new federal compensation fund under a proposal in Congress. The bill, called the January 6th Law Enforcement Heroes Compensation Fund Act, would create a dedicated claims program for officers harmed while protecting the Capitol that day.

The measure in the U.S. House of Representatives treats the events of Jan. 6 as a unique federal responsibility. Officers who suffered physical, psychological, or financial harm while defending the Capitol could apply for compensation through a separate federal process rather than relying only on existing benefits such as pensions, insurance, or other government programs.

A claims process run by the Justice Department

The proposal would place the program under the authority of the U.S. Attorney General. A Special Master appointed by the attorney general would run the system and review applications.

People seeking compensation would file a claim describing their service defending the Capitol and the harm they experienced. Claims could include both economic losses, such as lost income, medical expenses, or missed job opportunities, and noneconomic harms such as physical pain, emotional distress, post traumatic stress disorder, or other psychological injuries.

Families could also submit claims for officers who died from injuries linked to defending the Capitol. The bill says deaths considered reasonably attributable to that service, including suicide, could qualify.

How compensation would be determined

After a claim is filed, the Special Master would review the evidence and decide whether the person is eligible and how much compensation should be paid. The bill directs the administrator to consider the extent of the harm and the individual circumstances of the claim.

A determination would be issued within 120 days. The decision would be final and could not be challenged in court. The program would not allow punitive damages.

Payments would also be reduced if the claimant already received money connected to the attack from other sources. The bill lists life insurance payouts, pension funds, death benefit programs, and payments from federal, state, or local governments as sources that would lower the amount paid by the compensation fund.

For deaths tied to service defending the Capitol on Jan. 6, the bill sets a minimum payment. Compensation in those cases could not be less than $4,975,000.

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