,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hhjb ,,in ,,the ,,house ,,of ,,representatives ,may #ac1 #bjbf,mr4 ,raskin 7for himself1 ,ms4 ,elfreth1 ,ms4 ,norton1 ,ms4 ,chu1 ,ms4 ,wilson of ,florida1 ,mr4 ,lynch1 ,ms4 ,simon1 ,mr4 ,cisneros1 ,mr4 ,suozzi1 ,mr4 ,walkinshaw1 ,ms4 ,pettersen1 ,mr4 ,correa1 ,ms4 ,kamlager-,dove1 ,mrs4 ,mc,bath1 ,mr4 ,neal1 ,ms4 ,dean of ,pennsylvania1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,nadler1 ,mr4 ,carbajal1 ,ms4 ,jayapal1 ,mr4 ,mullin1 ,mr4 ,mannion1 ,mrs4 ,beatty1 ,mrs4 ,watson ,coleman1 ,mr4 ,cohen1 ,mr4 ,kennedy of ,new ,york1 ,mr4 ,subramanyam1 ,mr4 ,goldman of ,new ,york1 ,mrs4 ,fletcher1 ,mr4 ,carson1 ,mr4 ,johnson of ,georgia1 ,ms4 ,scanlon1 ,ms4 ,kelly of ,illinois1 ,ms4 ,randall1 ,mr4 ,morelle1 ,mrs4 ,mc,clain ,delaney1 ,ms4 ,salinas1 ,ms4 ,pelosi1 ,ms4 ,crockett1 ,mr4 ,thanedar1 ,mr4 ,lieu1 ,ms4 ,lofgren1 ,ms4 ,ross1 ,mr4 ,garamendi1 ,mr4 ,aguilar1 ,mr4 ,figures1 ,mr4 ,neguse1 ,ms4 ,balint1 ,mr4 ,olszewski1 and ,ms4 ,escobar7 introduced the following bill2 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 #f1 #bjba1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,january #fth ,law ,enforcement ,heroes ,compensation ,fund ,act4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,claimant ,the term claimant means an individual filing a claim for compensation under section #e7;a77#a74 7#b7 ,collateral source ,the term collateral source means all collateral sources1 including life insurance1 pension funds1 death benefit programs1 and payments by ,federal1 ,state1 or local governments related to the events that occurred at or near the ,united ,states ,capitol on ,january #f1 #bjba4 7#c7 ,economic loss ,the term economic loss means any pecuniary loss resulting from harm 7including the loss of earnings or other benefits related to employment1 medical expense loss1 replacement services loss1 loss due to death1 including suicide or any other death that is reasonably attributable to the claimant's service on ,january #f1 #bjba1 burial costs1 and loss of business or employment opportunities7 to the extent recovery for such loss is allowed under applicable ,state law4 7#d7 ,eligible individual ,the term eligible individual means an individual determined to be eligible for compensation under section #e7;c74 7#e7 ,noneconomic losses ,the term noneconomic losses means losses for physical1 emotional1 and psychological pain1 suffering1 physical impairment1 mental anguish1 post traumatic stress disorder1 disfigurement1 loss of enjoyment of life1 loss of society and companionship1 loss of consortium 7other than loss of domestic service71 hedonic damages1 injury to reputation1 and all other nonpecuniary losses of any kind or nature4 7#f7 ,special master ,the term ,special ,master means the ,special ,master appointed under section #d7;a74 #c4 ,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 #f1 #bjba1 and to compensate those officers who were injured1 including mental or emotional injury1 or who lost their lives as a result of such attack4 #d4 ,administration 7a7 ,in general ,the ,attorney ,general1 acting through a ,special ,master appointed by the ,attorney ,general1 shall-- 7#a7 administer the compensation program established under this ,act2 7#b7 promulgate all procedural and substantive rules for the administration of this ,act2 and 7#c7 employ and supervise hearing officers and other administrative personnel to perform the duties of the ,special ,master under this ,act4 7b7 ,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 ,act4 #e4 ,determination of eligibility for compensation 7a7 ,filing of claim 7#a7 ,in general ,a claimant may file a claim for compensation under this ,act with the ,special ,master4 ,the claim shall be on the form developed under paragraph 7#b7 and shall state the factual basis for eligibility for compensation and the amount of compensation sought4 7#b7 ,claim form 7,a7 ,in general ,the ,special ,master shall develop a claim form that claimants shall use when submitting claims under paragraph 7#a74 ,the ,special ,master shall ensure that such form can be filed electronically1 if determined to be practicable4 7,b7 ,contents ,the form developed under subparagraph 7,a7 shall request-- 7i7 information from the claimant concerning their service as an active duty law enforcement officer in defense of the ,united ,states ,capitol on ,january #f1 #bjba2 7ii7 information from the claimant concerning the physical1 emotional1 and psychological harm that the claimant suffered1 or in the case of a claim filed on behalf of a decedent1 information confirming the decedent's death1 as a result of the events that occurred at or near the ,united ,states ,capitol on ,january #f1 #bjba1 including suicide or any other death that is reasonably attributable to the claimant's service on ,january #f1 #bjba2 7iii7 information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such events2 and 7iv7 information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such events4 7#c7 ,limitation ,no claim may be filed under paragraph 7#a7 after the date that is #c years after the date on which regulations are promulgated under section #g4 7b7 ,review and determination 7#a7 ,review ,the ,special ,master shall review a claim submitted under subsection 7a7 and determine-- 7,a7 whether the claimant is an eligible individual under subsection 7c72 and 7,b7 with respect to a claimant determined to be an eligible individual-- 7i7 the extent of the harm to the claimant1 including any economic and noneconomic losses2 and 7ii7 the amount of compensation to which the claimant is entitled based on the harm to the claimant1 the facts of the claim1 and the individual circumstances of the claimant4 7#b7 ,negligence ,with respect to a claimant1 the ,special ,master shall not consider negligence or any other theory of liability4 7#c7 ,determination ,not later than #abj days after that date on which a claim is filed under subsection 7a71 the ,special ,master shall complete a review1 make a determination1 and provide written notice to the claimant1 with respect to the matters that were the subject of the claim under review4 ,such a determination shall be final and not subject to judicial review4 7#d7 ,rights of claimant ,a claimant in a review under paragraph 7#a7 shall have-- 7,a7 the right to be represented by an attorney2 7,b7 the right to present evidence1 including the presentation of witnesses and documents2 and 7,c7 any other due process rights determined appropriate by the ,special ,master4 7#e7 ,no punitive damages ,the ,special ,master may not include amounts for punitive damages in any compensation paid under a claim under this ,act4 7#f7 ,collateral compensation ,the ,special ,master shall reduce the amount of compensation determined under paragraph 7#a77;,b77ii7 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 #f1 #bjba4 7c7 ,eligibility 7#a7 ,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-- 7,a7 is an individual described in paragraph 7#b72 and 7,b7 meets the requirements of paragraph 7#c74 7#b7 ,individuals ,a claimant is an individual described in this paragraph if the claimant is-- 7,a7 an individual who-- 7i7 served as an active duty law enforcement officer in defense of the ,united ,states ,capitol on ,january #f1 #bjba2 and 7ii7 suffered economic loss1 noneconomic loss1 or death as a result of the attack on the ,united ,states ,capitol1 including suicide or other death that is reasonably attributable to the claimant's service on ,january #f1 #bjba2 or 7,b7 in the case of a decedent who is an individual described in subparagraph 7,a71 the personal representative of the decedent who files a claim on behalf of the decedent4 7#c7 ,requirements ,not more than one claim may be submitted under this ,act by an individual or on behalf of a deceased individual4 #f4 ,payments to eligible individuals for death or injury 7a7 ,in general ,not later than #ahj 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 #e7;b71 the ,special ,master shall authorize payment to such claimant of the amount determined with respect to the claimant4 7b7 ,minimum payment amounts for death ,in the case of any claim payable under this ,act for death1 including suicide or any other death that is reasonably attributable to the claimant's service on ,january #f1 #bjba1 such payment shall be not less than #d1ige1jjj4 #g4 ,additional payments to claimants 7a7 ,in general ,not later than #ahj days after the expiration of the claim period under section #e7;a77#c71 the ,special ,master shall make a payment1 in addition to any payment under section #f1 to each claimant who served as an active duty law enforcement officer in defense of the ,united ,states ,capitol on ,january #f1 #bjba1 whether or not such claimant suffered any economic or noneconomic loss as a result of such service1 in an amount that is equal to-- 7#a7 7,a7 #d1ige1jjj1 plus 7,b7 the amount calculated under subsection 7b71 divided by 7#b7 the total number of such claimants4 7b7 ,calculation of payments made by ,united ,states ,not later than #ij days after the expiration of the claim period under section #e7;a77#c71 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 #bj1 #bjbe1 and ending on the date of the expiration of the claim period under section #e7;a77#c71 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 #f1 #bjba1 and arose from such an offense 7including any action or claim related to the investigation1 prosecution1 or conviction for such an offense74 #h4 ,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 ,act4 #i4 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,special ,master1 shall promulgate regulations to carry out this ,act1 including regulations with respect to-- 7#a7 forms to be used in submitting claims under this ,act2 7#b7 the information to be included in such forms2 7#c7 procedures for hearing and the presentation of evidence2 7#d7 procedures to assist an individual in filing and pursuing claims under this ,act2 and 7#e7 other matters determined appropriate by the ,attorney ,general4 #aj4 ,right of subrogation ,the ,united ,states shall have the right of subrogation with respect to any claim paid by the ,united ,states under this ,act4