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be reduced by the amount of compensation pro-
vided by the Federal Government to any person 
under any other Federal program for those in-
sured losses. 
‘‘(2) CAP ON ANNUAL LIABILITY.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1) or any other provision of Federal or 
State law, including any State workers’ com-
pensation or other compulsory insurance law, if 
the aggregate amount of the Federal share of 
compensation to be paid to all insurers pursu-
ant 
to 
paragraph 
(1) 
exceeds 
$100,000,000,000, during any additional Pro-
gram Year (until such time as the Congress 
may act otherwise with respect to such 
losses)— 
‘‘(i) the Secretary shall not make any 
payment under this title for any portion of 
the amount of the aggregate insured losses 
during such Program Year for which the 
Federal share exceeds $100,000,000,000; 
and 
‘‘(ii) no insurer that has met its in-
surer deductible shall be liable for the pay-
ment of any portion of the aggregate in-
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sured losses during such Program Year 
that exceeds $100,000,000,000. 
‘‘(B) INSURER SHARE.—For purposes of 
subparagraph (A), the Secretary shall deter-
mine the pro rata share of insured losses to be 
paid by each insurer that incurs insured losses 
under the Program. 
‘‘(C) CLAIMS
ALLOCATIONS.—The Sec-
retary shall, by regulation, provide for insurers 
to allocate claims payments for insured losses 
under applicable insurance policies in any case 
described in subparagraph (A). Such regula-
tions shall include provisions for payment, for 
the purpose of addressing emergency needs of 
applicable individuals affected by an act of ter-
rorism, of a portion of claims for insured losses 
promptly upon filing of such claims. 
‘‘(3) LIMITATION ON INSURER FINANCIAL RE-
SPONSIBILITY.— 
‘‘(A) LIMITATION.—Notwithstanding any 
other provision of Federal or State law, includ-
ing any State workers’ compensation or other 
compulsory insurance law, an insurer’s financial 
responsibility for insured losses from acts of 
terrorism shall be limited as follows: 
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‘‘(i) FEDERAL
COMPENSATION
NOT 
PROVIDED.—In any case of an act of ter-
rorism with respect to which there has not 
been enacted a joint resolution for pay-
ment of Federal compensation described in 
subsection (h)(2), an insurer’s financial re-
sponsibility for insured losses from such 
act of terrorism shall be limited to its ap-
plicable insurer deductible. 
‘‘(ii) FEDERAL
COMPENSATION
PRO-
VIDED.—In any case of an act of terrorism 
with respect to which there has been en-
acted a joint resolution for payment of 
Federal compensation described in sub-
section (h)(2), an insurer’s financial re-
sponsibility for insured losses from such 
act of terrorism shall be limited to— 
‘‘(I) its applicable insurer deduct-
ible; and 
‘‘(II) its applicable share of in-
sured losses that exceed its applicable 
insurer deductible, subject to the re-
quirements of paragraph (2). 
‘‘(B) FEDERAL REIMBURSEMENT.—In the 
case of any act of terrorism with respect to 
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which there has been enacted a joint resolution 
for payment of Federal compensation described 
in subsection (h)(2) and notwithstanding any 
other provision of Federal or State law, the 
Secretary shall— 
‘‘(i) reimburse insurers for any pay-
ment of excess insured losses made prior to 
publication of any notification pursuant to 
paragraph (4)(A); 
‘‘(ii) reimburse insurers for any pay-
ment of excess insured losses occurring on 
or after the date of any notification pursu-
ant to paragraph (4)(A), but only to the 
extent that— 
‘‘(I) such payment is ordered by 
a court pursuant to subparagraph (C) 
of this paragraph or is directed by 
State law, notwithstanding this para-
graph, or by Federal law; 
‘‘(II) such payment is limited to 
compensating insurers for their pay-
ment of excess insured losses and does 
not include punitive damages, or liti-
gation or other costs; and 
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‘‘(III) the insurer has made a 
good-faith effort to defend against any 
claims for such payment; and 
‘‘(iii) have the right to intervene in 
any legal proceedings relating to such 
claims specified in clause (ii)(III). 
‘‘(C) FEDERAL COURT JURISDICTION.— 
‘‘(i) CONDITIONS.—All claims relating 
to or arising out of an insurer’s financial 
responsibility for insured losses from acts 
of terrorism under this paragraph shall be 
within the original and exclusive jurisdic-
tion of the district courts of the United 
States, in accordance with the procedures 
established in subparagraph (D), if the 
Secretary certifies that the following condi-
tions have been met, or that there is a rea-
sonable likelihood that the following condi-
tions may be met: 
‘‘(I) The aggregate amount of 
the Federal share of compensation to 
be paid to all insurers pursuant to 
paragraph 
(1) 
exceeds 
$100,000,000,000, pursuant to para-
graph (2); and 
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‘‘(II) the insurer has paid its ap-
plicable insurer deductible and its pro 
rata share of insured losses deter-
mined pursuant to paragraph (2)(B). 
‘‘(ii) REMOVAL OF STATE COURT AC-
TIONS.—If the Secretary certifies that con-
ditions set forth in subclauses (I) and (II) 
of clause (i) have been met, all pending 
State court actions that relate to or arise 
out of an insurer’s financial responsibility 
for insured losses from acts of terrorism 
under this paragraph shall be removed to 
a district court of the United States in ac-
cordance with subparagraph (D). 
‘‘(D) VENUE.—For each certification made 
by the Secretary pursuant to subparagraph 
(C)(i), not later than 90 days after the Sec-
retary’s determination the Judicial Panel on 
Multidistrict Litigation shall designate one dis-
trict court or, if necessary, multiple district 
courts of the United States that shall have 
original and exclusive jurisdiction over all ac-
tions for any claim relating to or arising out of 
an insurer’s financial responsibility for insured 
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