(A) whether the claimant is an eligible in-
dividual under subsection (c);
(B) with respect to a claimant determined
to be an eligible individual—
(i) the extent of the harm to the
claimant, including any economic and non-
economic losses; and
(ii) the amount of compensation to
which the claimant is entitled based on the
harm to the claimant, the facts of the
claim, and the individual circumstances of
the claimant.
(2) NEGLIGENCE.—With respect to a claimant,
the Special Master shall not consider negligence or
any other theory of liability.
(3) DETERMINATION.—Not later than 120 days
after that date on which a claim is filed under sub-
section (a), the Special Master shall complete a re-
view, make a determination, and provide written no-
tice to the claimant, with respect to the matters that
were the subject of the claim under review. Such a
determination shall be final and not subject to judi-
cial review.
(4) RIGHTS OF CLAIMANT.—A claimant in a re-
view under paragraph (1) shall have—
(A) the right to be represented by an at-
torney;
(B) the right to present evidence, including
the presentation of witnesses and documents;
and
(C) any other due process rights deter-
mined appropriate by the Special Master.
(5) NO PUNITIVE DAMAGES.—The Special Mas-
ter may not include amounts for punitive damages
in any compensation paid under a claim under this
title.
(6) COLLATERAL COMPENSATION.—The Special
Master shall reduce the amount of compensation de-
termined under paragraph (1)(B)(ii) by the amount
of the collateral source compensation the claimant
has received or is entitled to receive as a result of
the terrorist-related aircraft crashes of September
11, 2001.
(c) ELIGIBILITY.—
(1) IN GENERAL.—A claimant shall be deter-
mined to be an eligible individual for purposes of
this subsection if the Special Master determines that
such claimant—
(A) is an individual described in paragraph
(2); and
(B) meets the requirements of paragraph
(3).
(2) INDIVIDUALS.—A claimant is an individual
described in this paragraph if the claimant is—
(A) an individual who—
(i) was present at the World Trade
Center, (New York, New York), the Pen-
tagon (Arlington, Virginia), or the site of
the aircraft crash at Shanksville, Pennsyl-
vania at the time, or in the immediate
aftermath, of the terrorist-related aircraft
crashes of September 11, 2001; and
(ii) suffered physical harm or death as
a result of such an air crash;
(B) an individual who was a member of
the flight crew or a passenger on American Air-
lines flight 11 or 77 or United Airlines flight 93
or 175, except that an individual identified by
the Attorney General to have been a participant
or conspirator in the terrorist-related aircraft
crashes of September 11, 2001, or a represent-
ative of such individual shall not be eligible to
receive compensation under this title; or
(C) in the case of a decedent who is an in-
dividual described in subparagraph (A) or (B),
the personal representative of the decedent who
files a claim on behalf of the decedent.
(3) REQUIREMENTS.—
(A) SINGLE CLAIM.—Not more than one
claim may be submitted under this title by an
individual or on behalf of a deceased individual.
(B) LIMITATION ON CIVIL ACTION.—
(i) IN GENERAL.—Upon the submis-
sion of a claim under this title, the claim-
ant waives the right to file a civil action
(or to be a party to an action) in any Fed-
eral or State court for damages sustained
as a result of the terrorist-related aircraft
crashes of September 11, 2001. The pre-
ceding sentence does not apply to a civil
action to recover collateral source obliga-
tions.
(ii) PENDING ACTIONS.—In the case
of an individual who is a party to a civil
action described in clause (i), such indi-
vidual may not submit a claim under this
title unless such individual withdraws from
such action by the date that is 90 days
after the date on which regulations are
promulgated under section 407.
SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) IN GENERAL.—Not later than 20 days after the
date on which a determination is made by the Special Mas-
ter regarding the amount of compensation due a claimant
under this title, the Special Master shall authorize pay-
ment to such claimant of the amount determined with re-
spect to the claimant.
(b) PAYMENT AUTHORITY.—This title 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 title.
(c) ADDITIONAL FUNDING.—
(1) IN GENERAL.—The Attorney General is au-
thorized to accept such amounts as may be contrib-
uted by individuals, business concerns, or other enti-
ties to carry out this title, under such terms and
conditions as the Attorney General may impose.
(2) USE OF SEPARATE ACCOUNT.—In making
payments under this section, amounts contained in
any account containing funds provided under para-
graph (1) shall be used prior to using appropriated
amounts.
SEC. 407. 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 title, including regulations with respect to—
(1) forms to be used in submitting claims under
this title;
(2) the information to be included in such
forms;
(3) procedures for hearing and the presentation
of evidence;
(4) procedures to assist an individual in filing
and pursuing claims under this title; and
(5) other matters determined appropriate by
the Attorney General.
SEC. 408. LIMITATION ON AIR CARRIER LIABILITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, liability for all claims, whether for compen-
satory or punitive damages, arising from the terrorist-re-
lated aircraft crashes of September 11, 2001, against any
air carrier shall not be in an amount greater than the lim-
its of the liability coverage maintained by the air carrier.
(b) FEDERAL CAUSE OF ACTION.—
(1) AVAILABILITY
OF
ACTION.—There shall
exist a Federal cause of action for damages arising
out of the hijacking and subsequent crashes of
American Airlines flights 11 and 77, and United
Airlines flights 93 and 175, on September 11, 2001.
Notwithstanding section 40120(c) of title 49, United
States Code, this cause of action shall be the exclu-
sive remedy for damages arising out of the hijacking
and subsequent crashes of such flights.
(2) SUBSTANTIVE LAW.—The substantive law
for decision in any such suit shall be derived from
the law, including choice of law principles, of the
State in which the crash occurred unless such law is
inconsistent with or preempted by Federal law.
(3) JURISDICTION.—The United States District
Court for the Southern District of New York shall
have original and exclusive jurisdiction over all ac-
tions brought for any claim (including any claim for
loss of property, personal injury, or death) resulting
from or relating to the terrorist-related aircraft
crashes of September 11, 2001.
(c) EXCLUSION.—Nothing in this section shall in any
way limit any liability of any person who is a knowing
participant in any conspiracy to hijack any aircraft or
commit any terrorist act.
SEC. 409. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation
with respect to any claim paid by the United States under
this title.
TITLE V—AIR TRANSPORTATION
SAFETY
SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
Congress affirms the President’s decision to spend
$3,000,000,000 on airline safety and security in conjunc-
tion with this Act in order to restore public confidence
in the airline industry.
SEC. 502. CONGRESSIONAL COMMITMENT.
Congress is committed to act expeditiously, in con-
sultation with the Secretary of Transportation, to
strengthen airport security and take further measures to
enhance the security of air travel.
TITLE VI—SEPARABILITY
SEC. 601. SEPARABILITY.
If any provision of this Act (including any amend-
ment made by this Act) or the application thereof to any
person or circumstance is held invalid, the remainder of
this Act (including any amendment made by this Act) and
the application thereof to other persons or circumstances
shall not be affected thereby.
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