‘‘(bb) 87.5 percent of such 
aggregate 
industry 
qualified 
NBCR 
losses 
between 
$10,000,000,000 
and 
$20,000,000,000; 
‘‘(cc) 90 percent of such ag-
gregate industry qualified NBCR 
losses between $20,000,000,000 
and $40,000,000,000; 
‘‘(dd) 92.5 percent of such 
aggregate 
industry 
qualified 
NBCR 
losses 
of 
between 
$40,000,000,000 
and 
$60,000,000,000; and 
‘‘(ee) 95 percent of such ag-
gregate industry qualified NBCR 
losses 
of 
more 
than 
$60,000,000,000; 
and shall be prorated per insurer 
based on each insurer’s percentage of 
the 
aggregate 
industry 
qualified 
NBCR losses for such additional Pro-
gram Year; and 
‘‘(II) 100 percent of the insured 
losses of the insurer resulting from
NBCR terrorism that, based upon pro 
rata determinations pursuant to para-
graph (2)(B), result in aggregate in-
dustry insured losses during such Pro-
gram 
Year 
exceeding 
$100,000,000,000, up to the limit 
under paragraph (2)(A). 
‘‘(ii) QUALIFIED NBCR LOSSES.—For 
purposes of this subparagraph, the term 
‘qualified NBCR losses’ means, with re-
spect to insured losses of an insurer result-
ing from NBCR terrorism during an addi-
tional Program Year, that portion of the 
amount of such insured losses that result 
from any such reactions, releases, or con-
taminations and that— 
‘‘(I) exceed the applicable insurer 
deductible required to be paid during 
such Program Year; and 
‘‘(II) based upon pro rata deter-
minations 
pursuant 
to 
paragraph 
(2)(B), does not result in aggregate 
industry insured losses during such 
Program 
Year 
exceeding 
$100,000,000,000.
‘‘(C) PROGRAM TRIGGER.—In the case of a 
certified act of terrorism occurring after March 
31, 2006, no compensation shall be paid, pursu-
ant to subsection (h)(1), by the Secretary under 
subsection (a), unless the aggregate industry in-
sured losses resulting from such certified act of 
terrorism exceed $50,000,000, except that if a 
certified act of terrorism occurs for which re-
sulting aggregate industry insured losses exceed 
$1,000,000,000, the applicable amount for any 
subsequent certified act of terrorism shall be 
the amount specified in section 102(1)(B)(ii). 
‘‘(D) LIMITATION ON COMPENSATION FOR 
GROUP LIFE INSURANCE.—Notwithstanding any 
other provision of this Act, the Federal share of 
compensation under the Program paid, pursu-
ant to subsection (h)(1), by the Secretary for 
insured losses of an insurer resulting from cov-
erage of any single certificate holder under any 
group life insurance coverages of the insurer 
may not during any additional Program Year 
exceed $1,000,000. 
‘‘(E) PROHIBITION ON DUPLICATIVE COM-
PENSATION.—The Federal share of compensa-
tion for insured losses under the Program shall
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-
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:
‘‘(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 ter-
rorism with respect to which there has 
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— 
‘‘(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
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
‘‘(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
‘‘(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
losses from acts of terrorism under this para-
graph. 
‘‘(E) FEDERAL COURT JURISDICTION AND 
VENUE IN CASES OF NO FEDERAL COMPENSA-
TION.—In the case of any act of terrorism with 
respect to which there has not been enacted a 
joint resolution for payment of Federal com-
pensation described in subsection (h)(2)— 
‘‘(i) all claims relating to or arising 
out of an insurer’s financial responsibility 
for insured losses from such act of ter-
rorism shall be within the original and ex-
clusive jurisdiction of the district courts of 
the United States, in accordance with the 
procedures established in clause (iii); 
‘‘(ii) all pending State court actions 
that relate to or arise out of an insurer’s 
financial responsibility for insured losses 
from such act of terrorism shall be re-
moved to a district court of the United 
States in accordance with clause (iii); and 
‘‘(iii) not later than 90 days after the 
Secretary’s certification of such act of ter-
rorism, the Judicial Panel on Multidistrict 
Litigation shall designate one district court
or, if necessary, multiple district courts of 
the United States that shall have original 
and exclusive jurisdiction over all actions 
for any claim relating to or arising out of 
an insurer’s financial responsibility for in-
sured losses from such act of terrorism. 
‘‘(4) NOTICES
REGARDING
LOSSES
AND
AN-
NUAL LIABILITY CAP.— 
‘‘(A) APPROACHING CAP.—If the Secretary 
determines estimated or actual aggregate Fed-
eral compensation to be paid pursuant to para-
graph (1) equals or exceeds $80,000,000,000 
during any Program Year, the Secretary shall 
promptly provide notification in accordance with 
subparagraph (D)— 
‘‘(i) of such estimated or actual aggre-
gate Federal compensation to be paid; 
‘‘(ii) of the likelihood that such aggre-
gate Federal compensation to be paid for 
such Program Year will equal or exceed 
$100,000,000,000; and 
‘‘(iii) that, pursuant to paragraph 
(2)(A)(ii), insurers are not required to 
make payments of excess insured losses.