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the Internal Revenue Code of 1986 any compensation received
under section 101(a)(2) of this Act.
TITLE IV—VICTIM COMPENSATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘September 11th Victim Com-
pensation Fund of 2001’’.
SEC. 402. DEFINITIONS.
In this title, the following definitions apply:
(1) AIR CARRIER.—The term ‘‘air carrier’’ means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes employees
and agents of such citizen.
(2) AIR TRANSPORTATION.—The term ‘‘air transportation’’
means foreign air transportation, interstate air transportation,
or the transportation of mail by aircraft.
(3) CLAIMANT.—The term ‘‘claimant’’ means an individual
filing a claim for compensation under section 405(a)(1).
(4) COLLATERAL
SOURCE.—The term ‘‘collateral source’’
means all collateral sources, including life insurance, pension
funds, death benefit programs, and payments by Federal, State,
or local governments related to the terrorist-related aircraft
crashes of September 11, 2001.
(5) ECONOMIC LOSS.—The term ‘‘economic loss’’ means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death, burial
costs, and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under applicable
State law.
(6) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible individual’’
means an individual determined to be eligible for compensation
under section 405(c).
(7) NONECONOMIC LOSSES.—The term ‘‘noneconomic losses’’
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish, disfigure-
ment, loss of enjoyment of life, loss of society and companion-
ship, loss of consortium (other than loss of domestic service),
hedonic damages, injury to reputation, and all other nonpecu-
niary losses of any kind or nature.
(8) SPECIAL MASTER.—The term ‘‘Special Master’’ means
the Special Master appointed under section 404(a).
SEC. 403. PURPOSE.
It is the purpose of this title to provide compensation to any
individual (or relatives of a deceased individual) who was physically
injured or killed as a result of the terrorist-related aircraft crashes
of September 11, 2001.
SEC. 404. ADMINISTRATION.
(a) IN GENERAL.—The Attorney General, acting through a Spe-
cial Master appointed by the Attorney General, shall—
(1) administer the compensation program established under
this title;
H. R. 2926—9
(2) promulgate all procedural and substantive rules for
the administration of this title; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this title.
(b) 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 title.
SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) FILING OF CLAIM.—
(1) IN GENERAL.—A claimant may file a claim for compensa-
tion under this title with the Special Master. The claim shall
be on the form developed under paragraph (2) and shall state
the factual basis for eligibility for compensation and the amount
of compensation sought.
(2) CLAIM FORM.—
(A) IN
GENERAL.—The Special Master shall develop
a claim form that claimants shall use when submitting
claims under paragraph (1). The Special Master shall
ensure that such form can be filed electronically, if deter-
mined to be practicable.
(B) CONTENTS.—The form developed under subpara-
graph (A) shall request—
(i) information from the claimant concerning the
physical harm that the claimant suffered, or in the
case of a claim filed on behalf of a decedent information
confirming the decedent’s death, as a result of the
terrorist-related aircraft crashes of September 11,
2001;
(ii) information from the claimant concerning any
possible economic and noneconomic losses that the
claimant suffered as a result of such crashes; and
(iii) information regarding collateral sources of
compensation the claimant has received or is entitled
to receive as a result of such crashes.
(3) LIMITATION.—No claim may be filed under paragraph
(1) after the date that is 2 years after the date on which
regulations are promulgated under section 407.
(b) REVIEW AND DETERMINATION.—
(1) REVIEW.—The Special Master shall review a claim sub-
mitted under subsection (a) and determine—
(A) whether the claimant is an eligible individual 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 noneconomic losses; and
(ii) the amount of compensation to which the claim-
ant 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.
H. R. 2926—10
(3) DETERMINATION.—Not later than 120 days after that
date on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and
provide written notice 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 judicial review.
(4) RIGHTS OF CLAIMANT.—A claimant in a review under
paragraph (1) shall have—
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the presen-
tation of witnesses and documents; and
(C) any other due process rights determined appro-
priate by the Special Master.
(5) NO PUNITIVE DAMAGES.—The Special Master 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 determined under para-
graph (1)(B)(ii) by the amount of the collateral source compensa-
tion 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 determined 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 Pentagon (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 Airlines 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 representative of such
individual shall not be eligible to receive compensation
under this title; or
(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal rep-
resentative 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.—
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(i) IN GENERAL.—Upon the submission of a claim
under this title, the claimant waives the right to file
a civil action (or to be a party to an action) in any
Federal or State court for damages sustained as a
result of the terrorist-related aircraft crashes of Sep-
tember 11, 2001. The preceding sentence does not apply
to a civil action to recover collateral source obligations.
(ii) PENDING ACTIONS.—In the case of an individual
who is a party to a civil action described in clause
(i), such individual 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 Master regarding
the amount of compensation due a claimant under this title, the
Special Master shall authorize payment to such claimant of the
amount determined with respect 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 authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities 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 paragraph (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 regula-
tions 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 provision of law,
liability for all claims, whether for compensatory or punitive dam-
ages, arising from the terrorist-related aircraft crashes of September
11, 2001, against any air carrier shall not be in an amount greater
than the limits 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
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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 exclusive 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 actions 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 conjunction with
this Act in order to restore public confidence in the airline industry.
SEC. 502. CONGRESSIONAL COMMITMENT.
Congress is committed to act expeditiously, in consultation
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 amendment made
by this Act) or the application thereof to any person or circumstance
is held invalid, the remainder of this Act (including any amendment