SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT.

(a) Federal Cause of Action.--

(1) In general.--There shall exist a Federal cause

of action for claims arising out of, relating to, or

resulting from an act of terrorism when qualified anti-

terrorism technologies have been deployed in defense

against or response or recovery from such act and such

claims result or may result in loss to the Seller. The

substantive law for decision in any such action shall

be derived from the law, including choice of law

principles, of the State in which such acts of

terrorism occurred, unless such law is inconsistent

with or preempted by Federal law. Such Federal cause of

action shall be brought only for claims for injuries

that are proximately caused by sellers that provide

qualified anti-terrorism technology to Federal and non-

Federal government customers.

(2) Jurisdiction.--Such appropriate district court

of the United States shall have original and exclusive

jurisdiction over all actions for any claim for loss of

property, personal injury, or death arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies have been

deployed in defense against or response or recovery

from such act and such claims result or may result in

loss to the Seller.

(b) Special Rules.--In an action brought under this section

for damages the following provisions apply:

(1) Punitive damages.--No punitive damages intended

to punish or deter, exemplary damages, or other damages

not intended to compensate a plaintiff for actual

losses may be awarded, nor shall any party be liable

for interest prior to the judgment.

(2) Noneconomic damages.--

(A) In general.--Noneconomic damages may be

awarded against a defendant only in an amount

directly proportional to the percentage of

responsibility of such defendant for the harm

to the plaintiff, and no plaintiff may recover

noneconomic damages unless the plaintiff

suffered physical harm.

(B) Definition.--For purposes of

subparagraph (A), the term ``noneconomic

damages'' means damages for losses for physical

and emotional pain, suffering, inconvenience,

physical impairment, mental anguish,

disfigurement, loss of enjoyment of life, loss

of society and companionship, loss of

consortium, hedonic damages, injury to

reputation, and any other nonpecuniary losses.

(c) Collateral Sources.--Any recovery by a plaintiff in an

action under this section shall be reduced by the amount of

collateral source compensation, if any, that the plaintiff has

received or is entitled to receive as a result of such acts of

terrorism that result or may result in loss to the Seller.

(d) Government Contractor Defense.--

(1) In general.--Should a product liability or

other lawsuit be filed for claims arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies approved by the

Secretary, as provided in paragraphs (2) and (3) of

this subsection, have been deployed in defense against

or response or recovery from such act and such claims

result or may result in loss to the Seller, there shall

be a rebuttable presumption that the government

contractor defense applies in such lawsuit. This

presumption shall only be overcome by evidence showing

that the Seller acted fraudulently or with willful

misconduct in submitting information to the Secretary

during the course of the Secretary's consideration of

such technology under this subsection. This presumption

of the government contractor defense shall apply

regardless of whether the claim against the Seller

arises from a sale of the product to Federal Government

or non-Federal Government customers.

(2) Exclusive responsibility.--The Secretary will

be exclusively responsible for the review and approval

of anti-terrorism technology for purposes of

establishing a government contractor defense in any

product liability lawsuit for claims arising out of,

relating to, or resulting from an act of terrorism when

qualified anti-terrorism technologies approved by the

Secretary, as provided in this paragraph and paragraph

(3), have been deployed in defense against or response

or recovery from such act and such claims result or may

result in loss to the Seller. Upon the Seller's

submission to the Secretary for approval of anti-

terrorism technology, the Secretary will conduct a

comprehensive review of the design of such technology

and determine whether it will perform as intended,

conforms to the Seller's specifications, and is safe

for use as intended. The Seller will conduct safety and

hazard analyses on such technology and will supply the

Secretary with all such information.

(3) Certificate.--For anti-terrorism technology

reviewed and approved by the Secretary, the Secretary

will issue a certificate of conformance to the Seller

and place the anti-terrorism technology on an Approved

Product List for Homeland Security.

(e) Exclusion.--Nothing in this section shall in any way

limit the ability of any person to seek any form of recovery

from any person, government, or other entity that--

(1) attempts to commit, knowingly participates in,

aids and abets, or commits any act of terrorism, or any

criminal act related to or resulting from such act of

terrorism; or

(2) participates in a conspiracy to commit any such

act of terrorism or any such criminal act.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 173 / 282 题