Page:United States Statutes at Large Volume 114 Part 1.djvu/621

 PUBLIC LAW 106-246—JULY 13, 2000 114 STAT. 585 (3) OPTION TO APPOINT INDEPENDENT CLAIMS MANAGER. — The Director may appoint an Indepiendent Claims Manager to— (A) head the Office; and (B) assume the duties of the Director under this title. (b) SUBMISSION OF CLAIMS. — Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Director a written claim for one or more injuries suffered by the injured person in accordance with such requirements as the Director determines to be appropriate. (c) INVESTIGATION OF CLAIMS.— (1) IN GENERAL. —The Director shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under subsection (b). (2) APPLICABILITY OF STATE LAW.— Except as otherwise provided in this title, the laws of the State of New Mexico shall apply to the calculation of damages under subsection (d)(4). (3) EXTENT OF DAMAGES.— Any payment under this title— (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include— (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) PAYMENT OF CLAIMS.— (1) DETERMINATION AND PAYMENT OF AMOUNT.— (A) IN GENERAL.— (i) PAYMENT.— Not later than 180 days after the date on which a claim is submitted under this title, the Director shall determine and fix the amount, if any, to be paid for the claim. (ii) PRIORITY. —The Director, to the maximum extent practicable, shall pay subrogation claims submitted under this title only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees. (B) PARAMETERS OF DETERMINATION.— In determining and settling a claim under this title, the Director shall determine only— (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the fire; (iii) the amount, if any, to be allowed and paid under this title; and (iv) the person or persons entitled to receive the amount. (C) INSURANCE AND OTHER BENEFITS.— (i) IN GENERAL. —In determining the amount of, and paying, a claim under this title, to prevent recovery by a claimant in excess of actual compensatory damages, the Director shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim.

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