Page:United States Statutes at Large Volume 115 Part 1.djvu/668

 115 STAT. 646 PUBLIC LAW 107-71—NOV. 19, 2001 49 USC 40101 note. 49 USC 40101 note. "(a) IN GENERAL. — " (1) LIABILITY LIMITED TO INSURANCE COVERAGE.—Notwithstanding any other provision of law, Hability for all claims, whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person. " (2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.— Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice and an opportunity for a hearing on the record, that the person has defaulted willfully on a contractual obligation to rebuild, or assist in the rebuilding of, the World Trade Center. " (3) LIMITATIONS ON LIABILITY FOR NEW YORK CITY.— Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft crashes of September 11, 2001, against the City of New York shall not exceed the greater of the city's insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this Act, submits a claim under section 405, 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 September 11, 2001, including any such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations."; and (3) by adding at the end of subsection (c) the following: "Subsections (a) and (b) do not apply to civil actions to recover collateral source obligations. Nothing in this section shall in any way limit any liability of any person who is engaged in the business of providing air transportation security and who is not an airline or airport sponsor or director, officer, or employee of an airline or airport sponsor.". (c) LIMITATION OF UNITED STATES SUBROGATION RIGHT.— Section 409 of that Act is amended by striking "title." and inserting "title, subject to the limitations described in section 408.". (d) DEFINITIONS.— Section 402 of that Act is amended— (1) by adding at the end of paragraph (1) the following: "The term 'air carrier' does not include a person, other than an air carrier, engaged in the business of providing air transportation security.". (2) by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively; and

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