DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.— (1) In general.—A claimant may file a claim for compensation 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 determined to be practicable. (B) Contents.—The form developed under subparagraph (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 submitted 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 claimant 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. 115 STAT. 239 (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 presentation of witnesses and documents; and (C) any other due process rights determined appropriate 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 compensation 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 bean 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 Shanks Ville, Pennsylvania 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 representative 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.— 115 STAT. 240 (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 September 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.