§ 402. DEFINITIONS.
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/usc/title-49/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
“In this title, the following definitions apply: 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 (including persons engaged in the business of providing air transportation security and their affiliates) of such citizen. For purposes of the preceding sentence, the term ‘agent’, as applied to persons engaged in the business of providing air transportation security, shall only include persons that have contracted directly with the Federal Aviation Administration on or after and commenced services no later than February 17, 2002 , to provide such security, and had not been or are not debarred for any period within 6 months from that date.
Air transportation .— The term ‘air transportation’ means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. Aircraft manufacturer .— The term ‘aircraft manufacturer’ means any entity that manufactured the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes of September 11, 2001 , including employees and agents of that entity. Airport sponsor .— The term ‘airport sponsor’ means the owner or operator of an airport (as defined in section 40102 of title 49 , United States Code).
Claimant .— The term ‘claimant’ means an individual filing a claim for compensation under section 405(a)(1). 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 , or debris removal, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act [probably means section 3301 of the Public Health Service Act, 42 U.S.C. 300mm ], and payments made pursuant to the settlement of a civil action described in section 405(c)(3)(C)(iii).
Contractor and subcontractor .— The term ‘contractor and subcontractor’ means any contractor or subcontractor (at any tier of a subcontracting relationship), including any general contractor, construction manager, prime contractor, consultant, or any parent, subsidiary, associated or allied company, affiliated company, corporation, firm, organization, or joint venture thereof that participated in debris removal at any 9/11 crash site. Such term shall not include any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center, on September 11, 2001 , whether fee simple, leasehold or easement, direct or indirect.
Debris removal .— The term ‘debris removal’ means rescue and recovery efforts, removal of debris, cleanup, remediation, and response during the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001 , with respect to a 9/11 crash site. Economic loss .— The term ‘economic loss’ means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss) to the extent recovery for such loss is allowed under applicable State law.
Eligible individual .— The term ‘eligible individual’ means an individual determined to be eligible for compensation under section 405(c). Immediate aftermath .— The term ‘immediate aftermath’ means any period beginning with the terrorist-related aircraft crashes of September 11, 2001 , and ending on May 30, 2002 . Noneconomic losses .— The term ‘noneconomic losses’ means 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 (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
Special master .— The term ‘Special Master’ means the Special Master appointed under section 404(a). WTC program administrator .— The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act ( 42 U.S.C. 300mm–5 ). WTC-related physical health condition .— The term ‘WTC-related physical health condition’— means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a) ), including the conditions listed in section 3322(b) of such Act ( 42 U.S.C. 300mm–32(b) ); and does not include— a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act ( 42 U.S.C. 300mm–22(a) ); any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act ( 42 U.S.C. 300mm–22(b)(2)(B)(iii) ) (including such certification as applied under section 3322(a) of such Act ( 42 U.S.C. 300mm–32(a) ); a mental health condition described in section 3322(b)(2) of such Act ( 42 U.S.C. 300mm–32(b)(2) ); or any other mental health condition. crash site .— The term ‘9/11 crash site’ means— the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site; the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001 ; the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River; any area related to, or along, routes of debris removal, such as barges and Fresh Kills.
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- 42 USC 300mm–5
- 42 USC 300mm–22(a)
- 42 USC 300mm–32(b)
- 42 USC 300mm–22(b)(2)(B)(iii)
- 42 USC 300mm–32(a)
- 42 USC 300mm–32(b)(2)
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§ 402
DEFINITIONS.
Cite42 USC 300mm–5
Cite42 USC 300mm–22(a)
Cite42 USC 300mm–32(b)
Cite42 USC 300mm–22(b)(2)(B)(iii)
Cite42 USC 300mm–32(a)
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