§ 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
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Filing of Claim.— 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. Claim form.— 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. Contents .— The form developed under subparagraph
(A)shall request— 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 , or debris removal during the immediate aftermath; information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes or debris removal during the immediate aftermath; and information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes or debris removal during the immediate aftermath. Limitation.— In general .— Except as provided by subparagraph (B), 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(a). Exception .— A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on October 1, 2090 . Special master determination.— In general .— For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is— a claim in Group A, as described in clause (ii); or a claim in Group B, as described in clause (iii). Group a claims .— A claim under this title is a claim in Group A if— the claim is filed under this title during the period described in subparagraph (B); and on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim. Group b claims .— A claim under this title is a claim in Group B if the claim— is filed under this title during the period described in subparagraph (B); and is not a claim described in clause (ii). Definition of final award determination .— For purposes of this subparagraph, the term ‘final award determination’ means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act. Review and Determination.— Review .— The Special Master shall review a claim submitted under subsection
(a)and determine— whether the claimant is an eligible individual under subsection (c); with respect to a claimant determined to be an eligible individual— the extent of the harm to the claimant, including any economic and noneconomic losses; and subject to paragraph (7), 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. Negligence .— With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. 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. Rights of claimant .— A claimant in a review under paragraph
(1)shall have— the right to be represented by an attorney; the right to present evidence, including the presentation of witnesses and documents; and any other due process rights determined appropriate by the Special Master. No punitive damages .— The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title. Collateral compensation.— In general .— The Special Master shall reduce the amount of compensation determined under paragraph (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 . Group b claims .— Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001 . Limitations for group b claims.— Noneconomic losses.— In general .— Except as provided in clause (ii), with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss— that results from any type of cancer shall not exceed $250,000; and that does not result from any type of cancer shall not exceed $90,000. Exception .— The Special Master may exceed the applicable limitation in clause
(i)for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents special circumstances. Determination of economic loss.— In general .— Subject to the limitation described in clause
(ii)and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [ Dec. 18, 2015 ]. Annual gross income limitation .— In considering annual gross income under clause
(i)for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than the annual gross income limitation. The annual gross income limitation in effect on the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act [ July 29, 2018 ] is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation. Gross income defined .— For purposes of this paragraph, the term ‘gross income’ has the meaning given such term in section 61 of the Internal Revenue Code of 1986 [ 26 U.S.C. 61 ]. Eligibility.— In general .— A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant— is an individual described in paragraph (2); and meets the requirements of paragraph (3). Individuals .— A claimant is an individual described in this paragraph if the claimant is— an individual who— was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), the site of the aircraft crash at Shanksville, Pennsylvania, or any other 9/11 crash site at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001 ; and suffered physical harm or death as a result of such an air crash or debris removal; 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 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. Requirements.— Requirements for filing claims during extended filing period.— Timing requirements for filing claims .— An individual (or a personal representative on behalf of a deceased individual) may file a claim during the period described in subsection (a)(3)(B) as follows: In the case that the Special Master determines the individual knew (or reasonably should have known) before the date specified in clause
(iii)that the individual suffered a physical harm at a 9/11 crash site as a result of the terrorist-related aircraft crashes of September 11, 2001 , or as a result of debris removal, and that the individual knew (or should have known) before such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the date that is 2 years after such specified date. In the case that the Special Master determines the individual first knew (or reasonably should have known) on or after the date specified in clause
(iii)that the individual suffered such a physical harm or that the individual first knew (or should have known) on or after such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the last day of the 2-year period beginning on the date the Special Master determines the individual first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title. Other eligibility requirements for filing claims .— Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual may file a claim during the period described in subsection (a)(3)(B) only if— the individual was treated by a medical professional for suffering from a physical harm described in clause (i)(I) within a reasonable time from the date of discovering such harm; and the individual’s physical harm is verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care. Date specified .— The date specified in this clause is the date on which the regulations are updated under section 407(b)(1). Group b claims.— In general .— Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act. Personal representatives .— An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act. Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual. 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 , or for damages arising from or related to debris removal. The preceding sentence does not apply to a civil action to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. 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— during the period described in subsection (a)(3)(A) 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(a); and during the period described in subsection (a)(3)(B) unless such individual withdraws from such action by the date that is 90 days after the date on which the regulations are updated under section 407(b)(1). Settled actions .— In the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003 , and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 [ Pub. L. 111–347 ] was enacted [ Jan. 2, 2011 ].
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