Page:United States Statutes at Large Volume 115 Part 1.djvu/261

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PUBLIC LAW 107-42—SEPT. 22, 2001 115 STAT. 239 (3) DETERMINATION.—Not later than 120 days after that Deadline. date on which a claim is filed under subsection (a), the Special Notification. 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 paragraph (l)(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 be an 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 Shanksville, 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.—