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VICTIMS’ COMPENSATION PLAN
ADDED TO AIRLINE RELIEF PACKAGE
(FRI., SEPT. 21) – Senate and
House leadership and the White House, negotiating through the night, hammered
out a deal on the airline relief package (that the House is expected to take up
TODAY [Friday]) THAT INCLUDES THE LEAHY PROPOSAL FOR A COMPENSATION PROGRAM FOR
ALL 9/11/01 VICTIMS SUFFERING PHYSICAL INJURY OR DEATH AND CAPPING THE AIRLINES'
LIABILITY FOR THE ATTACKS AT THE INDUSTRY'S INSURANCE LIMITS. Sen. Patrick
Leahy, chairman of the Senate Judiciary Committee, proposed the compensation
program in meetings yesterday with airline representatives, and the Leahy plan
last night was endorsed and advanced by the bipartisan Senate and House
leadership, Sen. Orrin Hatch, Sen. Herb Kohl, Sen. Mike DeWine, Sen. Charles
Schumer, Sen. Hillary Rodham Clinton and others involved with Leahy in the
negotiations. Following is a summary of the compensation fund provisions and (in
att'd document) the bill language.
FACT SHEET --
ESTABLISHMENT
OF A SEPT. 11 VICTIMS' COMPENSATION FUND
Creation of the September 11
Victims' Compensation Program
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Congress shall authorize and
appropriate such funds as may be necessary to compensate any victims or
their families with physical injury or wrongful death claims arising out of
the terrorist-related airline crashes in the United States on September 11,
2001.
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To be eligible for
compensation, applicants will need to provide information about the harm
they suffered or death linked to the terrorist-related airline crashes on
September 11, 2001. Applicants will not be required to prove negligence or
any other theory of liability.
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The Department of Justice
shall supervise the program and the Senate shall confirm a Special Master to
administer the program to determine victim compensation.
Quick Review and Payment of
Claims for Compensation
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The Special Master shall make
a final determination of the applicant's eligibility for compensation and
appropriate level of compensation within 120 days of having received the
application.
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In all cases, the
compensation shall be paid within 20 days of the final determination.
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Filing of a claim under the
program will preempt all other civil remedies available under federal or
state law for the same physical injury or wrongful death suffered as a
result of the September 11th, 2001, terrorist acts.
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Payments to victims will be
tax free.
Airline Liability Limits
- The liability of the airlines involved in the
terrorist-related airline crashes on September 11, 2001, shall be limited to
the amount of insurance coverage they have for such incidents and all cases
consolidated in the Southern District of New York.
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