Homeland Security Act of 2002: Tort Liability Provisions (CRS Report for Congress)
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| Release Date |
Revised May 9, 2008 |
| Report Number |
RL31649 |
| Report Type |
Report |
| Authors |
Henry Cohen, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Homeland Security Act of 2002, P.L. 107-296 (H.R. 5005), contains the following provisions that limit tort liability, and this report examines each of them.
Section 304 immunizes manufacturers and administrators of smallpox vaccines from tort liability. It makes the United States liable, but not strictly liable, as manufacturers and administrators would be under state law. Rather, the United States will be liable only for the negligence of vaccine manufacturers and administrators.
Section 863 limits the tort liability of sellers of anti-terrorism technologies. It prohibits punitive damages, joint and several liability for noneconomic damages, and application of the collateral source rule; in addition, it permits the government contractor defense. Section 864 limits the tort liability of sellers of anti-terrorism technologies to the amount of liability insurance required by the Secretary of Homeland Security.
Section 890 limits the tort liability of air transportation security companies and their affiliates for claims arising from the September 11, 2001 air crashes. It limits it to the amount of their liability insurance coverage on that date.
Section 1201 limits the tort liability of air carriers for acts of terrorism committed on or to an air carrier. If the Secretary of Homeland Security certifies that an act of terrorism occurred, then air carriers shall not be liable for losses that exceed $100 million for all claims, but the government shall be liable for losses above that amount.
Section 1402 immunizes air carriers from liability arising out of a Federal flight deck officer's use or failure to use a firearm, and immunizes Federal flight deck officers from liability, except for gross negligence or willful misconduct, for acts or omissions in defending the flight deck of an aircraft.
Sections 1714-1717 limit the tort liability of manufacturers and administrators of the components and ingredients of various vaccines. They require victims to file a petition for limited no-fault recovery under the National Vaccine Injury Compensation Program before they may sue. These sections reportedly were designed to benefit pharmaceutical manufacturer Eli Lilly in suits against it concerning Thimerosal. Sections 1714-1717 were repealed by P.L. 108-7 (2003), Division L, §102.
