Homeland Security Act of 2002: Tort Liability Provisions [Updated May 9, 2008]   [open pdf - 112KB]

This CRS report examines each of the "provisions that limit tort liability" in the "Homeland Security Act of 2002, P. L. 107-296 (H.R. 5005)." The specific provisions are as follows: 1.) "Section 304 immunizes manufacturers and administrators of smallpox vaccines from tort liability. 2.) Section 863 limits the tort liability of sellers of anti-terrorism technologies. 3.) 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. 4.) Section 1201 limits the tort liability of air carriers for acts of terrorism committed on or to an air carrier. 5.) 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. 6.) Sections 1714-1717 limit the tort liability of manufacturers and administrators of the components and ingredients of various vaccines. Tort liability is traditionally governed by state law, but Congress has the power to regulate it when it affects interstate commerce."

Report Number:
CRS Report for Congress, RL31649
Public Domain
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