--- kind: "section" citation: "6 U.S.C. § 442" title: "6" title_heading: "Domestic Security" number: "442" heading: "Litigation management" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/6/442" units: - "Chapter 1 — Homeland Security Organization" - "Subchapter VIII — Coordination with Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions" - "Part G — Support Anti-Terrorism by Fostering Effective Technologies" --- # §442. Litigation management - (a) **Federal cause of action—** - (1) **In general—** There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) have been deployed in defense against or response or recovery from such act and such claims result or may result in [loss](/usc/6/444.md?p=5) to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the [State](/usc/6/101.md?p=17) in which such acts of [terrorism](/usc/6/101.md?p=18) occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers[^1] that provide [qualified anti-terrorism technology](/usc/6/444.md?p=1) to Federal and non-Federal government[^2] customers. - (2) **Jurisdiction—** Such appropriate district court of the [United States](/usc/6/101.md?p=19-A) shall have original and exclusive jurisdiction over all actions for any claim for [loss](/usc/6/444.md?p=5) of property, personal injury, or death arising out of, relating to, or resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) have been deployed in defense against or response or recovery from such act and such claims result or may result in [loss](/usc/6/444.md?p=5) to the Seller. - (b) **Special rules—** In an action brought under this section for damages the following provisions apply: - (1) **Punitive damages—** No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual [losses](/usc/6/444.md?p=5) may be awarded, nor shall any party be liable for interest prior to the judgment. - (2) **Noneconomic damages—** - (A) **In general—** Noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of such defendant for the harm to the plaintiff, and no plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm. - (B) **Definition—** For purposes of [subparagraph (A)](#b-2-A), the term “noneconomic damages” means damages for [losses](/usc/6/444.md?p=5) for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, [loss](/usc/6/444.md?p=5) of enjoyment of life, [loss](/usc/6/444.md?p=5) of society and companionship, [loss](/usc/6/444.md?p=5) of consortium, hedonic damages, injury to reputation, and any other nonpecuniary [losses](/usc/6/444.md?p=5). - (c) **Collateral sources—** Any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is entitled to receive as a result of such acts of [terrorism](/usc/6/101.md?p=18) that result or may result in [loss](/usc/6/444.md?p=5) to the Seller. - (d) **Government contractor defense—** - (1) **In general—** Should a product liability or other lawsuit be filed for claims arising out of, relating to, or resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) approved by the [Secretary](/usc/6/101.md?p=16), as provided in paragraphs (2) and (3) of this subsection, have been deployed in defense against or response or recovery from such act and such claims result or may result in [loss](/usc/6/444.md?p=5) to the Seller, there shall be a rebuttable presumption that the government contractor defense applies in such lawsuit. This presumption shall only be overcome by evidence showing that the Seller acted fraudulently or with willful misconduct in submitting information to the [Secretary](/usc/6/101.md?p=16) during the course of the [Secretary](/usc/6/101.md?p=16)’s consideration of such technology under this subsection. This presumption of the government contractor defense shall apply regardless of whether the claim against the Seller arises from a sale of the product to Federal Government or [non-Federal Government customers](/usc/6/444.md?p=6). - (2) **Exclusive responsibility—** The [Secretary](/usc/6/101.md?p=16) will be exclusively responsible for the review and approval of anti-[terrorism](/usc/6/101.md?p=18) technology for purposes of establishing a government contractor defense in any product liability lawsuit for claims arising out of, relating to, or resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) approved by the [Secretary](/usc/6/101.md?p=16), as provided in this paragraph and [paragraph (3)](#d-3), have been deployed in defense against or response or recovery from such act and such claims result or may result in [loss](/usc/6/444.md?p=5) to the Seller. Upon the Seller’s submission to the [Secretary](/usc/6/101.md?p=16) for approval of anti-[terrorism](/usc/6/101.md?p=18) technology, the [Secretary](/usc/6/101.md?p=16) will conduct a comprehensive review of the design of such technology and determine whether it will perform as intended, conforms to the Seller’s specifications, and is safe for use as intended. The Seller will conduct safety and hazard analyses on such technology and will supply the [Secretary](/usc/6/101.md?p=16) with all such information. - (3) **Certificate—** For anti-[terrorism](/usc/6/101.md?p=18) technology reviewed and approved by the [Secretary](/usc/6/101.md?p=16), the [Secretary](/usc/6/101.md?p=16) will issue a certificate of conformance to the Seller and place the anti-[terrorism](/usc/6/101.md?p=18) technology on an Approved Product List for [Homeland](/usc/6/101.md?p=1) Security. - (e) **Exclusion—** Nothing in this section shall in any way limit the ability of any person to seek any form of recovery from any person, government, or other [entity](/usc/6/301c.md?p=2) that— - (1) attempts to commit, knowingly participates in, aids and abets, or commits any [act of terrorism](/usc/6/444.md?p=2-A), or any criminal act related to or resulting from such [act of terrorism](/usc/6/444.md?p=2-A); or - (2) participates in a conspiracy to commit any such [act of terrorism](/usc/6/444.md?p=2-A) or any such criminal act. ## Footnotes [^1]: So in original. Probably should be “Sellers”. [^2]: So in original. Probably should be “Government”. ## Source credit (Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116 Stat. 2239.)