rdinarily large or
extraordinarily unquantifiable potential third party
liability risk exposure to the Seller or other provider
of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism
technology will not be deployed unless protections
under the system of risk management provided under this
subtitle are extended.
(5) Magnitude of risk exposure to the public if
such anti-terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can
be feasibly conducted in order to assess the capability
of the technology to substantially reduce risks of
harm.
(7) Anti-terrorism technology that would be
effective in facilitating the defense against acts of
terrorism, including technologies that prevent, defeat
or respond to such acts.
(c) Regulations.--The Secretary may issue such regulations,
after notice and comment in accordance with section 553 of
title 5, United States Code, as may be necessary to carry out
this subtitle.

SEC. 863. [6 U.S.C. 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 when qualified anti-
terrorism technologies have been deployed in defense
against or response or recovery from such act and such
claims result or may result in loss 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 in which such acts of
terrorism 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 that provide
qualified anti-terrorism technology to Federal and non-
Federal government customers.
(2) Jurisdiction.--Such appropriate district court
of the United States shall have original and exclusive
jurisdiction over all actions for any claim for loss of
property, personal injury, or death arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-te