(d) LIMITATIONS ON NONECONOMIC LOSS.—Section 405(b)(7)(A) of the of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— 

(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II) respectively, and adjusting the margins accordingly; 

(e) ADJUSTMENT OF ANNUAL GROSS INCOME LIMITATION.—Sec- tion 405(b)(7)(B)(ii) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 40101 note) is amended by striking ‘‘$200,000.’’ and inserting ‘‘the annual gross income limitation. The 

Act, pay to the claimant an amount that is, as deter- mined by the Special Master, equal to the difference between— 

‘‘(I) the amount the claimant would have been paid under this title if sufficient funding was avail- able to the Special Master at the time the Special Master determined the amount due the claimant under this title; and 

‘‘(II) the amount the claimant was paid under this title. 

‘‘(ii) DEFINITIONS.—For purposes of this subpara- graph: 

‘‘(I) INSUFFICIENT FUNDING.—The term ‘insuffi- cient funding’ means funding— 

‘‘(II) SUFFICIENT FUNDING.—The term ‘suffi- cient funding’ means funding— 

(2) by striking ‘‘With respect to’’ and inserting the following: 

‘‘(i) IN GENERAL.—Except as provided in clause (ii), with respect to’’; and 

(3) by adding at the end the following: 

‘‘(ii) EXCEPTION.—The Special Master may exceed the applicable limitation in clause (i) for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents spe- cial circumstances.’’. 

‘‘(aa) that is available to the Special Master under section 410(c) on the day before the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii); and 

‘‘(bb) that the Special Master determines is insufficient for purposes of compensating all such claims and complying with subpara- graph (A). 

‘‘(aa) made available to the Special Master for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii) through an Act of Congress that is enacted after the date on which the amount of the claim described in clause (i) has been reduced; and 

‘‘(bb) that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.’’. 

Determination. 

49 USC 40101 note. 

