‘‘(I) the amount the claimant 
would have been paid under this title 
if sufficient funding was available 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 subparagraph: 
‘‘(I) INSUFFICIENT
FUNDING.— 
The term ‘insufficient funding’ means 
funding— 
‘‘(aa) that is available to the 
Special Master under section 
410(c), as in effect on the day 
before the date of enactment of 
this subparagraph, for purposes 
of compensating claims in Group 
B 
as 
described 
in 
section 
405(a)(3)(C)(iii); and 
‘‘(bb) that the Special Mas-
ter determines is insufficient for 
purposes of compensating all 
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such claims and complying with 
subparagraph (A). 
‘‘(II) SUFFICIENT
FUNDING.— 
The term ‘sufficient funding’ means 
funding— 
‘‘(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 Mas-
ter determines is sufficient for 
purposes of compensating all 
claims in such Group B.’’. 
(d) LIMITATIONS ON NONECONOMIC LOSS.—Section 
405(b)(7)(A) 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 sub-
clauses (I) and (II) respectively, and adjusting the 
margins accordingly; 
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(2) by striking ‘‘With respect to’’ and inserting 
the following: 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), with respect to’’; and 
(3) by adding at the end the following: 
‘‘(ii) EXCEPTION.—The Special Mas-
ter may exceed the applicable limitation 
under 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 special circumstances.’’. 
(e) ADJUSTMENT OF GROSS INCOME LIMITATION.— 
Section 405(b)(7)(B)(ii) of the Air Transportation Safety 
and System Stabilization Act (40 U.S.C. 40101 note) is 
amended— 
(1) by striking ‘‘In considering’’ and inserting 
the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), in considering’’; and 
(2) by adding at the end the following: 
‘‘(II) ADJUSTMENT.—The Spe-
cial Master shall adjust the amount of 
the limitation under subclause (I) not 
more frequently than once every 5 
years to reflect the percentage by 
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which the Consumer Price Index for 
All Urban Consumers published by 
the Department of Labor for the 
month of October immediately pre-
ceding the date of adjustment exceeds 
the Consumer Price Index for All 
Urban Consumers published by the 
Department of Labor for the month 
of October that immediately precedes 
the date that is 5 years before the 
date of adjustment.’’. 
Æ 
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