242 
the WTC Captive Insurance Company 
insurance policy. 
‘‘(C) As it relates to the limitation 
of liability of the City of New York, 
the amount that is the greater of the 
City of New York’s insurance cov-
erage or $350,000,000. In determining 
the amount of the City’s insurance 
coverage for purposes of the previous 
sentence, any amount described in 
clauses (i) and (ii) shall not be in-
cluded. 
‘‘(D) As it relates to the limitation 
of liability of any entity, including 
the Port Authority of New York and 
New Jersey, with a property interest 
in the World Trade Center on Sep-
tember 11, 2001 (whether fee simple, 
leasehold or easement, or direct or in-
direct), the amount of all available li-
ability 
insurance 
coverage 
main-
tained by any such entity. 
‘‘(E) As it relates to the limitation 
of liability of any individual con-
tractor or subcontractor, the amount 
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of all available liability insurance 
coverage maintained by such con-
tractor or subcontractor on Sep-
tember 11, 2001. 
‘‘(5) PRIORITY
OF
CLAIMS
PAYMENTS.— 
Payments to plaintiffs who obtain a set-
tlement or judgment with respect to a 
claim or action to which paragraph (4)(A) 
applies, shall be paid solely from the fol-
lowing funds in the following order, as 
may be applicable: 
‘‘(A) The funds described in clause 
(i) or (ii) of paragraph (4)(A). 
‘‘(B) If there are no funds avail-
able as described in clause (i) or (ii) 
of paragraph (4)(A), the funds de-
scribed in clause (iii) of such para-
graph. 
‘‘(C) If there are no funds avail-
able as described in clause (i), (ii), or 
(iii) of paragraph (4)(A), the funds de-
scribed in clause (iv) of such para-
graph. 
‘‘(D) If there are no funds avail-
able as described in clause (i), (ii), 
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(iii), or (iv) of paragraph (4)(A), the 
funds described in clause (v) of such 
paragraph. 
‘‘(6) DECLARATORY
JUDGMENT
ACTIONS 
AND DIRECT ACTION.—Any party to a claim 
or action to which paragraph (4)(A) ap-
plies may, with respect to such claim or 
action, either file an action for a declara-
tory judgment for insurance coverage or 
bring a direct action against the insur-
ance company involved.’’. 
SEC. 205. FUNDING; ATTORNEY FEES. 
Section 406 of the Air Transportation 
Safety and System Stabilization Act (49 U.S.C. 
40101 note) is amended— 
(1) in subsection (a), by striking ‘‘Not 
later than’’ and inserting ‘‘Subject to sub-
section (d), not later than’’; 
(2) in subsection (b), by striking ‘‘This 
title’’ and inserting ‘‘Subject to subsection 
(d), this title’’; and 
(3) by adding at the end the following 
new subsections: 
‘‘(d) LIMITATION.—The total payment of 
amounts for compensation under this title, 
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with respect to claims filed on or after the 
date on which the regulations are updated 
under 
section 
407(b), 
shall 
not 
exceed 
$8,400,000,000. 
‘‘(e) ATTORNEY FEES.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
any contract, and except as provided in 
paragraph (2), the representative of an 
individual may not charge, for services 
rendered in connection with the claim of 
an individual under this title, more than 
10 percent of an award made under this 
title on such claim. 
‘‘(2) EXCEPTION.—With respect to a 
claim made on behalf of an individual for 
whom a lawsuit was filed in the Southern 
District of New York prior to January 1, 
2009, in the event that the representative 
believes in good faith that the fee limit 
set by paragraph (1) will not provide ade-
quate compensation for services ren-
dered in connection with such claim be-
cause of the substantial amount of legal 
work provided on behalf of the claimant 
(including work performed before the en-
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actment of this legislation), application 
for greater compensation may be made to 
the Special Master. Upon such applica-
tion, the Special Master may, in his or 
her discretion, award as reasonable com-
pensation 
for 
services 
rendered 
an 
amount greater than that allowed for in 
paragraph (1). Such fee award will be 
final, binding, and non-appealable.’’. 
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