124 STAT. 3664 PUBLIC LAW 111–347—JAN. 2, 2011 ‘‘(B) If there are no funds available as described in subparagraph (A) or (B) of paragraph (4), the funds described in subparagraph (C) of such paragraph. ‘‘(C) If there are no funds available as described in subparagraph (A), (B), or (C) of paragraph (4), the funds described in subparagraph (D) of such paragraph. ‘‘(D) If there are no funds available as described in subparagraph (A), (B), (C), or (D) of paragraph (4), the funds described in subparagraph (E) of such paragraph. ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND DIRECT ACTION.—Any claimant to a claim or action to which paragraph (4) applies may, with respect to such claim or action, either file an action for a declaratory judgment for insurance coverage or bring a direct action against the insurance company involved, except that no such action for declaratory judgment or direct action may be commenced until after the funds available in subparagraph (A), (B), (C), and (D) of paragraph (5) have been exhausted consistent with the order described in such para- graph for payment.’’. SEC. 205. FUNDING; ATTORNEY FEES. Section 406 of the Air Transportation Safety and System Sta- bilization Act (49 U.S.C. 40101 note) is amended— (1) in subsection (a), by striking ‘‘Not later than’’ and inserting ‘‘Subject to the limitations under subsection (d), not later than’’; (2) in subsection (b)— (A) by inserting ‘‘in the amounts provided under sub- section (d)(1)’’ after ‘‘appropriations Acts’’; and (B) by inserting ‘‘subject to the limitations under sub- section (d)’’ before the period; and (3) by adding at the end the following new subsections: ‘‘(d) LIMITATION.— ‘‘(1) IN GENERAL.—The total amount of Federal funds paid for compensation under this title, with respect to claims filed on or after the date on which the regulations are updated under section 407(b), shall not exceed $2,775,000,000. Of such amounts, not to exceed $875,000,000 shall be available to pay such claims during the 5-year period beginning on such date. ‘‘(2) PRO-RATION AND PAYMENT OF REMAINING CLAIMS.— ‘‘(A) IN GENERAL.—The Special Master shall ratably reduce the amount of compensation due claimants under this title in a manner to ensure, to the extent possible, that— ‘‘(i) all claimants who, before application of the limitation under the second sentence of paragraph (1), would have been determined to be entitled to a pay- ment under this title during such 5-year period, receive a payment during such period; and ‘‘(ii) the total amount of all such payments made during such 5-year period do not exceed the amount available under the second sentence of paragraph (1) to pay claims during such period. ‘‘(B) PAYMENT OF REMAINDER OF CLAIM AMOUNTS.— In any case in which the amount of a claim is ratably reduced pursuant to subparagraph (A), on or after the first day after the 5-year period described in paragraph Deadline. Time period. Time period.
