Pub. L. 106-181, tit. I, subtit. C, sec. 152
TERMINAL DEVELOPMENT COSTS.
SEC. 152. TERMINAL DEVELOPMENT COSTS. (a) With Respect to Passenger Facility Charges.—Section 40117(a)(3) is further amended— (1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (2) by inserting after subparagraph (B) the following: “(C) for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997;”, (b) Nonprimary Commercial Service Airports.—Section 47119 is amended by adding at the end the following: “(d) Determination of Passenger Boarding at Commercial Service Airports.—For the purpose of determining whether an amount may be distributed for a fiscal year from the discretionary fund in accordance with subsection (b)(2)(A) to a commercial service airport, the Secretary shall make the determination of whether or not a public airport is a commercial service airport on the basis of the number of passenger boardings and type of air service at the public airport in the calendar year that includes the first day of such fiscal year or the preceding calendar year, whichever is more beneficial to the airport.”.