Pub. L. 108-176, tit. I, subtit. C, sec. 146
APPORTIONMENTS TO PRIMARY AIRPORTS.
SEC. 146. APPORTIONMENTS TO PRIMARY AIRPORTS.(a) In General.—Section 47114(c)(1) is amended by adding at the end the following:“(F) Special rule for fiscal years 2004 and 2005.—Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the sponsor of the airport an amount equal to the amount apportioned to that sponsor in fiscal year 2002 or 2003, whichever amount is greater, if the Secretary finds that—“(i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003;“(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and“(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.”.(b) Special Rule for Transitioning Airports.—Section 47114(f)(3) is amended—(1) in the paragraph heading by striking “airorts” and inserting “airports”; and(2) in subparagraph (B) by striking “fiscal years 2000 through 2003” and inserting “fiscal year 2004”.