Page:United States Statutes at Large Volume 108 Part 2.djvu/859

 PUBLIC LAW 103-305—AUG. 23, 1994 108 STAT. 1575 "(C) payments in lieu of taxes or other assessments that exceed the value of services provided; or "(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates. "(3) EFFORTS TO BE SELF-SUSTAINING. —With respect to subsection (a)(13) of this section, policies and procedures to be established pursuant to paragraph (1) of this subsection shall take into account, at a minimum, whether owners and operators of airports, when entering into new or revised agreements or otherwise establishing rates, charges, and fees, have undertaken reasonable efforts to make their particular airports as self-sustaining as possible under the circumstances existing at such airports. "(4) ADMINISTRATIVE SAFEGUARDS. —Policies and procedures to be established pursuant to paragraph (1) shall mandate internal controls, auditing requirements, and increased levels of Department of Transportation personnel sufficient to respond fully and promptly to complaints received regarding possible violations of subsections (a)(13) and (b) of this section and grant assurances made under such subsections and to alert the Secretary to such possible violations.". (b) WITHHOLDING OF./^PROVAL OF APPLICATIONS FOR GRANTS OR PASSENGER FACILITY CHARGES; JUDICIAL ENFORCEMENT.—Section 47111 is amended by adding at the end the following: " (e) ACTION ON GRANT ASSURANCES CONCERNING AIRPORT REVENUES.—I f, after notice and opportunity for a hearing, the Secretary finds a violation of section 47107(b) of this title, as further defined by the Secretary under section 47107(1) of this title, or a violation of an assurance made under section 47107(b) of this title, and the Secretary has provided an opportunity for the airport sponsor to take corrective action to cure such violation, and such corrective action has not been taken within the period of time set by the Secretary, the Secretary shall withhold approval of any new grant application for funds under this chapter, or any proposed modification to an existing grant that would increase the amount of funds made available under this chapter to the airport sponsor, and withhold approval of any new application to impose a fee under section 40117 of this title. Such applications may thereafter be approved only upon a finding by the Secretary that such corrective action as the Secretary requires has been taken to address the violation and that the violation no longer exists. "(1) JUDICIAL ENFORCEMENT. —For any violation of this chapter or any grant assurance made under this chapter, the Secretary may apply to the district court of the United States for any district in which the violation occurred for enforcement. Such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or other process, mandatory or otherwise, restraining any person from further violation.". (c) CIVIL PENALTIES. — (1) GENERAL PENALTY.—Section 46301(a) is amended— (A) in paragraph (1) by striking "or 46303" and inserting "46303, 47107(b) (including any assurance made under such section)"; and (B) by adding at the end the following:

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