Page:United States Statutes at Large Volume 110 Part 5.djvu/198

 110 STAT. 3272 PUBLIC LAW 104-264—OCT. 9, 1996 assistance) and the sponsors, owners, or operators (or other recipients) involved. "(2) CONTENT OF REVIEW. — A review conducted under paragraph (1) shall provide reasonable assurances that funds paid or transferred to sponsors are paid or transferred in a manner consistent with the applicable requirements of this chapter and any other applicable provision of law (including regulations promulgated by the Secretary or the Administrator). " (3) REQUIREMENTS FOR AUDIT REPORT. —The report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of airport funds paid or transferred to a sponsor, "(n) RECOVERY OF ILLEGALLY DIVERTED FUNDS. — "(1) IN GENERAL.—Not later than 180 days after the issuance of an audit or any other report that identifies an illegal diversion of airport revenues (as determined under subsections (b) and (1) and section 47133), the Secretary, acting through the Administrator, shall— "(A) review the audit or report; "(B) perform appropriate factfinding; and "(C) conduct a hearing and render a final determination concerning whether the illegal diversion of airport revenues asserted in the audit or report occurred. "(2) NOTIFICATION. —Upon making such a finding, the Secretary, acting through the Administrator, shall provide written notification to the sponsor and the airport of— " (A) the finding; and "(B) the obligations of the sponsor to reimburse the airport involved under this paragraph. "(3) ADMINISTRATIVE ACTION. —The Secretary may withhold any amount from funds that would otherwise be made available to the sponsor, including funds that would otherwise be made available to a State, municipality, or political subdivision thereof (including any multimodal transportation agency or transit authority of which the sponsor is a member entity) as part of an apportionment or grant made available pursuant to this title, if the sponsor— "(A) receives notification that the sponsor is required to reimburse an airport; and "(B) has had an opportunity to reimburse the airport, but has failed to do so. "(4) CIVIL ACTION. — I f a sponsor fails to pay an amount specified under paragraph (3) during the 180-day period beginning on the date of notification and the Secretary is unable to withhold a sufficient amount under paragraph (3), the Secretary, acting through the Administrator, may initiate a civil action under which the sponsor shall be liable for civil penalty in an amount equal to the illegal diversion in question plus interest (as determined under subsection (o)). "(5) DISPOSITION OF PENALTIES.— "(A) AMOUNTS WITHHELD. —The Secretary or the Administrator shall transfer any amounts withheld under paragraph (3) to the Airport and Airway Trust Fund. " (B) CIVIL PENALTIES. —With respect to any amount collected by a court in a civil action under paragraph (4), the court shall cause to be transferred to the Airport and

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