108 STAT. 1576 PUBLIC LAW 103-305—AUG. 23, 1994 "(5) In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000. ". (2) ADMINISTRATIVE PENALTY.— Section 46301(d)(2) is amended by striking "or 46303" and inserting "46303, or 47107(b) (as further defined by the Secretary under section 47107(1) and including any assurance made under section 47107(b))". (3) PROCEDURES.— Section 46301(d)(7) is amended by adding at the end the following: "(D) In the case of a violation of section 47107(b) of this title or any assurance made under such section— "(i) a civil penalty shall not be assessed against an individual; "(ii) a civil penalty may be compromised as provided under subsection (f); and "(iii) judicial review of any order assessing a civil penalty may be obtained only pursuant to section 46110 of this title.". (d) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING DISCRETIONARY GRANTS.—Section 47115 is amended by adding at the end the following new subsection: "(f) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING DISCRETIONARY GRANTS.— "(1) GENERAL RULE.—Subject to paragraph (2), in deciding whether or not to distribute funds to an airport from the discretionary funds established by subsection (a) of this section and section 47116 of this title, the Secretary shall consider as a factor militating against the distribution of such funds to the airport the fact that the airport is using revenues generated by the airport or by local taxes on aviation fuel for purposes other than capital or operating costs of the airport or the local airports system or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property. "(2) REQUIRED FINDING. — Paragraph (1) shall apply only when the Secretary finds that the amount of revenues used by the airport for purposes other than capital or operating costs in the airport's fiscal year preceding the date of the application for discretionary funds exceeds the amount of such revenues in the airport's first fiscal year ending after the date of the enactment of this subsection, adjusted by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.". (e) UNREASONABLE BURDEN ON INTERSTATE COMMERCE.— Section 40116(d)(2)(A) is amended by adding at the end the following: "(iv) Levy or collect a tax, fee, or charge, first taking effect after the date of the enactment of this clause, exclusively upon any business located at a commercial service airport or operating as a permittee of such an airport other than a tax, fee, or charge wholly utilized for airport or aeronautical purposes.".
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