31 U.S.C. § 6713 — Suspension and termination of payments in discrimination proceedings
submitted 32 years ago by Pub. L. 103-322 to r/title-31-MONEY-AND-FINANCE · 401 words · no verdicts yet
This section states when the Secretary must suspend payments to a local government in a discrimination proceeding and when suspended or terminated payments may resume. It also addresses reversal of discrimination findings and restitution as compliance.
(a) Imposition and continuation of suspensions. (1) The Secretary must suspend payments under this chapter to a unit of general local government (A) if an administrative law judge issues a preliminary decision that the government is unlikely to prove compliance with section 6711(a) and (b); (B) if the judge decides at the end of the proceeding that the government did not comply with section 6711(a) or (b), unless the government makes a section 6714 compliance agreement within 30 days; or (C) when section 6712(c) requires it. (2) A suspension ordered under subparagraph (A) continues if the judge later makes the decision under subparagraph (B).
(b) Lifting of suspensions and terminations. If an appellate court reverses a discrimination holding, a suspension or termination based on that holding must end.
(c) Resumption upon compliance. The Secretary may resume suspended payments only (1) at the time and under the conditions of (A) the Secretary’s approval of a section 6714(a)(1) agreement or (B) an agreement entered into under section 6714(a)(2); (2) when the government completely complies with a United States court, State court, or administrative law judge order covering all matters in the notice of noncompliance; (3) when such a court or judge decides that the government complied with sections 6711(a) and (b); or (4) when a suspension ends under subsection (b).
(d) Payment of damages as compliance. For subsection (c)(2), compliance may include restitution paid to a person injured by the government’s failure to comply with section 6711(a) or (b).
(e) Resumption after court reversal. The Secretary may resume payments terminated under section 6712(d)(2)(A) only when an appellate court reverses the decision causing the termination.
The Secretary shall suspend payment under this chapter to a unit of general local government—
if an administrative law judge appointed under section 3105 of title 5, United States Code, issues a preliminary decision in a proceeding under section 6712(d)(1) that the government is not likely to prevail in showing compliance with section 6711(a) and (b);
if the administrative law judge decides at the end of the proceeding that the government has not complied with section 6711(a) or (b), unless the government makes a compliance agreement under section 6714 by the 30th day after the decision; or
if required under section 6712(c).
A suspension already ordered under paragraph (1)(A) continues in effect if the administrative law judge makes a decision under paragraph (1)(B).
If a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding based on the holding shall be discontinued.
The Secretary may resume payment to a unit of general local government of payments suspended by the Secretary only—
as of the time of, and under the conditions stated in—
the approval by the Secretary of a compliance agreement under section 6714(a)(1); or
a compliance agreement entered into by the Secretary under section 6714(a)(2);
if the government complies completely with an order of a United States court, a State court, or administrative law judge that covers all matters raised in a notice of noncompliance submitted by the Secretary under section 6712(a);
if a United States court, a State court, or an administrative law judge decides (including a judge in a proceeding under section 6712(d)(1)), that the government has complied with sections 1 6711(a) and (b); or
if a suspension is discontinued under subsection (b).
For purposes of subsection (c)(2), compliance by a government may consist of the payment of restitution to a person injured because the government did not comply with section 6711(a) or (b).
The Secretary may resume payment to a unit of general local government of payments terminated under section 6712(d)(2)(A) only if the decision resulting in the termination is reversed by an appellate court.
Source credit: (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1876.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1876
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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