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
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
all 0 arguments · sorted by: best
no arguments yet — make the first case