§ 6712. — Discrimination proceedings.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC6712]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 67--FEDERAL PAYMENTS
Sec. 6712. Discrimination proceedings
(a) Notice of Noncompliance.--By the 10th day after the Secretary
makes a finding of discrimination or receives a holding of
discrimination about a unit of general local government, the Secretary
shall submit a notice of noncompliance to the government. The notice
shall state the basis of the finding or holding.
(b) Informal Presentation of Evidence.--A unit of general local
government may present evidence informally to the Secretary within 30
days after the government receives a notice of noncompliance from the
Secretary. Except as provided in subsection (e), the government may
present evidence on whether--
(1) a person in the United States has been excluded or denied
benefits of, or discriminated against under, the program or activity
of the government, in violation of section 6711(a);
(2) the program or activity of the government violated a
prohibition described in section 6711(b); and
(3) any part of that program or activity has been paid for with
a payment received under this chapter.
(c) Temporary Suspension of Payments.--By the end of the 30-day
period under subsection (b), the Secretary shall decide whether the unit
of general local government has not complied with section 6711(a) or
(b), unless the government has entered into a compliance agreement under
section 6714. If the Secretary decides that the government has not
complied, the Secretary shall notify the government of the decision and
shall suspend payments to the government under this chapter unless,
within 10 days after the government receives notice of the decision, the
government--
(1) enters into a compliance agreement under section 6714; or
(2) requests a proceeding under subsection (d)(1).
(d) Administrative Review of Suspensions.--
(1) Proceeding.--A proceeding requested under subsection (c)(2)
shall begin by the 30th day after the Secretary receives a request
for the proceeding. The proceeding shall be before an administrative
law judge appointed under section 3105 of title 5, United States
Code. By the 30th day after the beginning of the proceeding, the
judge shall issue a preliminary decision based on the record at the
time on whether the unit of general local government is likely to
prevail in showing compliance with section 6711(a) or (b).
(2) Decision.--If the administrative law judge decides at the
end of a proceeding under paragraph (1) that the unit of general
local government has--
(A) not complied with section 6711(a) or (b), the judge may
order payments to the government under this chapter terminated;
or
(B) complied with section 6711(a) or (b), a suspension under
section 6713(a)(1)(A) shall be discontinued promptly.
(3) Likelihood of prevailing.--An administrative law judge may
not issue a preliminary decision that the government is not likely
to prevail if the judge has issued a decision described in paragraph
(2)(A).
(e) Basis for Review.--In a proceeding under subsections (b) through
(d) on a program or activity of a unit of general local government about
which a holding of discrimination has been made, the Secretary or
administrative law judge may consider only whether a payment under this
chapter was used to pay for any part of the program or activity. The
holding of discrimination is conclusive. If the holding is reversed by
an appellate court, the Secretary or judge shall end the proceeding.
(Added Pub. L. 103-322, title III, Sec. 31001(a), Sept. 13, 1994, 108
Stat. 1875.)
Prior Provisions
A prior section 6712, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1021,
related to adjustments of local government allocations, prior to repeal
by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), (e), Apr. 7, 1986, 100
Stat. 327, 329, eff. Oct. 18, 1986.
Section Referred to in Other Sections
This section is referred to in sections 6713, 6717, 6719 of this
title.