§ 6713. — Suspension and termination of payments in 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: 31USC6713]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 67--FEDERAL PAYMENTS
Sec. 6713. Suspension and termination of payments in
discrimination proceedings
(a) Imposition and Continuation of Suspensions.--
(1) In general.--The Secretary shall suspend payment under this
chapter to a unit of general local government--
(A) 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);
(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
(C) if required under section 6712(c).
(2) Effectiveness.--A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge makes a
decision under paragraph (1)(B).
(b) Lifting of Suspensions and Terminations.--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.
(c) Resumption of Payments Upon Attaining Compliance.--The Secretary
may resume payment to a unit of general local government of payments
suspended by the Secretary only--
(1) as of the time of, and under the conditions stated in--
(A) the approval by the Secretary of a compliance agreement
under section 6714(a)(1); or
(B) a compliance agreement entered into by the Secretary
under section 6714(a)(2);
(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);
(3) 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
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\1\ So in original. Probably should be ``section''.
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(4) if a suspension is discontinued under subsection (b).
(d) Payment of Damages as Compliance.--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).
(e) Resumption of Payments Upon Reversal by Court.--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.
(Added Pub. L. 103-322, title III, Sec. 31001(a), Sept. 13, 1994, 108
Stat. 1876.)
Prior Provisions
A prior section 6713, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1022;
Pub. L. 98-185, Secs. 5, 9(e), Nov. 30, 1983, 97 Stat. 1309, 1312,
related to information used in allocation formulas, 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 6712, 6717, 6719 of this
title.