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§ 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.



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