Page:United States Statutes at Large Volume 108 Part 3.djvu/124

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108 STAT. 1876 PUBLIC LAW 103-322—SEPT. 13, 1994 "(A) not complied with section 6711(a) or (b), the judge may order payments to the government under this chapter terminated; or "(B) compHed 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.

    • § 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. —I f 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