---
kind: "range"
citation: "31 U.S.C. §§ 6711–6715"
title: "31"
from: "6711"
to: "6715"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/31/6711..6715"
---

# §6711. Prohibited discrimination

- (a) **General Prohibition.—** No [person](/usc/31/3701.md?p=c) in the United States shall be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a [unit of general local government](/usc/31/6720.md?p=a-1) because of race, color, national origin, or sex if the government receives a payment under this chapter.
- (b) **Additional Prohibitions.—** The following prohibitions and exemptions also apply to a program or activity of a [unit of general local government](/usc/31/6720.md?p=a-1) if the government receives a payment under this chapter:
  - (1) A prohibition against discrimination because of age under the Age Discrimination Act of 1975.
  - (2) A prohibition against discrimination against an otherwise qualified handicapped individual under section 504 of the Rehabilitation Act of 1973.
  - (3) A prohibition against discrimination because of religion, or an exemption from that prohibition, under the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968 (popularly known as the Civil Rights Act of 1968).
- (c) **Limitations on Applicability of Prohibitions.—** Subsections [(a)](#a) and [(b)](#b) do not apply if the government shows, by clear and convincing evidence, that a payment received under this chapter is not used to pay for any part of the program or activity with respect to which the allegation of discrimination is made.
- (d) **Investigation Agreements.—** The [Secretary](/usc/31/6720.md?p=a-9) shall try to make agreements with heads of [agencies](/usc/31/1352.md?p=g-2) of the United States Government and [State](/usc/31/6720.md?p=a-4) [agencies](/usc/31/1352.md?p=g-2) to investigate noncompliance with this section. An agreement shall—
  - (1) describe the cooperative efforts to be taken (including sharing civil rights enforcement personnel and resources) to obtain compliance with this section; and
  - (2) provide for notifying immediately the [Secretary](/usc/31/6720.md?p=a-9) of actions brought by the United States Government or [State](/usc/31/6720.md?p=a-4) [agencies](/usc/31/1352.md?p=g-2) against a [unit of general local government](/usc/31/6720.md?p=a-1) alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.

# §6712. Discrimination proceedings

- (a) **Notice of Noncompliance.—** By the 10th day after the [Secretary](/usc/31/6720.md?p=a-9) makes a [finding of discrimination](/usc/31/6720.md?p=a-7) or receives a [holding of discrimination](/usc/31/6720.md?p=a-8) about a [unit of general local government](/usc/31/6720.md?p=a-1), the [Secretary](/usc/31/6720.md?p=a-9) shall submit a notice of noncompliance to the government. The notice shall [state](/usc/31/6720.md?p=a-4) the basis of the finding or holding.
- (b) **Informal Presentation of Evidence.—** A [unit of general local government](/usc/31/6720.md?p=a-1) may present evidence informally to the [Secretary](/usc/31/6720.md?p=a-9) within 30 days after the government receives a notice of noncompliance from the [Secretary](/usc/31/6720.md?p=a-9). Except as provided in [subsection (e)](#e), the government may present evidence on whether—
  - (1) a [person](/usc/31/3701.md?p=c) 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)](/usc/31/6711.md?p=a);
  - (2) the program or activity of the government violated a prohibition described in [section 6711(b)](/usc/31/6711.md?p=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)](#b), the [Secretary](/usc/31/6720.md?p=a-9) shall decide whether the [unit of general local government](/usc/31/6720.md?p=a-1) has not complied with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b), unless the government has entered into a compliance agreement under [section 6714](/usc/31/6714.md). If the [Secretary](/usc/31/6720.md?p=a-9) decides that the government has not complied, the [Secretary](/usc/31/6720.md?p=a-9) 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](/usc/31/6714.md); or
  - (2) requests a proceeding under [subsection (d)(1)](#d-1).
- (d) **Administrative Review of Suspensions.—**
  - (1) **Proceeding.—** A proceeding requested under [subsection (c)(2)](#c-2) shall begin by the 30th day after the [Secretary](/usc/31/6720.md?p=a-9) receives a request for the proceeding. The proceeding shall be before an administrative law judge appointed under [section 3105 of title 5](/usc/5/3105.md), 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](/usc/31/6720.md?p=a-1) is likely to prevail in showing compliance with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b).
  - (2) **Decision.—** If the administrative law judge decides at the end of a proceeding under [paragraph (1)](#d-1) that the [unit of general local government](/usc/31/6720.md?p=a-1) has—
    - (A) not complied with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b), the judge may order payments to the government under this chapter terminated; or
    - (B) complied with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b), a suspension under [section 6713(a)(1)(A)](/usc/31/6713.md?p=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)](#d-2-A).
- (e) **Basis for Review.—** In a proceeding under [subsections (b) through (d)](#b..d) on a program or activity of a [unit of general local government](/usc/31/6720.md?p=a-1) about which a [holding of discrimination](/usc/31/6720.md?p=a-8) has been made, the [Secretary](/usc/31/6720.md?p=a-9) 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](/usc/31/6720.md?p=a-8) is conclusive. If the holding is reversed by an appellate court, the [Secretary](/usc/31/6720.md?p=a-9) 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](/usc/31/6720.md?p=a-9) shall suspend payment under this chapter to a [unit of general local government](/usc/31/6720.md?p=a-1)—
    - (A) if an administrative law judge appointed under [section 3105 of title 5](/usc/5/3105.md), United States Code, issues a preliminary decision in a proceeding under [section 6712(d)(1)](/usc/31/6712.md?p=d-1) that the government is not likely to prevail in showing compliance with section [6711(a)](/usc/31/6711.md?p=a) and [(b)](/usc/31/6711.md?p=b);
    - (B) if the administrative law judge decides at the end of the proceeding that the government has not complied with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b), unless the government makes a compliance agreement under [section 6714](/usc/31/6714.md) by the 30th day after the decision; or
    - (C) if required under [section 6712(c)](/usc/31/6712.md?p=c).
  - (2) **Effectiveness.—** A suspension already ordered under [paragraph (1)(A)](#a-1-A) continues in effect if the administrative law judge makes a decision under [paragraph (1)(B)](#a-1-B).
- (b) **Lifting of Suspensions and Terminations.—** If a [holding of discrimination](/usc/31/6720.md?p=a-8) 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](/usc/31/6720.md?p=a-9) may resume payment to a [unit of general local government](/usc/31/6720.md?p=a-1) of payments suspended by the [Secretary](/usc/31/6720.md?p=a-9) only—
  - (1) as of the time of, and under the conditions stated in—
    - (A) the approval by the [Secretary](/usc/31/6720.md?p=a-9) of a compliance agreement under [section 6714(a)(1)](/usc/31/6714.md?p=a-1); or
    - (B) a compliance agreement entered into by the [Secretary](/usc/31/6720.md?p=a-9) under [section 6714(a)(2)](/usc/31/6714.md?p=a-2);
  - (2) if the government complies completely with an order of a United States court, a [State](/usc/31/6720.md?p=a-4) court, or administrative law judge that covers all matters raised in a notice of noncompliance submitted by the [Secretary](/usc/31/6720.md?p=a-9) under [section 6712(a)](/usc/31/6712.md?p=a);
  - (3) if a United States court, a [State](/usc/31/6720.md?p=a-4) court, or an administrative law judge decides (including a judge in a proceeding under [section 6712(d)(1)](/usc/31/6712.md?p=d-1)), that the government has complied with sections[^1] 6711(a) and (b); or
  - (4) if a suspension is discontinued under [subsection (b)](#b).
- (d) **Payment of Damages as Compliance.—** For purposes of [subsection (c)(2)](#c-2), compliance by a government may consist of the payment of restitution to a [person](/usc/31/3701.md?p=c) injured because the government did not comply with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b).
- (e) **Resumption of Payments Upon Reversal by Court.—** The [Secretary](/usc/31/6720.md?p=a-9) may resume payment to a [unit of general local government](/usc/31/6720.md?p=a-1) of payments terminated under [section 6712(d)(2)(A)](/usc/31/6712.md?p=d-2-A) only if the decision resulting in the termination is reversed by an appellate court.

# §6714. Compliance agreements

- (a) **Types of Compliance Agreements.—** A compliance agreement is an agreement—
  - (1) approved by the [Secretary](/usc/31/6720.md?p=a-9), between the governmental authority responsible for prosecuting a [claim](/usc/31/3701.md?p=b-2) or complaint that is the basis of a [holding of discrimination](/usc/31/6720.md?p=a-8) and the chief executive officer of the [unit of general local government](/usc/31/6720.md?p=a-1) that has not complied with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b); or
  - (2) between the [Secretary](/usc/31/6720.md?p=a-9) and the chief executive officer.
- (b) **Contents of Agreements.—** A compliance agreement—
  - (1) shall [state](/usc/31/6720.md?p=a-4) the conditions the [unit of general local government](/usc/31/6720.md?p=a-1) has agreed to comply with that would satisfy the [obligations](/usc/31/3801.md?p=a-11) of the government under sections[^1] 6711(a) and (b);
  - (2) shall cover each matter that has been found not to comply, or would not comply, with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b); and
  - (3) may be a series of agreements that dispose of those matters.
- (c) **Availability of Agreements to Parties.—** The [Secretary](/usc/31/6720.md?p=a-9) shall submit a copy of a compliance agreement to each [person](/usc/31/3701.md?p=c) who filed a complaint referred to in [section 6716(b)](/usc/31/6716.md?p=b), or, if an agreement under [subsection (a)(1)](#a-1), each [person](/usc/31/3701.md?p=c) who filed a complaint with a governmental authority, about a failure to comply with section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b). The [Secretary](/usc/31/6720.md?p=a-9) shall submit the copy by the 15th day after an agreement is made. However, if the [Secretary](/usc/31/6720.md?p=a-9) approves an agreement under [subsection (a)(1)](#a-1) after the agreement is made, the [Secretary](/usc/31/6720.md?p=a-9) may submit the copy by the 15th day after approval of the agreement.

# §6715. Enforcement by the Attorney General of prohibitions on discrimination


The Attorney General may bring a civil action in an appropriate district court of the United States against a [unit of general local government](/usc/31/6720.md?p=a-1) that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b). The court may grant—

- (1) a temporary restraining order;
- (2) an injunction; or
- (3) an appropriate order to ensure enjoyment of rights under section [6711(a)](/usc/31/6711.md?p=a) or [(b)](/usc/31/6711.md?p=b), including an order suspending, terminating, or requiring repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.