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31 U.S.C. §§ 6711–6715

5 sections in range

§6711. Prohibited discrimination

31 U.S.C. § 6711

(a)
General Prohibition.— No person 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 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 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) and (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 shall try to make agreements with heads of agencies of the United States Government and State agencies 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 of actions brought by the United States Government or State agencies against a unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.
Notes, amendments, and revision history

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1874.)

Editorial Notes

References in Text

The Age Discrimination Act of 1975, referred to in subsec. (b)(1), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables.

Section 504 of the Rehabilitation Act of 1973, referred to in subsec. (b)(2), is classified to section 794 of Title 29, Labor.

The Civil Rights Act of 1964, referred to in subsec. (b)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Title VIII of the Act of April 11, 1968, referred to in subsec. (b)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.

Prior Provisions

A prior section 6711, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1021; Pub. L. 98–185, § 4, Nov. 30, 1983, 97 Stat. 1309, related to State variation of local government allocations, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

§6712. Discrimination proceedings

31 U.S.C. § 6712

(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.
Notes, amendments, and revision history

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1875.)

Editorial Notes

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, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

§6713. Suspension and termination of payments in discrimination proceedings

31 U.S.C. § 6713

(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 sections1 6711(a) and (b); or
(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.

Footnotes

  1. 1 So in original. Probably should be “section”.
Notes, amendments, and revision history

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1876.)

Editorial Notes

Prior Provisions

A prior section 6713, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1022; Pub. L. 98–185, §§ 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, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

§6714. Compliance agreements

31 U.S.C. § 6714

(a)
Types of Compliance Agreements.— A compliance agreement is an agreement—
(1)
approved by the Secretary, between the governmental authority responsible for prosecuting a claim or complaint that is the basis of a holding of discrimination and the chief executive officer of the unit of general local government that has not complied with section 6711(a) or (b); or
(2)
between the Secretary and the chief executive officer.
(b)
Contents of Agreements.— A compliance agreement—
(1)
shall state the conditions the unit of general local government has agreed to comply with that would satisfy the obligations of the government under sections1 6711(a) and (b);
(2)
shall cover each matter that has been found not to comply, or would not comply, with section 6711(a) or (b); and
(3)
may be a series of agreements that dispose of those matters.
(c)
Availability of Agreements to Parties.— The Secretary shall submit a copy of a compliance agreement to each person who filed a complaint referred to in section 6716(b), or, if an agreement under subsection (a)(1), each person who filed a complaint with a governmental authority, about a failure to comply with section 6711(a) or (b). The Secretary shall submit the copy by the 15th day after an agreement is made. However, if the Secretary approves an agreement under subsection (a)(1) after the agreement is made, the Secretary may submit the copy by the 15th day after approval of the agreement.

Footnotes

  1. 1 So in original. Probably should be “section”.
Notes, amendments, and revision history

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1877.)

Editorial Notes

Prior Provisions

A prior section 6714, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1023; Pub. L. 98–185, § 6, Nov. 30, 1983, 97 Stat. 1310, related to public hearings, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

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

31 U.S.C. § 6715

The Attorney General may bring a civil action in an appropriate district court of the United States against a unit of general local government that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section 6711(a) or (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) or (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.
Notes, amendments, and revision history

(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1877.)

Editorial Notes

Prior Provisions

A prior section 6715, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024, related to prohibition on using payments to influence legislation, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.