Civil Rights Provision applicable to the Local Government Fiscal Assistance Fund created by the VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994, PL 103-322. The Local Government Fiscal Assistance Fund is used primarily for crime prevention projects, such as midnight basketball. This is not the civil rights provision that governs the hiring of new police officers under the crime bill, _i.e._, the COPS program. The civil rights provision applicable to the COPS program is found at 42 U.S.C. Sec. 3789d(c). 31 USC Sec. 6711 _et_ _seq._ sec. 6711. Prohibited discrimination (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 [of Housing and Urban Development] 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. 31 USC Sec. 6712 sec. 6712. Discrimination proceedings (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. 31 USC Sec. 6713 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 undersection 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 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. 31 USC Sec. 6714 sec. 6714. Compliance agreements (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 sections 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. 31 USC Sec. 6715 sec. 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 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. 31 USC Sec. 6716 sec. 6716. Civil action by a person adversely affected (a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.--If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b). (b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED.--A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency-- (1) issues a decision that the government has not failed to comply with this chapter; or (2) does not issue a decision on the complaint. (c) AUTHORITY OF COURT.--In an action under this section, the court-- (1) may grant-- (A) a temporary restraining order; (B) an injunction; or (C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and (2) to enforce compliance with section 6711 (a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney's fee. (d) INTERVENTION BY ATTORNEY GENERAL.--In an action under this section to enforce compliance with section 6711 (a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person. 31 USC Sec. 6717 sec. 6717. Judicial review (a) APPEALS IN FEDERAL COURT OF APPEALS.--A unit of general local government which receives notice from the Secretary about withholding payments under section 6703(f), suspending payments under section 6713(a)(1)(B), or terminating payments under section 6712(d)(2)(A), may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition shall be filed by the 60th day after the date the notice is received. The clerk of the court shall immediately send a copy of the petition to the Secretary. (b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.--The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary. (c) COURT ACTION.--The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. If a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. Upon such a remand, the Secretary may make new or modified findings and shall certify additional proceedings to the court. (d) REVIEW ONLY BY SUPREME COURT.--A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code. 31 USC Sec. 6718 sec. 6718. Investigations and reviews (a) INVESTIGATIONS BY SECRETARY.-- (1) IN GENERAL.--The Secretary shall within a reasonable time limit-- (A) carry out an investigation and make a finding after receiving a complaint referred to in section 6716(b), a determination by a State or local administrative agency, or other information about a possible violation of this chapter; (B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and (C) advise a complainant of the status of an audit, investigation, or review of an allegation by the complainant of a violation of section 6711 (a) or (b) or other provision of this chapter. (2) TIME LIMIT.--The maximum time limit under paragraph (1)(A) is 120 days. (b) REVIEWS BY COMPTROLLER GENERAL.--The Comptroller General of the United States shall carry out reviews of the activities of the Secretary, State governments, and units of general local government necessary for the Congress to evaluate compliance and operations under this chapter. These reviews shall include a comparison of the waste and inefficiency of local governments using funds under this chapter compared to waste and inefficiency with other comparable Federal programs.