Page:United States Statutes at Large Volume 90 Part 2.djvu/882

 90 STAT. 2350

PUBLIC LAW 94-488—OCT. 13, 1976 other order, including the suspension, termination, or repayment of funds, or placing any further payments under this title in escrow pending the outcome of the litigation. " (c) INTERVENTION BY ATTORNEY GENERAL. — I n any action insti-

Infra.

tuted under this section to enforce compliance with section 1 2 2 (a), the Attorney General, or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. I n such action the United States shall be entitled to the same relief as if it had instituted the action. " (d) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—As used in this

Regulations. 31 USC 1245.

Supra.

31 USC 1263.

31 USC 1242.

section, administrative remedies shall be deemed to be exhausted upon the expiration of 90 days after the date the administrative complaints were filed with the Secretary or with an Agency with which the Secretary has an agreement under section 122(h) if, within «uch period, the Secretary or such Agency— " (1) issues a determination that such Government under unit has not failed to comply with this Act; or " (2) fails to issue a determination on such complaint. " (e) ATTORNEY F E E S. — I n any action under this section to enforce section 122(a), the court, in its discretion, may allow to the prevailing party, other than the United States, reasonable attorney fees, and t h " TTrtited States shall be liable for fees and costs the same as a private person. "SEC. 125. INVESTIGATIONS AND COMPLIANCE REVIEWS. " By March 31, 1977, the Secretary shall promulgate regulations establishing— " (1) reasonable and specific time limits (in no event to exceed 90 days) for the Secretary to conduct an investigation and make a finding after receiving a complaint (described in section 1 2 4 (d)), a determination by a ^ t a t e or local administrative agency, or other information relating to the possible violation of the provisions of this Act; " (2) reasonable and specific time limits for the Secretary to conduct audits and reviews (including investigations of allegations) relating to possible violations of the provisions of this Act. The regulations promulgated pursuant to paragraph s (1) and (2) shall also establish reasonable and specific time limits for the Secretary to advise any comnlainant of the status of his investigation, audit, or review of any allegation of violation of section 122(a) or any other provision of this Act.". (c) JUDICIAL REVIEW.—Section 148(a) (relating to petitions for judicial review) is amended by strikinqr out "receives a notice of withholding of payments under section 104(b) or 123(b)," and ing?rting in lieu thereof "receives a notice of withholding of payments under section 104(b) or 123(b) a determination under section 122(b)(3)(C) that payments be suspended, or a determination under section 122 (b)(3)(D) that payments be terminated,". SEC. 8. NONDISCRIMINATION PROVISIONS. (a) IN GENERAL.Section 122 (relating to nondiscrimination provisions) is amended to read as follows: "SEC. 122. NONDISCRIMINATION PROVISIONS. "(a)

PROHIBITION.—

" (1) IN GENERAL.—No person in the United States shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to

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