Page:United States Statutes at Large Volume 90 Part 2.djvu/885

 PUBLIC LAW 94-488—OCT. 13, 1976 in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, in connection with any such program or activity. " (2) E F F E C T ON PROCEEDINGS OR HEARING.—If there has been a

holding described in paragraph (1) with respect to a State government or a unit of local government, then, in the case of proceedings by the Secretary pursuant to subsection (b)(2) or a hearing pursuant to subsection (b)(3) with respect to such government, such proceedings or such hearing shall relate only to the question of whether the program or activity in which the exclusion, denial, discrimination, or violation occurred is funded in whole or in part with funds made available under subtitle A. I n such proceedings or hearing, the holding described in paragraph (1), to the effect that there lias been exclusion, denial, or discrimination on account of race, color, national origin, or sex, or a violation of any prohibition against discrimination (A) on the basis of age effected by the Age Discrimination Act of 1975, (B) with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Reliabilitation Act of 1973, (C) on the basis of religion as provided in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, shall be treated as conclusive. " (3) EFFECT OF REVERSAL.—If a holding described in paragraph (1) is reversed by an appellate tribunal, then proceedings under subsection (b) which are dependent upon sucii holding shall be discontinued; any suspension or termination of payments resulting from such proceedings shall also be discontinued.

90 STAT. 2353 42 USC 2000a Ao^ikr ^601 ^^ ^^^

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31 USC 1221.

42 USC 6101 "'^t^29 USC 794.

' ' (4) F I N D I N G BY SECRETARY.—A finding is described in this

paragraph if it is a finding by the Secretary with respect to a complaint referred to i n section 1 2 4 (d), a determination by a State Ante, p. 2349. 01- local administrative agency, or other information (pursuant to procedures provided in regulations prescribed by the Secretary) that it is more likely than not that a State government or unit of local government has failed to comply with subsection (a). " (d) COMPLIANCE AGREEMENT.—For purposes of this section and section 124, a compliance agreement is an agreement between— " (1) the governmental office or agency responsible for prosecuting the claim or complaint which is the basis of the holding described in subsection (c)(1) and the chief executive officer of the biate government or the unit of local government that has failed to comply with subsection (a), if such agreement is approved by the Secretary, or " (2) the Secretary and such chief executive officer, setting forth the terms and conditions with which such government or unit has agreed to comply that would satisfy the obligations of such government under subsection (a). Such agreement shall cover all the matters which h a d been determined or would constitute failures to comply with subsection (a), and may consist of a series of agreements which, in the aggregate, dispose of all such matters. W i t h i n 15 days after the execution of such agreement (or, in the Copies, case of an agreement under paragraph (1), the approval of such agreement by the Secretary, if l a t e r), the Secretary shall send a copy of such agreement to each person who has filed a complaint referred to in section 124(d) with respect to such failure to comply with subsection (a), or, in the case of an agreement under paragraph (1), to each person who has filed a complaint with the governmental office or agency (described in such paragraph) with respect to such failure to comply with subsection (a). " (e) R E S U M P T I O N OF SUSPENDED P A Y M E N T S. — I f payment to a State

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