Page:United States Statutes at Large Volume 90 Part 2.djvu/886

 90 STAT. 2354 31 USC 1221.

PUBLIC LAW 94-488—OCT. 13, 1976 government or a unit of local government of funds made available under subtitle A has been suspended under subsection (b)(2) or (b)(3), payment of such funds shall be resumed only if— " (1) such government enters into a compliance agreement (but only a t the times and under the circumstances set forth in such agreement, or, in the case of any agreement under subsection (d)(1), only at the times and under the circumstances set forth in the Secretary's approval of such agreement); " (2) such government complies fully with the holding of a Federal or State court, or Federal administrative law judge, if that holding covers all the matters raised by the Secretary in the notice pursuant to subsection (b)(1), or if such government is found to be in compliance with subsection (a) by such court or Federal administrative law j u d g e; " (3) in the case of a hearing before an administrative law judge under subsection (b)(3), the judge determines that such government is in compliance with subsection (a); o r " (4) the provisions of subsection (c)(3) (relating to reversal of holding of discrimination) require such suspension of payment to be discontinued. For purposes of this section, compliance by a government may include the satisfying of a requirement of the payment of restitution to persons injured by the failure of such government to comply with subsection (a). "(f)

Civil actions.

payment to a

State government or unit of local government of funds made available under subtitle A has been terminated under subsection (b)(3)(D), payment of such funds shall be resumed only if the determination resulting i n such termination is reversed by an appellate tribunal. " (g) AUTHORITY OF ATTORNEY GENERAL.—Whenever the Attorney General has reason to believe that a State government or a unit of local government has engaged or is engaging in a pattern o r practice in violation of the provisions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may g r a n t as relief any temporary restraining order, preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of funds made available under subtitle A, or placing any further payments under subtitle A in escrow pending the outcome of the litigation. "(h)

31 USC 1243.

R E S U M P T I O N o r TERMINATED P A Y M E N T S. — I f

AGREEMENTS

BETWEEN

AGENCIES.—The

Secretary

shall

endeavor to enter into agreements with State agencies and with other Federal agencies authorizing such agencies to investigate noncompliance with subsection (a). The agreements shall describe the cooperative efforts to be undertaken (including the sharing of civil rights enforcement personnel and resources) to secure compRance with this section, and shall provide for the immediate notification of the Secretary of any actions instituted by such agencies against a State government or a unit of local government alleging a violation of any Federal civil rights statute or regulations issued thereunder.". SEC. 9. ACCOUNTING AND AUDITING PROVISIONS. Section 123(c) (relating to accounting, auditing, and evaluation) is amended— (1) by redesignating paragraph (2) as paragraph (9), and (2) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph s: " (1) INDEPENDENT AUDITS.—Each State government and u n i t

of local government which expects to receive funds under subtitle A for any entitlement period beginning on or after J a n u -

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