Page:United States Statutes at Large Volume 96 Part 1.djvu/1067

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1025

(c)(1) Subsection (a) and (b) of this section do not apply when 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. (2) Subsection (b)(2) of this section does not apply to construction projects begun before January 1, 1977. (d) The Secretary of the Treasury 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 State government or unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.

Noncompliance investigation agreements.

§ 6717. Discrimination proceedings (a) By the 10th day after the Secretary of the Treasury makes a Noncompliance finding of discrimination or receives a holding of discrimination notice. about a State government or 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) The State government or unit of general local government may Evidence, present evidence informally to the Secretary within 30 days after the Secretary submits a notice of noncompliance to the government. Except as provided in subsection (e) of this section, the government may present evidence on whether— ( D 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 6716(a) of this title; (2) the program or activity of the government violated a prohibition described in section 6716(b) of this title; and (3) a part of that program or activity has been paid for with a payment received under this chapter. (c) By the end of the 30-day period under subsection (b) of this section, the Secretary shall decide whether the State government or unit of general local government has not complied with section 6716 (a) or (b) of this title, except when the government has made a compliance agreement under section 6719 of this title. When the Secretary decides that the government has not complied, the Secretary shall suspend payments to the government under this chapter unless by the 10th day after the decision the government— (1) makes a compliance agreement under section 6719 of this title; or (2) requests a proceeding under subsection (d)(1) of this section. (d)(1) A proceeding requested under subsection (c)(2) of this section shall begin by the 30th day after the Secretary receives a request for the proceeding. The hearing shall be before an administrative law judge appointed under section 3105 of title 5. By the 30th day after 5 USC 3105. the beginning of the proceeding, the judge shall issue a preliminary decision based on the record at the time on whether the State

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