Page:United States Statutes at Large Volume 96 Part 1.djvu/1068

 96 STAT. 1026

PUBLIC LAW 97-258—SEPT. 13, 1982

government or unit of general local government is likely to prevail in showing compliance with section 6716(a) or (b) of this title. (2) When the administrative law judge decides at the end of a proceeding under paragraph (1) of this subsection that the State government or unit of general local government has— (A) not complied with section 6716(a) or (b) of this title, the judge may order payments to the government under this chapter terminated; or (B) complied with section 6716(a) or (b) of this title, a suspension under section 6718(a)(1)(A) of this title shall be discontinued promptly. (3) An administrative law judge may not issue a preliminary decision that the government is not likely to prevail when the judge has issued a decision described in paragraph (2)(A) of this subsection. (e) In a proceeding under subsections (b)-(d) of this section on a program or activity of a State government or 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 is conclusive. If the holding is reversed by an appellate court, the Secretary or judge shall end the proceeding.

5 USC 3105.

§ 6718. Suspension and termination of payments in discrimination proceedings (a)(1) The Secretary of the Treasury shall suspend payment under this chapter to a State government or unit of general local government— (A) if an administrative law judge appointed under section 3105 of title 5 issues a preliminary decision in a proceeding under section 6717(d)(1) of this title that the government is not likely to prevail in showing compliance with section 6716(a) and (b) of this title; (B) except as provided in section 6717(d)(2)(B) of this title, when the administrative law judge decides at the end of the proceeding that the government has not complied with section 6716 (a) or (b) of this title, unless the government makes a compliance agreement under section 6719 of this title by the 30th day after the decision; or (C) when required under section 6717(c) of this title. (2) Except as provided in section 6717(d)(2) of this title, a suspension already ordered under paragraph (1)(A) of this subsection continues in effect when the administrative law judge makes a decision under paragraph (1)(B) of this subsection. (b) When a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding about the holding shall be discontinued. (c) The Secretary may resume payment to a State government or unit of general local government of payments suspended by the Secretary only— (1) at the time and under the conditions stated in— (A) the approval by the Secretary of a compliance agreement under section 6719(a)(1) of this title; or (B) a compliance agreement under section 6719(a) of this title; (2) when the government complies completely with an order of a United States court, a State court, or administrative law

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