administrative law judge that covers all matters
raised in a notice of noncompliance submitted by the
Secretary under section 6712(a);
‘‘(3) if a United States court, a State court, or
an administrative law judge decides (including a
judge in a proceeding under section 6712(d)(1)),
that the government has complied with sections
6711 (a) and (b); or
‘‘(4) if a suspension is discontinued under sub-
section (b).
‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For
purposes of subsection (c)(2), compliance by a government
may consist of the payment of restitution to a person in-
jured because the government did not comply with section
6711 (a) or (b).
‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL
BY COURT.—The Secretary may resume payment to a unit
of general local government of payments terminated under
section 6712(d)(2)(A) only if the decision resulting in the
termination is reversed by an appellate court.
‘‘§ 6714. Compliance agreements
‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A com-
pliance agreement is an agreement—
‘‘(1) approved by the Secretary, between the
governmental authority responsible for prosecuting a
claim or complaint that is the basis of a holding of
discrimination and the chief executive officer of the
unit of general local government that has not com-
plied with section 6711 (a) or (b); or
‘‘(2) between the Secretary and the chief execu-
tive officer.
‘‘(b) CONTENTS
OF AGREEMENTS.—A compliance
agreement—
‘‘(1) shall state the conditions the unit of gen-
eral local government has agreed to comply with
that would satisfy the obligations of the government
under sections 6711 (a) and (b);
‘‘(2) shall cover each matter that has been
found not to comply, or would not comply, with sec-
tion 6711 (a) or (b); and
‘‘(3) may be a series of agreements that dispose
of those matters.
‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—
The Secretary shall submit a copy of a compliance agree-
ment to each person who filed a complaint referred to in
section 6716(b), or, if an agreement under subsection
(a)(1), each person who filed a complaint with a govern-
mental authority, about a failure to comply with section
6711 (a) or (b). The Secretary shall submit the copy by
the 15th day after an agreement is made. However, if the
Secretary approves an agreement under subsection (a)(1)
after the agreement is made, the Secretary may submit
the copy by the 15th day after approval of the agreement.
‘‘§ 6715. Enforcement by the Attorney General of pro-
hibitions on discrimination
‘‘The Attorney General may bring a civil action in
an appropriate district court of the United States against
a unit of general local government that the Attorney Gen-
eral has reason to believe has engaged or is engaging in
a pattern or practice in violation of section 6711 (a) or
(b). The court may grant—
‘‘(1) a temporary restraining order;
‘‘(2) an injunction; or
‘‘(3) an appropriate order to ensure enjoyment
of rights under section 6711 (a) or (b), including an
order suspending, terminating, or requiring repay-
ment of, payments under this chapter or placing ad-
ditional payments under this chapter in escrow
pending the outcome of the action.
‘‘§ 6716. Civil action by a person adversely affected
‘‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL
OR STATE COURT.—If a unit of general local government,
or an officer or employee of a unit of general local govern-
ment acting in an official capacity, engages in a practice
prohibited by this chapter, a person adversely affected by
100
the practice may bring a civil action in an appropriate dis-
trict court of the United States or a State court of general
jurisdiction. Before bringing an action under this section,
the person must exhaust administrative remedies under
subsection (b).
‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE
EXHAUSTED.—A person adversely affected shall file an
administrative complaint with the Secretary or the head
of another agency of the United States Government or the
State agency with which the Secretary has an agreement
under section 6711(d). Administrative remedies are
deemed to be exhausted by the person after the 90th day
after the complaint was filed if the Secretary, the head
of the Government agency, or the State agency—
‘‘(1) issues a decision that the government has
not failed to comply with this chapter; or
‘‘(2) does not issue a decision on the complaint.
‘‘(c) AUTHORITY OF COURT.—In an action under this
section, the court—
‘‘(1) may grant—
‘‘(A) a temporary restraining order;
‘‘(B) an injunction; or
‘‘(C) another order, including suspension,
termination, or repayment of, payments under
this chapter or placement of additional pay-
101
ments under this chapter in escrow pending the
outcome of the action; and
‘‘(2) to enforce compliance with section 6711
(a) or (b), may allow a prevailing party (except the
United States Government) a reasonable attorney’s
fee.
‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In
an action under this section to enforce compliance with
section 6711 (a) or (b), the Attorney General may inter-
vene in the action if the Attorney General certifies that
the action is of general public importance. The United
States Government is entitled to the same relief as if the
Government had brought the action and is liable for the
same fees and costs as a private person.
‘‘§ 6717. Judicial review
‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—
A unit of general local government which receives notice
from the Secretary about withholding payments under sec-
tion 
6703(c), 
suspending 
payments 
under 
section
6713(a)(1)(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the
Secretary by filing a petition for review with the court of
appeals of the United States for the circuit in which the
government is located. The petition shall be filed by the
60th day after the date the notice is received. The clerk
102
of the court shall immediately send a copy of the petition
to the Secretary.
‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PRO-
CEEDING.—The Secretary shall file with the court a
record of the proceeding on which the Secretary based the
action. The court may consider only objections to the ac-
tion of the Secretary that were presented before the Sec-
retary.
‘‘(c) COURT ACTION.—The court may affirm, change,
or set aside any part of the action of the Secretary. The
findings of fact by the Secretary are conclusive if sup-
ported by substantial evidence in the record. If a finding
is not supported by substantial evidence in the record, the
court may remand the case to the Secretary to take addi-
tional evidence. Upon such a remand, the Secretary may
make new or modified findings and shall certify additional
proceedings to the court.
‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judg-
ment of a court under this section may be reviewed only
by the Supreme Court under section 1254 of title 28.
‘‘§ 6718. Audits, investigations, and reviews
‘‘(a) INDEPENDENT AUDIT.—(1) Except as provided
in this section, a unit of general local government that
receives a payment under this chapter shall have an inde-
pendent audit made of the financial statements of the gov-
103
ernment at least as often as is required by paragraph (2)
to determine compliance with this chapter. The audit shall
be carried out under generally accepted government audit-
ing standards issued by the Comptroller General of the
United States.
‘‘(2) Paragraph (1) does not apply to a unit of gen-
eral local government for a fiscal year in which the govern-
ment receives less than $25,000 under this chapter. A unit
of general local government which receives at least
$25,000 but not more than $100,000 under this chapter
for a fiscal year shall have an audit made in accordance
with paragraph (1) at least once every 3 years. A govern-
ment which receives more than $100,000 under this chap-
ter for a fiscal year shall have an audit made in accord-
ance with paragraph (1) for such fiscal year, except that,
if the government operates on a biennial fiscal period, such
audit may be made biennially but shall cover the financial
statement or statements for, and compliance with the re-
quirements of the chapter during, both years within such
period.
‘‘(3) An audit of financial statements of a unit of gen-
eral local government carried out under another law of the
United States for a fiscal year is deemed to be in compli-
ance with paragraph (1) for that year if the audit substan-
tially complies with the requirements of paragraph (1).