195
under subsections (a) and (b) for programs described in
section 6701(a)(2) in areas of the State where are located
the units of general local government with respect to which
amounts are paid under subsection (b).
‘‘§ 6709. Information used in allocation formulas
‘‘(a) USE OF MOST RECENT INFORMATION.—Except
as provided in this section, the Secretary shall use the
most recent available information provided by the Sec-
retary of Commerce and the Secretary of Labor before the
beginning of the payment period to determine an alloca-
tion under this chapter. If the Secretary decides that the
information is not current or complete enough to provide
for a fair allocation, the Secretary may use additional in-
formation (including information based on estimates) as
provided under regulations of the Secretary.
‘‘(b) POPULATION DATA.—(1) The Secretary shall
determine population on the same basis that the Secretary
of Commerce determines resident population for general
statistical purposes.
‘‘(2) The Secretary shall request the Secretary of
Commerce to adjust the population information provided
to the Secretary as soon as practicable to include a reason-
able estimate of the number of resident individuals not
counted in the 1990 census or revisions of the census. The
Secretary shall use the estimates in determining alloca-
196
tions for the payment period beginning after the Secretary
receives the estimates. The Secretary shall adjust popu-
lation information to reflect adjustments made under sec-
tion 118 of the Act of October 1, 1980 (Public Law 96–
369, 94 Stat. 1357).
‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Sec-
retary may not—
‘‘(1) in determining an allocation for a payment
period, use information on tax collections for years
more recent than the years used by the Secretary of
Commerce in the most recent Bureau of the Census
general determination of State and local taxes made
before the beginning of that period; or
‘‘(2) consider a change in information used to
determine an allocation for a period of 60 months if
the change—
‘‘(A) results from a major disaster declared
by the President under section 401 of The Rob-
ert T. Stafford Disaster Relief and Emergency
Assistance Act; and
‘‘(B) reduces the amount of an allocation.
‘‘§ 6710. Public participation
‘‘(a) HEARINGS.—(1) A unit of general local govern-
ment expending payments under this chapter shall hold
at least one public hearing on the proposed use of the pay-
197
ment in relation to its entire budget. At the hearing, per-
sons shall be given an opportunity to provide written and
oral views to the governmental authority responsible for
enacting the budget and to ask questions about the entire
budget and the relation of the payment to the entire budg-
et. The government shall hold the hearing at a time and
a place that allows and encourages public attendance and
participation.
‘‘(2) A unit of general local government holding a
hearing required under this subsection or by the budget
process of the government shall try to provide senior citi-
zens and senior citizen organizations with an opportunity
to present views at the hearing before the government
makes a final decision on the use of the payment.
‘‘(b) DISCLOSURE
OF INFORMATION.—(1) By the
10th day before a hearing required under subsection
(a)(1) is held, a unit of general local government shall—
‘‘(A) make available for inspection by the public
at the principal office of the government a statement
of the proposed use of the payment and a summary
of the proposed budget of the government; and
‘‘(B) publish in at least one newspaper of gen-
eral circulation the proposed use of the payment
with the summary of the proposed budget and a no-
tice of the time and place of the hearing.
198
‘‘(2) By the 30th day after adoption of the budget
under State or local law, the government shall—
‘‘(A) make available for inspection by the public
at the principal office of the government a summary
of the adopted budget, including the proposed use of
the payment; and
‘‘(B) publish in at least one newspaper of gen-
eral circulation a notice that the information re-
ferred to in subparagraph (A) is available for inspec-
tion.
‘‘(c) WAIVERS OF REQUIREMENTS.—Under regula-
tions of the Secretary, a requirement—
‘‘(1) under subsection (a)(1) may be waived if
the budget process required under the applicable
State or local law or charter provisions—
‘‘(A) ensures the opportunity for public at-
tendance and participation contemplated by
subsection (a); and
‘‘(B) includes a hearing on the proposed
use of a payment received under this chapter in
relation to the entire budget of the government;
and
‘‘(2) under subsection (b)(1)(B) and (2)(B)
may be waived if the cost of publishing the informa-
tion would be unreasonably burdensome in relation
199
to the amount allocated to the government from
amounts available for payment under this chapter,
or if publication is otherwise impracticable.
‘‘(d) EXCEPTION TO 10-DAY LIMITATION.—If the
Secretary is satisfied that a unit of general local govern-
ment will provide adequate notice of the proposed use of
a payment received under this chapter, the 10-day period
under subsection (b)(1) may be changed to the extent nec-
essary to comply with applicable State or local law.
‘‘(e) APPLICATION
TO
GOVERNMENTS
WITHOUT
BUDGETS.—The Secretary shall prescribe regulations for
applying this section to units of general local government
that do not adopt budgets.
‘‘§ 6711. Prohibited discrimination
‘‘(a) GENERAL PROHIBITION.—No person in the
United States shall be excluded from participating in, be
denied the benefits of, or be subject to discrimination
under, a program or activity of a unit of general local gov-
ernment because of race, color, national origin, or sex if
the government receives a payment under this chapter.
‘‘(b) ADDITIONAL
PROHIBITIONS.—The following
prohibitions and exemptions also apply to a program or
activity of a unit of general local government if the govern-
ment receives a payment under this chapter:
200
‘‘(1) A prohibition against discrimination be-
cause of age under the Age Discrimination Act of
1975.
‘‘(2) 
A 
prohibition 
against 
discrimination
against an otherwise qualified handicapped individ-
ual under section 504 of the Rehabilitation Act of
1973.
‘‘(3) A prohibition against discrimination be-
cause of religion, or an exemption from that prohibi-
tion, under the Civil Rights Act of 1964 or title VIII
of the Act of April 11, 1968 (popularly known as the
Civil Rights Act of 1968).
‘‘(c) LIMITATIONS ON APPLICABILITY OF PROHIBI-
TIONS.—Subsections (a) and (b) do not apply if the gov-
ernment 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 with respect to
which the allegation of discrimination is made.
‘‘(d) INVESTIGATION AGREEMENTS.—The Secretary
shall try to make agreements with heads of agencies of
the United States Government and State agencies to in-
vestigate noncompliance with this section. An agreement
shall—
‘‘(1) describe the cooperative efforts to be taken
(including sharing civil rights enforcement personnel
201
and resources) to obtain compliance with this sec-
tion; and
‘‘(2) provide for notifying immediately the Sec-
retary of actions brought by the United States Gov-
ernment or State agencies against a unit of general
local government alleging a violation of a civil rights
law or a regulation prescribed under a civil rights
law.
‘‘§ 6712. Discrimination proceedings
‘‘(a) NOTICE OF NONCOMPLIANCE.—By the 10th day
after the Secretary makes a finding of discrimination or
receives a holding of discrimination about a 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) INFORMAL PRESENTATION OF EVIDENCE.—A
unit of general local government may present evidence in-
formally to the Secretary within 30 days after the govern-
ment receives a notice of noncompliance from the Sec-
retary. Except as provided in subsection (e), the govern-
ment may present evidence on whether—
‘‘(1) a person in the United States has been ex-
cluded or denied benefits of, or discriminated against
under, the program or activity of the government, in
violation of section 6711(a);
202
‘‘(2) the program or activity of the government
violated a prohibition described in section 6711(b);
and
‘‘(3) any part of that program or activity has
been paid for with a payment received under this
chapter.
‘‘(c) TEMPORARY SUSPENSION OF PAYMENTS.—By
the end of the 30-day period under subsection (b), the Sec-
retary shall decide whether the unit of general local gov-
ernment has not complied with section 6711 (a) or (b),
unless the government has entered into a compliance
agreement under section 6714. If the Secretary decides
that the government has not complied, the Secretary shall
notify the government of the decision and shall suspend
payments to the government under this chapter unless,
within 10 days after the government receives notice of the
decision, the government—
‘‘(1) enters into a compliance agreement under
section 6714; or
‘‘(2) requests a proceeding under subsection
(d)(1).
‘‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.—
(1) A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a re-
quest for the proceeding. The proceeding shall be before
203
an administrative law judge appointed under section 3105
of title 5. By the 30th day after the beginning of the pro-
ceeding, the judge shall issue a preliminary decision based
on the record at the time on whether the unit of general
local government is likely to prevail in showing compliance
with section 6711 (a) or (b).
‘‘(2) If the administrative law judge decides at the
end of a proceeding under paragraph (1) that the unit
of general local government has—
‘‘(A) not complied with section 6711 (a) or (b),
the judge may order payments to the government
under this chapter terminated; or
‘‘(B) complied with section 6711 (a) or (b), a
suspension under section 6713(a)(1)(A) shall be dis-
continued promptly.
‘‘(3) An administrative law judge may not issue a
preliminary decision that the government is not likely to
prevail if the judge has issued a decision described in para-
graph (2)(A).
‘‘(e) BASIS FOR REVIEW.—In a proceeding under
subsections (b) through (d) on a program or activity of
a unit of general local government about which a holding
of discrimination has been made, the Secretary or admin-
istrative law judge may consider only whether a payment
under this chapter was used to pay for any part of the
204
program or activity. The holding of discrimination is con-
clusive. If the holding is reversed by an appellate court,
the Secretary or judge shall end the proceeding.
‘‘§ 6713. Suspension and termination of payments in
discrimination proceedings
‘‘(a) IMPOSITION AND CONTINUATION OF SUSPEN-
SIONS.—(1) The Secretary shall suspend payment under
this chapter to a unit of general local government—
‘‘(A) if an administrative law judge appointed
under section 3105 of title 5 issues a preliminary de-
cision in a proceeding under section 6712(d)(1) that
the government is not likely to prevail in showing
compliance with section 6711 (a) and (b);
‘‘(B) if the administrative law judge decides at
the end of the proceeding that the government has
not complied with section 6711 (a) or (b), unless the
government makes a compliance agreement under
section 6714 by the 30th day after the decision; or
‘‘(C) if required under section 6712(c).
‘‘(2) A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge
makes a decision under paragraph (1)(B).
‘‘(b) LIFTING
OF
SUSPENSIONS
AND
TERMI-
NATIONS.—If a holding of discrimination is reversed by
an appellate court, a suspension or termination of pay-
205
ments in a proceeding based on the holding shall be dis-
continued.
‘‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING
COMPLIANCE.—The Secretary may resume payment to a
unit of general local government of payments suspended
by the Secretary only—
‘‘(1) as of the time of, and under the conditions
stated in—
‘‘(A) the approval by the Secretary of a
compliance 
agreement 
under 
section
6714(a)(1); or
‘‘(B) a compliance agreement entered into
by the Secretary under section 6714(a)(2);
‘‘(2) if the government complies completely with
an order of a United States court, a State court, or
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).
206
‘‘(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
207
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
208
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
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
209
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-
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-
210
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
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
Secretary.
211
‘‘(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-
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
212
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).
‘‘(b) WAIVER BY LOCAL GOVERNMENT.—A unit of
general local government may waive application of sub-
section (a)(1) if—
‘‘(1) the financial statements of the government
are audited by independent auditors under State or
local law at least as often as would be required by
subsection (a)(2);
213
‘‘(2) the government certifies that the audit is
carried out under generally accepted auditing stand-
ards issued by the Comptroller General of the
United States;
‘‘(3) the auditing provisions of the State or
local law are applicable to the payment period to
which the waiver applies; and
‘‘(4) the government submits to the Secretary a
brief description of the auditing standards used
under the relevant State or local law and specifica-
tion of the payment period to which the waiver
applies.
‘‘(c) WAIVER BY SECRETARY.—Under regulations of
the Secretary, the Secretary may waive any requirement
under subsection (a)(1) or (b) for a unit of general local
government for a fiscal year if the Secretary decides that
the financial statements of the government for the year—
‘‘(1) cannot be audited, and the government
shows substantial progress in making the statements
auditable; or
‘‘(2) have been audited by a State agency that
does not follow generally accepted auditing stand-
ards issued by the Comptroller General of the Unit-
ed States or that is not independent, and the State
214
agency shows progress in meeting those auditing
standards or in becoming independent.
‘‘(d) SERIES OF AUDITS.—A series of audits carried
out over a period of not more than 3 years covering the
total amount in the financial accounts of a unit of general
local government is deemed to be a single audit under sub-
sections (a)(1) and (b) of this section.
‘‘(e) AUDIT OPINION.—An opinion of an audit car-
ried out under this section shall be provided to the Sec-
retary in the form and at times required by the Secretary.
No later than 30 days following the completion of the
audit, the unit of general local government shall make the
audit report available for public inspection.
‘‘(f) INVESTIGATIONS BY SECRETARY.—(1) The Sec-
retary shall maintain regulations providing reasonable and
specific time limits for the Secretary to—
‘‘(A) carry out an investigation and make a
finding after receiving a complaint referred to in sec-
tion 6716(b), a determination by a State or local ad-
ministrative agency, or other information about a
possible violation of this chapter;
‘‘(B) carry out audits and reviews (including in-
vestigations of allegations) about possible violations
of this chapter; and
215
‘‘(C) advise a complainant of the status of an
audit, investigation, or review of an allegation by the
complainant of a violation of section 6711 (a) or (b)
or other provision of this chapter.
‘‘(2) The maximum time limit under paragraph
(1)(A) is 90 days.
‘‘(g) REVIEWS BY COMPTROLLER GENERAL.—The
Comptroller General of the United States shall carry out
reviews of the activities of the Secretary, State govern-
ments, and units of general local government necessary
for the Congress to evaluate compliance and operations
under this chapter.
‘‘§ 6719. Reports
‘‘(a) REPORTS
BY SECRETARY
OF TREASURY
TO
CONGRESS.—Before June 2 of each year, the Secretary
personally shall report to the Congress on—
‘‘(1) the status and operation of the Local Gov-
ernment Fiscal Assistance Fund during the prior fis-
cal year; and
‘‘(2) the administration of this chapter, includ-
ing a complete and detailed analysis of—
‘‘(A) actions taken to comply with sections
6711 through 6715, including a description of
the kind and extent of noncompliance and the
status of pending complaints;
216
‘‘(B) the extent to which units of general
local government receiving payments under this
chapter have complied with sections 6702 and
6718 (a), (b), and (d), including a description
of the kind and extent of noncompliance and
actions taken to ensure the independence of au-
dits conducted under section 6718 (a), (b), and
(d);
‘‘(C) the way in which payments under this
chapter have been distributed in the jurisdic-
tions receiving payments; and
‘‘(D) significant problems in carrying out
this chapter and recommendations for legisla-
tion to remedy the problems.
‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOV-
ERNMENT TO SECRETARY OF TREASURY.—(1) At the end
of each fiscal year, each unit of general local government
which received a payment under this chapter for the fiscal
year shall submit a report to the Secretary. The report
shall be submitted in the form and at a time prescribed
by the Secretary and shall be available to the public for
inspection. The report shall state—
‘‘(A) the amounts and purposes for which the
payment has been appropriated, expended, or obli-
gated in the fiscal year;
217
‘‘(B) the relationship of the payment to the rel-
evant functional items in the budget of the govern-
ment; and
‘‘(C) the differences between the actual and
proposed use of the payment.
‘‘(2) The Secretary shall provide a copy of a report
submitted under paragraph (1) by a unit of general local
government to the chief executive officer of the State in
which the government is located. The Secretary shall pro-
vide the report in the manner and form prescribed by the
Secretary.
‘‘(c) REGULATIONS.—The Secretary shall prescribe
regulations for applying this section to units of general
local government that do not adopt budgets.
‘‘§ 6720. Definitions and application
‘‘(a) DEFINITIONS.—In this chapter—
‘‘(1) ‘unit of general local government’ means—
‘‘(A) a county, township, city, or political
subdivision of a county, township, or city, that
is a unit of general local government as deter-
mined by the Secretary of Commerce for gen-
eral statistical purposes; and
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or
218
Alaskan Native village that carries out substan-
tial governmental duties and powers;
‘‘(2) ‘payment period’ means each 1-year period
beginning on October 1 of 1994 and 1995;
‘‘(3) ‘State and local taxes’ means taxes im-
posed by a State government or unit of general local
government or other political subdivision of a State
government for public purposes (except employee
and employer assessments and contributions to fi-
nance retirement and social insurance systems and
other special assessments for capital outlay) as de-
termined by the Secretary of Commerce for general
statistical purposes;
‘‘(4) ‘State’ means any of the several States
and the District of Columbia;
‘‘(5) ‘income’ means the total money income re-
ceived from all sources as determined by the Sec-
retary of Commerce for general statistical purposes;
‘‘(6) ‘per capita income’ means—
‘‘(A) in the case of the United States, the
income of the United States divided by the pop-
ulation of the United States;
‘‘(B) in the case of a State, the income of
that State, divided by the population of that
State; and
219
‘‘(C) in the case of a unit of general local
government, the income of that unit of general
local government divided by the population of
the unit of general local government;
‘‘(7) ‘finding of discrimination’ means a deci-
sion by the Secretary about a complaint described in
section 6716(b), a decision by a State or local ad-
ministrative agency, or other information (under
regulations prescribed by the Secretary) that it is
more likely than not that a unit of general local gov-
ernment has not complied with section 6711 (a) or
(b);
‘‘(8) ‘holding of discrimination’ means a holding
by a United States court, a State court, or an ad-
ministrative law judge appointed under section 3105
of title 5, that a unit of general local government ex-
pending amounts received under this chapter has—
‘‘(A) excluded a person in the United
States from participating in, denied the person
the benefits of, or subjected the person to dis-
crimination under, a program or activity be-
cause of race, color, national origin, or sex; or
‘‘(B) violated a prohibition against dis-
crimination described in section 6711(b); and
220
‘‘(9) ‘Secretary’ means the Secretary of the
Treasury.
‘‘(b) TREATMENT OF SUBSUMED AREAS.—If the en-
tire geographic area of a unit of general local government
is located in a larger entity, the unit of general local gov-
ernment is deemed to be located in the larger entity. If
only part of the geographic area of a unit is located in
a larger entity, each part is deemed to be located in the
larger entity and to be a separate unit of general local
government in determining allocations under this chapter.
Except as provided in regulations prescribed by the Sec-
retary, the Secretary shall make all data computations
based on the ratio of the estimated population of the part
to the population of the entire unit of general local govern-
ment.
‘‘(c) BOUNDARY AND OTHER CHANGES.—If a bound-
ary line change, a State statutory or constitutional change,
annexation, a governmental reorganization, or other cir-
cumstance results in the application of sections 6704
through 6708 in a way that does not carry out the pur-
poses of sections 6701 through 6708, the Secretary shall
apply sections 6701 through 6708 under regulations of the
Secretary in a way that is consistent with those
purposes.’’.
307
‘‘(1) no cross or counter petition, complaint, or
other written pleading was filed seeking such a pro-
tection order; or
‘‘(2) a cross or counter petition has been filed
and the court did not make specific findings that
each party was entitled to such an order.
‘‘§ 2266. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘spouse or intimate partner’ in-
cludes—
‘‘(A) a spouse, a former spouse, a person
who shares a child in common with the abuser,
a person who cohabits or has cohabited with the
abuser as a spouse, and any other person simi-
larly situated to a spouse; and
‘‘(B) any other person, other than a minor
child, who is protected by the domestic or fam-
ily violence laws of the State in which the injury
occurred or where the victim resides;
‘‘(2) the term ‘protection order’ includes any in-
junction or other order issued for the purpose of
preventing violent or threatening acts by one spouse
against his or her spouse, former spouse, or intimate
partner, including temporary and final orders issued
by civil and criminal courts (other than support or