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31 U.S.C. § 6403 (MONEY AND FINANCE)
§ 6403. Guidance applying data standards for grant reporting
(a) In General.—
Not later than 3 years after the date of enactment of this chapter—
(1) the Secretary and the Director shall jointly issue guidance to all agencies directing the agencies to apply the data standards established under section 6402(a) to all applicable reporting by recipients of Federal awards; and
(2) the Director shall prescribe guidance applying the data standards established under section 6402(a) to audit-related information reported under chapter 75 of this title.
(b) Guidance.—
The guidance issued under subsection (a) shall—
(1) to the extent reasonable and practicable—
(A) minimize the disruption of existing reporting practices of, and not increase the reporting burden on, agencies or recipients of Federal awards; and
(B) explore opportunities to implement modern technologies in reporting relating to Federal awards;
(2) allow the Director to permit exceptions for classes of Federal awards, including exceptions for Federal awards granted to Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), if the Director publishes a list of those exceptions and submits the list to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives; and
(3) take into consideration the consultation required under section 6402(d).
(c) Updating Guidance.—
(1) In general.—
Not less frequently than once every 10 years, the Director shall update the guidance issued under subsection (a).
(2) Procedures.—
In updating guidance under paragraph (1), the Director shall, to the maximum extent practicable, follow the procedures for the development of the data standards and guidance prescribed under this section and section 6402.
(Added Pub. L. 116–103, § 4(a), Dec. 30, 2019, 133 Stat. 3269.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 116–103, which was approved Dec. 30, 2019.
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a Short Title note under section 5301 of Title 25 and Tables.
31 U.S.C. § 6702 (MONEY AND FINANCE)
§ 6702. Local Government Fiscal Assistance Fund
(a) Administration of Fund.—
The Department of the Treasury has a Local Government Fiscal Assistance Fund, which consists of amounts appropriated to the Fund.
(b) Authorization of Appropriations.—
There are authorized to be appropriated to the Fund—
(1) $270,000,000 for fiscal year 1996;
(2) $283,500,000 for fiscal year 1997;
(3) $355,500,000 for fiscal year 1998;
(4) $355,500,000 for fiscal year 1999; and
(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
(c) Administrative Costs.—
Up to 2.5 percent of the amount authorized to be appropriated under subsection (b) is authorized to be appropriated for the period fiscal year 1995 through fiscal year 2000 to be available for administrative costs by the Secretary in furtherance of the purposes of the program. Such sums are to remain available until expended.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1861.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6702, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1012, related to payments to governments, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
heading: Statutory Notes and Related Subsidiaries
heading: Deficit Neutrality
text: Pub. L. 103–322, title III, § 31001(c), Sept. 13, 1994, 108 Stat. 1881, provided that: “Any appropriation to carry out the amendment made by this subtitle [subtitle J (§§ 31001, 31002) of title III of Pub. L. 103–322, enacting this chapter] to title 31, United States Code, for fiscal year 1995 or 1996 shall be offset by cuts elsewhere in appropriations for that fiscal year.”
31 U.S.C. § 6706 (MONEY AND FINANCE)
§ 6706. Income gap multiplier
For purposes of determining the income gap of a unit of general local government under section 6705(b)(4)(A),1 the number which applies is—
(1) 1.6, with respect to ½ of any amount allocated under section 6704 to the State in which the unit is located; and
(2) 1.2, with respect to the remainder of such amount.
(Added Pub. L. 103–322, title III, § 301001(a), Sept. 13, 1994, 108 stat. 1871.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6706, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1014, related to reductions in State government allocations, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6707 (MONEY AND FINANCE)
§ 6707. State variation of local government allocations
(a) State Formula.—
A State government may provide by law for the allocation of amounts among units of general local government in the State on the basis of population multiplied by the general tax effort factors or income gaps of the units of general local government determined under sections 6705(a) and (b) 1 or a combination of those factors. A State government providing for a variation of an allocation formula provided under sections 6705(a) and (b) 1 shall notify the Secretary of the variation by the 30th day before the beginning of the first payment period in which the variation applies. A variation shall—
(1) provide for allocating the total amount allocated under sections 6705(a) and (b); 1 and
(2) apply uniformly in the State.
(b) Certification.—
A variation by a State government under this section may apply only if the Secretary certifies that the variation complies with this section. The Secretary may certify a variation only if the Secretary is notified of the variation at least 30 days before the first payment period in which the variation applies.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1872.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6707, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1016; Pub. L. 98–185, § 9(c), Nov. 30, 1983, 97 Stat. 1312, related to State allocations for units of general local government, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6708 (MONEY AND FINANCE)
§ 6708. Adjustments of local government allocations
(a) Maximum Amount.—
The amount allocated to a unit of general local government for a payment period may not exceed the adjusted taxes imposed by the unit of general local government as determined under section 6705(b)(3).1 Amounts in excess of adjusted taxes shall be paid to the Governor of the State in which the unit of local government is located.
(b) De Minimis Allocations to Units of General Local Government.—
If the amount allocated to a unit of general local government (except an Indian tribe or an Alaskan native 2 village) for a payment period would be less than $5,000 but for this subsection or is waived by the governing authority of the unit of general local government, the Secretary shall pay the amount to the Governor of the State in which the unit is located.
(c) Use of Payments to States.—
The Governor of a State shall use all amounts paid to the Governor 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).
(d) De Minimis Allocations to Indian Tribes and Alaskan Native Villages.—
(1) Aggregation of de minimis allocations.—
If the amount allocated to an Indian tribe or an Alaskan native 2 village for a payment period would be less than $5,000 but for this subsection or is waived by the chief elected official of the tribe or village, the amount—
(A) shall not be paid to the tribe or village (except under paragraph (2)); and
(B) shall be aggregated with other such amounts and available for use by the Attorney General under paragraph (2).
(2) Use of aggregated amounts.—
Amounts aggregated under paragraph (1) for a payment period shall be available for use by the Attorney General to make grants in the payment period on a competitive basis to Indian Tribes 3 and Alaskan native 2 village 4 for—
(A) programs described in section 6701(a)(2); or
(B) renovating or building prisons or other correctional facilities.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1872.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6708, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1017, related to county area and county government allocations, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6709 (MONEY AND FINANCE)
§ 6709. Information used in allocation formulas
(a) Population Data for Payment Period Beginning October 1, 1994.—
For the payment period beginning October 1, 1994, the Secretary, in making allocations pursuant to sections 6704 through 6706 and 6708, shall use for the population of the States the population for 1992 as reported by the Bureau of the Census in the publication Current Population Reports, Series P–25, No. 1045 (July 1992) and for the population of units of general local government the Secretary shall use the population for 1990 as reported by the Bureau of the Census in the publication Summary Social, Economic, and Housing Characteristics.
(b) Data for Payment Periods Beginning After September 30, 1995.—
For any payment period beginning after September 30, 1995, the Secretary, in making allocations pursuant to sections 6704 through 6706 and 6708, shall use information more recent than the information used for the payment period beginning October 1, 1994, provided the Secretary notifies the Committee on Government Operations of the House of Representatives at least 90 days prior to the beginning of the payment period that the Secretary has determined that the more recent information is more reliable than the information used for the payment period beginning October 1, 1994.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1873.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6709, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1018; Pub. L. 97–452, § 1(25), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98–185, § 9(d), Nov. 30, 1983, 97 Stat. 1312, related to other local government allocations, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
31 U.S.C. § 6713 (MONEY AND FINANCE)
§ 6713. Suspension and termination of payments in discrimination proceedings
(a) Imposition and Continuation of Suspensions.—
(1) In general.—
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, United States Code, issues a preliminary decision 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) Effectiveness.—
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 Terminations.—
If a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding based on the holding shall be discontinued.
(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 1 6711(a) and (b); or
(4) if a suspension is discontinued under subsection (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 injured 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.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1876.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6713, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1022; Pub. L. 98–185, §§ 5, 9(e), Nov. 30, 1983, 97 Stat. 1309, 1312, related to information used in allocation formulas, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6714 (MONEY AND FINANCE)
§ 6714. Compliance agreements
(a) Types of Compliance Agreements.—
A compliance 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 complied with section 6711(a) or (b); or
(2) between the Secretary and the chief executive officer.
(b) Contents of Agreements.—
A compliance agreement—
(1) shall state the conditions the unit of general local government has agreed to comply with that would satisfy the obligations of the government under sections 1 6711(a) and (b);
(2) shall cover each matter that has been found not to comply, or would not comply, with section 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 agreement 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 governmental 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.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1877.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6714, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1023; Pub. L. 98–185, § 6, Nov. 30, 1983, 97 Stat. 1310, related to public hearings, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6715 (MONEY AND FINANCE)
§ 6715. Enforcement by the Attorney General of prohibitions 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 General 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 repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1877.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6715, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024, related to prohibition on using payments to influence legislation, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6716 (MONEY AND FINANCE)
§ 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 government 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 district 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 payments 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 intervene 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.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6716, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024; Pub. L. 98–185, § 9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L. 98–216, § 1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of discrimination, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
31 U.S.C. § 6717 (MONEY AND FINANCE)
§ 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 section 6703(f), 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 Proceeding.—
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 action of the Secretary that were presented before the Secretary.
(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 supported 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 additional 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 judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code.
(Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 6717, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1025; Pub. L. 98–185, §§ 7, 9(h), Nov. 30, 1983, 97 Stat. 1310, 1312, related to discrimination proceedings, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.