# § 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);
**1** 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
So in original. Probably should be “section”.
**(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.
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**Source Credit**: (Added Pub. L. 103–322, title III, § 31001(a), Sept. 13, 1994, 108 Stat. 1876.)
## Editorial Notes
### Prior Provisions
A prior section 6713, , , ; , §§ 5, 9(e), , , 1312, related to information used in allocation formulas, prior to repeal by , (e), , , 329, eff. .