(i) receipt of notice of a finding, after notice and opportunity
for a hearing, by a Federal court (other than in an action brought by the
Attorney General) or State court, or by a Federal or State administrative
agency, to the effect that there has been a pattern or practice of discrimination
in violation of paragraph (1); or
(ii) a determination after an investigation by the Office of Justice
Programs (prior to a hearing under subparagraph (F) but including an opportunity
for the State government or unit of local government to make a documentary
submission regarding the allegation of discrimination with respect to such
program or activity, with funds made available under this chapter) that
a State government or unit of local government is not in compliance with
paragraph (1);
the Office of Justice Programs shall, within ten days after such occurrence,
notify the chief executive of the affected State, or the State in which
the affected unit of local government is located, and the chief executive
of such unit of local government, that such program or activity has been
so found or determined not to be in compliance with paragraph (1), and
shall request each chief executive, notified under this subparagraph with
respect to such violation, to secure compliance. For purposes of clause
(i) a finding by a Federal or State administrative agency shall be deemed
rendered after notice and opportunity for a hearing if it is rendered pursuant
to procedures consistent with the provisions of subchapter II of chapter
5 of Title 5.
(B) In the event the chief executive secures compliance after notice
pursuant to subparagraph (A), the terms and conditions with which the affected
State government or unit of local government agrees to comply shall be
set forth in writing and signed by the chief executive of the State, by
the chief executive of such unit (in the event of a violation by a unit
of local government), and by the Office of Justice Programs. On or prior
to the effective date of the agreement, the Office of Justice Programs
shall send a copy of the agreement to each complainant, if any, with respect
to such violation. The chief executive of the State, or the chief executive
of the unit (in the event of a violation by a unit of local government)
shall file semiannual reports with the Office of Justice Programs detailing
the steps taken to comply with the agreement. These reports shall cease
to be filed upon the determination of the Office of Justice Programs that
compliance has been secured, or upon the determination by a Federal or
State court that such State government or local governmental unit is in
compliance with this section. Within fifteen days of receipt of such reports,
the Office of Justice Programs shall send a copy thereof to each such complainant.
(C) If, at the conclusion of ninety days after notification under subparagraph
(A)--
(i) compliance has not been secured by the chief executive
of that State or the chief executive of that unit of local government;
and
(ii) an administrative law judge has not made a determination under
subparagraph (F) that it is likely the State government or unit of local
government will prevail on the merits; the Office of Justice Programs shall
notify the Attorney General that compliance has not been secured and caused
to have suspended further payment of any funds under this chapter to that
program or activity. Such suspension shall be limited to the specific program
or activity cited by the Office of Justice Programs in the notice under
subparagraph (A). Such suspension shall be effective for a period of not
more than one hundred and twenty days, or, if there is a hearing under
subparagraph (G), not more than thirty days after the conclusion of such
hearing, unless there has been an express finding by the Office of Justice
Programs after notice and opportunity for such a hearing, that the recipient
is not in compliance with paragraph (1).
(D) Payment of the suspended funds shall resume only if--
(i) such State government or unit of local government enters
into a compliance agreement approved by the Office of Justice Programs
and the Attorney General in accordance with subparagraph (B);
(ii) such State government or unit of local government complies fully
with the final order or judgment of a Federal or State court, or by a Federal
or State administrative agency if that order or judgment covers all the
matters raised by the Office of Justice Programs in the notice pursuant
to subparagraph (A), or is found to be in compliance with paragraph (1)
by such court; or
(iii) after a hearing the Office of Justice Programs pursuant to subparagraph
(F) finds that noncompliance has not been demonstrated.
(E) Whenever the Attorney General files a civil action alleging a pattern
or practice of discriminatory conduct on the basis of race, color, religion,
national origin, or sex in any program or activity of a State government
or unit of local government which State government or unit of local government
receives funds made available under this chapter, and the conduct allegedly
violates the provisions of this section and neither party within forty-five
days after such filing has been granted such preliminary relief with regard
to the suspension or payment of funds as may be otherwise available by
law, the Office of Justice Programs shall cause to have suspended further
payment of any funds under this chapter to that specific program or activity
alleged by the Attorney General to be in violation of the provisions of
this subsection until such time as the court orders resumption of payment.
(F) Prior to the suspension of funds under subparagraph (C), but within
the ninety-day period after notification under subparagraph (C), the State
government or unit of local government may request an expedited preliminary
hearing on the record in accordance with section 554 of Title 5, in order
to determine whether it is likely that the State government or unit of
local government would, at a full hearing under subparagraph (G), prevail
on the merits on the issue of the alleged noncompliance. A finding under
this subparagraph by the administrative law judge in favor of the State
government or unit of local government shall defer the suspension of funds
under subparagraph (C) pending a finding of noncompliance at the conclusion
of the hearing on the merits under subparagraph (G).
(G)(i) At any time after notification under subparagraph (A), but before
the conclusion of the one-hundred-and-twenty-day period referred to in
subparagraph (C), a State government or unit of local government may request
a hearing on the record in accordance with section 554 of Title 5, which
the Office of Justice Programs shall initiate within sixty days of such
request.
(ii) Within thirty days after the conclusion of the hearing,
or, in the absence of a hearing, at the conclusion of the one-hundred-and-twenty-day
period referred to in subparagraph (C), the Office of Justice Programs
shall make a finding of compliance or noncompliance. If the Office of Justice
Programs makes a finding of noncompliance, the Office of Justice Programs
shall notify the Attorney General in order that the Attorney General may
institute a civil action under paragraph (3), cause to have terminated
the payment of funds under this chapter, and, if appropriate, seek repayment
of such funds.
(iii) If the Office of Justice Programs makes a finding of compliance,
payment of the suspended funds shall resume as provided in subparagraph
(D).
(H) Any State government or unit of local government aggrieved by a final
determination of the Office of Justice Programs under subparagraph (G)
may appeal such determination as provided in section 3785 of this title.