; and (II) on or after the day on which a State first receives or uses Federal financial assistance for that program or activity. (iv) Definition of program or activity In this subparagraph, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). (E) Remedies for Tribal government employees (i) Waiver of sovereign immunity A Tribal government's receipt or use of Federal financial assistance for any program or activity of the Tribal government shall constitute a waiver of sovereign immunity to a suit brought by a covered individual of that program or activity, or a labor organization representing such a covered individual, under this paragraph for equitable, legal, or other relief authorized under this paragraph. (ii) Official capacity An official of a Tribal government may be sued in the official capacity of the official by any covered individual or such a labor organization who has complied with the procedures under this paragraph for injunctive relief that is authorized under this paragraph. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (iii) Applicability With respect to a particular program or activity, clause (i) applies to conduct that occurs— (I) after the date of enactment of this Act