§6716 — Title 31 Money and Finance | U.S. Code

Summary

A person harmed by a local government's prohibited practice can sue in federal or state court, but must first file an administrative complaint with the Secretary, another federal agency head, or the State agency that has an agreement under section 6711(d). If the agency finds no violation or gives no decision by the 90th day after filing, the person may then sue. A court can issue temporary or final relief—such as stopping the practice, ending payments, ordering repayment, or holding payments in escrow—and may award reasonable attorney fees to a winning private party enforcing 6711(a) or (b). The Attorney General may join important cases. The United States can get the same relief and must pay the same fees and costs as a private person.

Title 31, §6716

Money and Finance — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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.

§6716 Civil Action by a Person Adversely Affected

Summary

Title 31, §6716

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata