42 U.S.C. § 6104: Enforcement

Summary

Federal agency leaders who make rules can stop or refuse federal money to a person or group that a hearing has found did not follow those rules. They can also use other legal ways to get people to comply. Any cut-off of money must only apply to the specific recipient and the specific program or part of a program found to be out of compliance. The agency cannot base a cut-off on findings about programs that do not get federal funds. If funds are withheld, the agency may, under rules it makes, pay the money instead to public agencies, nonprofit groups, or state or local governments that can carry out the program and follow the rules. No action may start until the agency tells the person about the violation and decides that voluntary compliance won’t work. The agency must send a written report about the action to the House and Senate committees that oversee the program, and the action cannot take effect until 30 days after that report is sent. A person who cares about a violation can sue in federal district court where the defendant is located or does business to stop it. That person must send notice by registered mail at least 30 days before filing to the HHS Secretary, the U.S. Attorney General, and the defendant. The notice must describe the violation, the relief sought, the court to be used, and whether attorney’s fees will be requested. The suit cannot be filed if the same claim is already in a federal court or if administrative remedies have not been exhausted. Administrative remedies are treated as exhausted after 180 days from filing an administrative complaint with no agency finding, or sooner if the agency rules for the recipient. If the plaintiff requests attorney’s fees and wins, the court must award court costs and a reasonable lawyer’s fee.

Title 42, §6104

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Methods of achieving compliance with regulations

The head of any Federal department or agency who prescribes regulations under section 6103 of this title may seek to achieve compliance with any such regulation—

(1)by terminating, or refusing to grant or to continue, assistance under the program or activity involved to any recipient with respect to whom there has been an express finding on the record, after reasonable notice and opportunity for hearing, of a failure to comply with any such regulation; or

(2)by any other means authorized by law.

(b)Limitations on termination of, or on refusal to grant or to continue, assistance; disbursement of withheld funds to achiever agencies

Any termination of, or refusal to grant or to continue, assistance under subsection (a)(1) shall be limited to the particular political entity or other recipient with respect to which a finding has been made under subsection (a)(1). Any such termination or refusal shall be limited in its effect to the particular program or activity, or part of such program or activity, with respect to which such finding has been made. No such termination or refusal shall be based in whole or in part on any finding with respect to any program or activity which does not receive Federal financial assistance. Whenever the head of any Federal department or agency who prescribes regulations under section 6103 of this title withholds funds pursuant to subsection (a), he may, in accordance with regulations he shall prescribe, disburse the funds so withheld directly to any public or nonprofit private organization or agency, or State or political subdivision thereof, which demonstrates the ability to achieve the goals of the Federal statute authorizing the program or activity while complying with regulations issued under section 6103 of this title.

(c)Advice as to failure to comply with regulation; determination that compliance cannot be secured by voluntary means

No action may be taken under subsection (a) until the head of the Federal department or agency involved has advised the appropriate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means.

(d)Report to Congressional committees

In the case of any action taken under subsection (a), the head of the Federal department or agency involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of Representatives and the Senate having legislative jurisdiction over the program or activity involved. No such action shall take effect until thirty days after the transmission of any such report.

(e)Injunctions; notice of violations; costs; conditions for actions

(1)When any interested person brings an action in any United States district court for the district in which the defendant is found or transacts business to enjoin a violation of this Act by any program or activity receiving Federal financial assistance, such interested person shall give notice by registered mail not less than 30 days prior to the commencement of that action to the Secretary of Health and Human Services, the Attorney General of the United States, and the person against whom the action is directed. Such interested person may elect, by a demand for such relief in his complaint, to recover reasonable attorney’s fees, in which case the court shall award the costs of suit, including a reasonable attorney’s fee, to the prevailing plaintiff.

(2)The notice referred to in paragraph (1) shall state the nature of the alleged violation, the relief to be requested, the court in which the action will be brought, and whether or not attorney’s fees are being demanded in the event that the plaintiff prevails. No action described in paragraph (1) shall be brought (A) if at the time the action is brought the same alleged violation by the same defendant is the subject of a pending action in any court of the United States; or (B) if administrative remedies have not been exhausted.

(f)Exhaustion of administrative remedies

With respect to actions brought for relief based on an alleged violation of the provisions of this chapter, administrative remedies shall be deemed exhausted upon the expiration of 180 days from the filing of an administrative complaint during which time the Federal department or agency makes no finding with regard to the complaint, or upon the day that the Federal department or agency issues a finding in favor of the recipient of financial assistance, whichever occurs first.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (e)(1), probably means Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 713, known as the Older Americans

Amendments

of 1975. For complete classification of this Act to the Code, see

Short Title

of 1975 Amendment note set out under section 3001 of this title and Tables.

Amendments

1978—Subsec. (b). Pub. L. 95–478, § 401(d), authorized disbursement of withheld funds directly to organization or agency demonstrating ability to achieve the goals of the Federal statute authorizing the program or activity while complying with the

Regulations

. Subsec. (e). Pub. L. 95–478, § 401(c), substituted provisions relating to injunctions, notice of violations, and costs for provision making this section the exclusive remedy for the

Enforcement

of the provisions of this chapter. Subsec. (f). Pub. L. 95–478, § 401(c), added subsec. (f).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (e)(1) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–478 effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title.

§6104 Enforcement

Summary

Title 42, §6104

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Short Title

Amendments

Regulations

Enforcement

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Citations & Metadata