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U.S. Code as of:
01/19/04
Section 6104. Enforcement
(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) of this section shall be limited
to the particular political entity or other recipient with respect
to which a finding has been made under subsection (a)(1) of this
section. 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) of this section, 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) of this section 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) of this
section, 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.
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