
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6104]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
      CHAPTER 76--AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
 
Sec. 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.

(Pub. L. 94-135, title III, Sec. 305, Nov. 28, 1975, 89 Stat. 730; Pub. 
L. 95-478, title IV, Sec. 401(c), (d), Oct. 18, 1978, 92 Stat. 1555, 
1556; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       References in Text

    This Act, referred to in subsec. (e)(1), probably means Pub. L. 94-
135, Nov. 28, 1975, 89 Stat. 713, as amended, 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, Sec. 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, Sec. 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, Sec. 401(c), added subsec. (f).

                         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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 6105 of this title.
