§ 6716. — Civil action by a person adversely affected.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC6716]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 67--FEDERAL PAYMENTS
Sec. 6716. Civil action by a person adversely affected
(a) Authority for Private Suits in Federal or State Court.--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) Administrative Remedies Required To Be Exhausted.--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) Authority of Court.--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) Intervention by Attorney General.--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.
(Added Pub. L. 103-322, title III, Sec. 31001(a), Sept. 13, 1994, 108
Stat. 1878.)
Prior Provisions
A prior section 6716, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1024;
Pub. L. 98-185, Sec. 9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L.
98-216, Sec. 1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of
discrimination, prior to repeal by Pub. L. 99-272, title XIV,
Sec. 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18,
1986.
Section Referred to in Other Sections
This section is referred to in sections 6714, 6718, 6720 of this
title.