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§ 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.



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