42 U.S.C. § 6104
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-
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.
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.
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.
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.
42 U.S.C. § 6104
EDITORIAL NOTES
REFERENCES IN TEXTThis 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.
AMENDMENTS1978-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 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.
- Federal department or agency
- the term "Federal department or agency" means any agency as defined in section 551 of title 5 and includes the United States Postal Service and the Postal Regulatory Commission; and
- Secretary
- the term "Secretary" means the Secretary of Health and Human Services;
- program or activity
- the term "program or activity" means all of the operations of-(A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;(B)(i) a college, university, or other postsecondary institution, or a public system of higher education; or(ii) a local educational agency (as defined in section 7801 of title 20), system of vocational education, or other school system;(C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-(I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or(D) any other entity which is established by two or more of the entities described in subparagraph (A), (B), or (C);any part of which is extended Federal financial assistance.