U.S. Code » Title 31 » Subtitle SUBTITLE V— GENERAL ASSISTANCE ADMINISTRATION › Chapter CHAPTER 67— FEDERAL PAYMENTS

31 U.S.C. § 6716

Civil action by a person adversely affected

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(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, § 31001(a), Sept. 13, 1994, 108 Stat. 1878.)Editorial NotesPrior Provisions

A prior section 6716, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024; Pub. L. 98–185, § 9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L. 98–216, § 1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of discrimination, prior to repeal by Pub. L. 99–272, title XIV, § 14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1983–2024 · leading case: Cleburne Living Ctr., Inc. v. City of Cleburne, Texas, 726 F.2d 191 (5th Cir. 1984).
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Cleburne Living Ctr., Inc. v. City of Cleburne, Texas, 726 F.2d 191 (5th Cir. 1984). · cites it 3× “§ 1242 (a)(1) (1982), recodified at 31 U.S.C.A. § 6716 (b)(2) (1983). The plaintiffs also claim that the ordinance and its application violate the Equal Protection and Due Process clauses of the Constitution.”
Frazier v. Fairhaven Sch. Comm., 122 F. Supp. 2d 104 (D. Mass. 2000). · cites it 5× “§ 1232 ); and the Revenue Sharing Act of 1972 ( 31 U.S.C. § 6716 ). The plaintiffs also allege intentional infliction of emotional distress and assert claims under the Massachusetts Tort Claims Act (M.”
United States v. City of Yonkers, 592 F. Supp. 570 (S.D.N.Y. 1984). · cites it 2× “§§ 2000e-2000e-17; the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 6716 ; the Comprehensive Employment and Training Act of 1973, Pub.”
Graboski v. Guiliani, 937 F. Supp. 258 (S.D.N.Y. 1996). · cites it 2× “Plaintiffs provide no indication that they have exhausted their administrative remedies for that claim as is required under 31 U.S.C. § 6716 (a)-(b) (1996 Supp.). In any event, as the predicate claims of discrimination are meritless, so too is the Revenue Sharing Act claim.”
Brennan v. Stewart, 834 F.2d 1248 (5th Cir. 1988). · cites it 2× “§ 794 , and § 122(a) of the Fiscal Assistance to State and Local Governments Act, 31 U.S.C. § 6716 (b)(2), and violated Texas anti-discrimination laws.”
City of Salem v. Massachusetts Comm'n Against Discrimination, 693 N.E.2d 1026 (Mass. App. Ct. 1998). “After an original investigation and numerous subsequent reviews, the ORS, in June, 1984, determined that the city was more likely than not in violation of 31 U.S.C. § 6716 (1982). 12 The ORS then sought to enforce its decision by bringing an administrative complaint against the…”
Foss v. City of Chicago, 640 F. Supp. 1088 (N.D. Ill. 1986). · cites it 2× “31 U.S.C. § 6716 . Congress intended to limit claims under the statute to situations where there was direct contact between the funds and the program or activity in which the discrimination allegedly occurred.”
Huff v. Israel, 573 F. Supp. 107 (M.D. Ga. 1983). · cites it 3× “§ 1242 (now codified as 31 U.S.C. § 6716 ), and Section 504 of the Rehabilitation Act of 1973, 29 U.”
United States v. City of Northlake, Illinois, 942 F.2d 1164 (7th Cir. 1991). “, and the non-discrimination provisions contained in the now-defunct Revenue Sharing Act of 1972, as amended, 31 U.S.C. § 6716 . Two years later, in March 1987, the United States and the City entered into a judicially approved consent decree.”
Conlon v. City of Long Beach, 676 F. Supp. 1289 (E.D.N.Y 1987). · cites it 2× “2341 , 2350-51 (current version at 31 U.S.C. § 6716 (c)(1) (1982 & Supp. Ill 1985)).”
Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103 (9th Cir. 1987). “In their complaint, appellants also alleged violation of 31 U.S.C. § 6716 (b)(2), which prohibits discrimination on the basis of handicap by state and local government agencies that receive revenue sharing funds.”
Foss v. City of Chicago, 817 F.2d 34 (7th Cir. 1987). · cites it 3× “§ 794 , and the nondiscrimination provisions of the State and Local Fiscal Assistance Act, 31 U.S.C. § 6716 . The district court dismissed the plaintiffs complaint because the alleged discrimination was not related to a program or activity receiving federal financial assistance.”
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— 31 U.S.C. § 6716(c)(1) — 1 case
Cleburne Living Ctr., Inc. v. City of Cleburne, Texas, 726 F.2d 191 (5th Cir. 1984). “§ 1242 (a)(1) (1982), recodified at 31 U.S.C.A. § 6716 (b)(2) (1983). The plaintiffs also claim that the ordinance and its application violate the Equal Protection and Due Process clauses of the Constitution.”
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