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42 U.S.C. § 300aa–31 — Citizen’s actions

submitted 82 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 130 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone can sue the Secretary in federal court if the Secretary fails to do a required duty under this law. But the person must first give the Secretary 60 days' written notice. If the person mostly wins, the court can make the Secretary pay their legal costs.

(a) General rule: Except as subsection (b) limits, any person can file a civil lawsuit in a U.S. district court on their own behalf against the Secretary, claiming the Secretary failed to perform a required act or duty under this part. (b) Notice: A person cannot file this lawsuit until at least 60 days after giving the Secretary written notice that they plan to sue. (c) Costs of litigation: When the court issues a final ruling in this kind of lawsuit, it can order the Secretary to pay the winning plaintiff's litigation costs — including reasonable attorney and expert witness fees — if that plaintiff mostly won on one or more important issues.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Except as provided in subsection (b), any person may commence in a district court of the United States a civil action on such person’s own behalf against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this part.

(b) Notice

No action may be commenced under subsection (a) before the date which is 60 days after the person bringing the action has given written notice of intent to commence such action to the Secretary.

(c) Costs of litigation

The court, in issuing any final order in any action under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any plaintiff who substantially prevails on one or more significant issues in the action.

Source credit: (July 1, 1944, ch. 373, title XXI, § 2131, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3778; amended Pub. L. 100–203, title IV, § 4305, Dec. 22, 1987, 101 Stat. 1330–224.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-660 · 100 Stat. 3778
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1944-07-01.

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