42 U.S.C. § 6104 — Enforcement

(a) The head of any Federal department or agency^* that issues regulations under section 6103 may seek compliance with a regulation by (1) terminating, refusing to grant, or refusing to continue assistance under the relevant program or activity^* to a recipient after reasonable notice, an opportunity for a hearing, and an express finding on the record that the recipient failed to comply; or (2) any other means authorized by law.

(b) Any termination or refusal under subsection (a)(1) must be limited to the particular political entity or other recipient for which the finding was made. It must also be limited to the particular program or activity, or part of it, for which the finding was made. It may not be based, in whole or in part, on a finding about a program or activity that does not receive Federal financial assistance. When the head of a Federal department or agency that issues regulations under section 6103 withholds funds under subsection (a), that official may, under regulations the official prescribes, give the withheld funds directly to a public or nonprofit private organization or agency, or to a State^* or political subdivision, that shows it can achieve the goals of the Federal law authorizing the program or activity while complying with regulations issued under section 6103.

(c) Before action may be taken under subsection (a), the head of the department or agency involved must tell the appropriate person about the failure to comply with the relevant regulation and must decide that compliance cannot be obtained through voluntary means. This section does not define the term "appropriate person."

(d) When action is taken under subsection (a), the head of the department or agency involved must send a written report about the circumstances and grounds for the action to the committees of the House of Representatives and Senate that have legislative jurisdiction over the program or activity. The action may not take effect until 30 days after the report is sent.

(e)(1) When an interested person brings an action in the United States district court for the district where the defendant is found or transacts business to stop a violation of this Act by a program or activity receiving Federal financial assistance, the interested person must notify the Secretary^* of Health and Human Services, the Attorney General of the United States, and the person against whom the action is directed by registered mail at least 30 days before starting the action. The interested person may demand reasonable attorney's fees in the complaint. If the person does so, the court must award the costs of the lawsuit, including a reasonable attorney's fee, to the plaintiff who wins.

(e)(2) The notice described in paragraph (1) must state the nature of the alleged violation, the relief the person will request, the court in which the action will be brought, and whether the person is demanding attorney's fees if the plaintiff wins. An action described in paragraph (1) may not be brought (A) if, when the action is brought, the same alleged violation by the same defendant is the subject of a pending action in any court of the United States; or (B) if administrative remedies have not been exhausted. This section does not define the term "administrative remedies."

(f) For an action seeking relief based on an alleged violation of this chapter, administrative remedies are considered exhausted when 180 days have passed since an administrative complaint was filed and the Federal department or agency has made no finding about the complaint, or on the day the department or agency issues a finding in favor of the recipient of financial assistance, whichever happens first.