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42 U.S.C. § 6105 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6105 — Judicial review

**(a) Provisions of other laws** Any action by any Federal department or agency under [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6104&num=0&edition=prelim) shall be subject to such judicial review as may otherwise be provided by law for similar action taken by any such department or agency on other grounds. **(b) Provisions of chapter 7 of title 5; reviewable agency discretion** In the case of any action by any Federal department or agency under [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6104&num=0&edition=prelim) which is not otherwise subject to judicial review, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of chapter 7 of title 5. For purposes of this subsection, any such action shall not be considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title.

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Stable record: federal_law:legal_authorities:record_usc_5ce9b7f0caa124abe1f17a37
Source file: Laws/federal/codes/united-states-code/title-42/section-6105-judicial-review--4ff2560b66.md
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Passage SHA-256: 6d521c17575a6b5ba4bcc4f0341950f973768abffd5e6226b3dbecf890940653

Source location: Title 42, Chapter 76, § 6105; chapter-076-age-discrimination-in-federally-assisted-programs.md

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**(a) Provisions of other laws** Any action by any Federal department or agency under [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6104&num=0&edition=prelim) shall be subject to such judicial review as may otherwise be provided by law for similar action taken by any such department or agency on other grounds. **(b) Provisions of chapter 7 of title 5; reviewable agency discretion** In the case of any action by any Federal department or agency under [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6104&num=0&edition=prelim) which is not otherwise subject to judicial review, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of chapter 7 of title 5. For purposes of this subsection, any such action shall not be considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6104 — Enforcement

**(a) Methods of achieving compliance with regulations** The head of any Federal department or agency who prescribes regulations under [section 6103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6103&num=0&edition=prelim) may seek to achieve compliance with any such regulation— (1) by terminating, or refusing to grant or to continue, assistance under the program or activity involved to any recipient with respect to whom there has been an express finding on the record, after reasonable notice and opportunity for hearing, of a failure to comply with any such regulation; or (2) by any other means authorized by law. **(b) Limitations on termination of, or on refusal to grant or to continue, assistance; disbursement of withheld funds to achiever agencies** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6103&num=0&edition=prelim) 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 priva

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6105 — Judicial review

Page 6647 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6106 (Pub. L. 94–135, title III, § 305, Nov. 28, 1975, 89 Stat. 730; Pub. L. 95–478, title IV, § 401(c), (d), Oct. 18, 1978, 92 Stat. 1555, 1556; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT This 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. AMENDMENTS 1978—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 activ- ity while complying with the regulations. Subsec. (e). Pub. L. 95–478, § 401(c), substituted provi- sions 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’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ 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. § 6105. Judicial review (a) Provisions of other laws Any action by any Federal department or agency under section 6104 of this titl

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6105

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