42 U.S.C. § 3614 — Enforcement by Attorney General

Page 5964 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3614 Attorney General certifies that the case is of general public importance. Upon such interven- tion the Attorney General may obtain such re- lief as would be available to the Attorney Gen- eral under section 3614(e) of this title in a civil action to which such section applies. (Pub. L. 90–284, title VIII, § 813, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1633.) Editorial Notes PRIOR PROVISIONS A prior section 3613, Pub. L. 90–284, title VIII, § 813, Apr. 11, 1968, 82 Stat. 88, related to enforcement by At- torney General by bringing civil action requesting pre- ventive relief, prior to repeal by Pub. L. 100–430, § 8(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an Effective Date of 1988 Amendment note under sec- tion 3601 of this title. § 3614. Enforcement by Attorney General (a) Pattern or practice cases Whenever the Attorney General has reason- able cause to believe that any person or group of persons is engaged in a pattern or practice of re- sistance to the full enjoyment of any of the rights granted by this subchapter, or that any group of persons has been denied any of the rights granted by this subchapter and such de- nial raises an issue of general public impor- tance, the Attorney General may commence a civil action in any appropriate United States district court. (b) On referral of discriminatory housing prac- tice or conciliation agreement for enforce- ment (1)(A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Secretary under section 3610(g) of this title. (B) A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory hous- ing practice. (2)(A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the Secretary under section 3610(c) of this title. (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under section 3610(c) of this title. (c) Enforcement of subpoenas The Attorney General, on behalf of the Sec- retary, or other party at whose request a sub- poena is issued, under this subchapter, may en- force such subpoena in appropriate proceedings in the United States district court for the dis- trict in which the person to whom the subpoena was addressed resides, was served, or transacts business. (d) Relief which may be granted in civil actions under subsections (a) and (b) (1) In a civil action under subsection (a) or (b), the court— (A) may award such preventive relief, in- cluding a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this sub- chapter as is necessary to assure the full en- joyment of the rights granted by this sub- chapter; (B) may award such other relief as the court deems appropriate, including monetary dam- ages to persons aggrieved; and (C) may, to vindicate the public interest, as- sess a civil penalty against the respondent— (i) in an amount not exceeding $50,000, for a first violation; and (ii) in an amount not exceeding $100,000, for any subsequent violation. (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reason- able attorney’s fee and costs. The United States shall be liable for such fees and costs to the ex- tent provided by section 2412 of title 28. (e) Intervention in civil actions Upon timely application, any person may in- tervene in a civil action commenced by the At- torney General under subsection (a) or (b) which involves an alleged discriminatory housing prac- tice with respect to which such person is an ag- grieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such inter- vening party as is authorized to be granted to a plaintiff in a civil action under section 3613 of this title. (Pub. L. 90–284, title VIII, § 814, as added Pub. L. 100–430, § 8(2), Sept. 13, 1988, 102 Stat. 1634.) Editorial Notes PRIOR PROVISIONS A prior section 3614, Pub. L. 90–284, title VIII, § 814, Apr. 11, 1968, 82 Stat. 88, related to expedition of court proceedings under section 3612 or 3613 of this title, prior to repeal by Pub. L. 98–620, title IV, § 402(40), Nov. 8, 1984, 98 Stat. 3360. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as an Effective Date of 1988 Amendment note under sec- tion 3601 of this title. § 3614–1. Incentives for self-testing and self-cor- rection (a) Privileged information (1) Conditions for privilege A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person— (A) conducts, or authorizes an independent third party to conduct, a self-test of any as-