§ 1997b. Certification requirements; Attorney General to personally sign certification

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Civil Rights of Institutionalized Persons Act

   Pub. L. 96–247 § 4 · 94 Stat. 349

   Enacted · 42 U.S.C. § 1997b

   Pub. L. 96–247, § 4, May 23, 1980, 94 Stat. 350

   Source evidence

   Code source credit
   Pub. L. 96–247, § 4, May 23, 1980, 94 Stat. 350

   Enacted provision · exact public law section
   SEC. 4. CERTIFICATION REQUIREMENTS. (a) At the time of the commencement of an action under section 2 the Attorney General shall certify to the court— (1) that at least 49 calendar days previously he has notified in writing the Governor or chief executive officer and attorney general or chief legal officer of the appropriate State or political subdivision and the director of the institution of— (A) the alleged conditions which deprive rights, privileges, or immunities secured or protected by the Constitution or laws of the United States and the alleged pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities; (B) the supporting facts giving rise to the alleged conditions and the alleged pattern or practice, including the dates or time period during which the alleged conditions and pattern or practice of resistance occurred; and when feasible, the identity of all persons reasonably suspected of being involved in causing the alleged conditions and pattern or practice at the time of the certification, and the date on which the alleged conditions and pattern or practice were first brought to the attention of the Attorney General; and (C) the minimum measures which he believes may remedy the alleged conditions and the alleged pattern or practice of resistance; (2) that he has notified in writing the Governor or chief Notification of investigation. executive officer and attorney general or chief legal officer of the appropriate State or political subdivision and the director of the institution of his intention to commence an investigation of such institution, that such notice was delivered at least seven days prior to the commencement of such investigation and that between the time of such notice and the commencement of an action under section 3 of this Act— (A) he has made a reasonable good faith effort to consult with the Governor or chief executive officer and attorney general or chief legal officer of the appropriate State or political subdivision and the director of the institution, or their designees, regarding financial, technical, or other assistance which may be available from the United States and which he believes may assist in the correction of such conditions and pattern or practice of resistance; (B) he has encouraged the appropriate officials to correct the alleged conditions and pattern or practice of resistance through informal methods of conference, conciliation and persuasion, including, to the extent feasible, discussion of the possible costs and fiscal impacts of alternative minimum corrective measures, and it is his opinion that reasonable efforts at voluntary correction have not succeeded; and (C) he is satisfied that the appropriate officials have had a reasonable time to take appropriate action to correct such conditions and pattern or practice, taking into consideration the time required to remodel or make necessary changes in physical facilities or relocate residents, reasonable legal or procedural requirements, the urgency of the need to correct such conditions, and other circumstances involved in correcting such conditions; and (3) that he believes that such an action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. USC prec. title 1. (b) Any certification made by the Attorney General pursuant to this section shall be personally signed by him.

2. 1982

   Pub. L. 97–256 title II § 201(a) · 96 Stat. 816

   Substituted · 42 U.S.C. § 1997b(a)

   Pub. L. 97–256 substituted “section 1997a of this title” for “section 1997 of this title” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–256 substituted “section 1997a of this title” for “section 1997 of this title” in provisions preceding par. (1).

   Enacted provision · exact public law section
   (a) That portion of section 4(a) of the Civil Rights of Institutionalized 42 USC 1997b. Persons Act which precedes paragraph (1) thereof is amended by striking out “section 2” and inserting in lieu thereof “section 3”.

3. 1996

   Pub. L. 104–134 § 101 · 110 Stat. 1321

   Substituted · 42 U.S.C. § 1997b(a)(1)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he” in introductory provisions and in subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he” in introductory provisions and in subpar. (C).

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

4. 1996

   Pub. L. 104–134 § 101 · 110 Stat. 1321

   Substituted · 42 U.S.C. § 1997b(a)(2)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he” wherever appearing in introductory provisions and in subpars. (A) to (C)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he” wherever appearing in introductory provisions and in subpars. (A) to (C).

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

5. 1996

   Pub. L. 104–134 § 101 · 110 Stat. 1321

   Substituted · 42 U.S.C. § 1997b(a)(2)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(B)], substituted “the Attorney General’s” for “his” in introductory provisions and in subpar. (B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(B)], substituted “the Attorney General’s” for “his” in introductory provisions and in subpar. (B).

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

6. 1996

   Pub. L. 104–134 § 101 · 110 Stat. 1321

   Substituted · 42 U.S.C. § 1997b(a)(3)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(1)(A)], substituted “the Attorney General” for “he”.

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

7. 1996

   Pub. L. 104–134 § 101 · 110 Stat. 1321

   Amended · 42 U.S.C. § 1997b(b)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(2)], amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Any certification made by the Attorney General pursuant to this section shall be personally signed by him.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(b)(2)], amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Any certification made by the Attorney General pursuant to this section shall be personally signed by him.”

   Enacted provision · exact public law section
   Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

7 of 7 references resolved to an enrolled provision