§ 1997c. Intervention in actions

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 § 5 · 94 Stat. 349

   Enacted · 42 U.S.C. § 1997c

   Pub. L. 96–247, § 5, May 23, 1980, 94 Stat. 351

   Source evidence

   Code source credit
   Pub. L. 96–247, § 5, May 23, 1980, 94 Stat. 351

   Enacted provision · exact public law section
   SEC. 5. INTERVENTION IN ACTIONS. (a) (1) Whenever an action has been commenced in any court of the United States seeking relief from egregious or flagrant conditions which deprive persons residing in institutions of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing them to suffer grievous harm and the Attorney General has reasonable cause to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may intervene in such action upon motion by the Attorney General. (2) The Attorney General shall not file a motion to intervene under paragraph (1) before 90 days after the commencement of the action, except that if the court determines it would be in the interests of justice, the court may shorten or waive the time period. (b) (1) The Attorney General shall certify to the court in the motion Certification to court. to intervene filed under subsection (a)— (A) that he has notified in writing, at least fifteen days previously, the Governor or chief executive officer, attorney general or chief legal officer of the appropriate State or political subdivision, and the director of the institution of— (i) 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; (ii) the supporting facts giving rise to the alleged conditions, including the dates and time period during which the alleged conditions and pattern or practice of resistance occurred; and (iii) to the extent feasible and consistent with the interests of other plaintiffs, the minimum measures which he believes may remedy the alleged conditions and the alleged pattern or practice of resistance; and (B) that he believes that such intervention 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. (2) Any certification made by the Attorney General pursuant to this subsection shall be personally signed by him. (c) Any motion to intervene made by the Attorney General pursuant to this section shall be personally signed by him. (d) In any action in which the United States joins as an intervenor under this section, the court may allow the prevailing party, other than the United States, a reasonable attorney’s fee against the United States as part of the costs. Nothing in this subsection precludes the award of attorney’s fees available under any other provisions of the United States Code.

2. 1996

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

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

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

   Source evidence

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

   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:

3. 1996

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

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

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

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(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:

4. 1996

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

   Amended · 42 U.S.C. § 1997c(b)(2)

   Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(1)(B)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any certification made by the Attorney General pursuant to this subsection shall be personally signed by him.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(1)(B)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any certification made by the Attorney General pursuant to this subsection 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:

5. 1996

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

   Amended · 42 U.S.C. § 1997c(c)

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

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–134, § 101[(a)] [title VIII, § 803(c)(2)], amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any motion to intervene 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:

5 of 5 references resolved to an enrolled provision