
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1997b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER I-A--INSTITUTIONALIZED PERSONS
 
Sec. 1997b. Certification requirements; Attorney General to 
        personally sign certification
        
    (a) At the time of the commencement of an action under section 1997a 
of this title the Attorney General shall certify to the court--
        (1) that at least 49 calendar days previously the Attorney 
    General 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 the Attorney General believes 
        may remedy the alleged conditions and the alleged pattern or 
        practice of resistance;

        (2) that the Attorney General 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 the Attorney General's 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 1997a of this title--
            (A) the Attorney General 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 the Attorney General believes may assist in the 
        correction of such conditions and pattern or practice of 
        resistance;
            (B) the Attorney General 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 the Attorney 
        General's opinion that reasonable efforts at voluntary 
        correction have not succeeded; and
            (C) the Attorney General 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 the Attorney General 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.

    (b) The Attorney General shall personally sign any certification 
made pursuant to this section.

(Pub. L. 96-247, Sec. 4, May 23, 1980, 94 Stat. 350; Pub. L. 97-256, 
title II, Sec. 201(a), Sept. 8, 1982, 96 Stat. 816; Pub. L. 104-134, 
title I, Sec. 101[(a)] [title VIII, Sec. 803(b)], Apr. 26, 1996, 110 
Stat. 1321, 1321-71; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 803(b)(1)(A)], substituted ``the Attorney General'' for ``he'' in 
introductory provisions and in subpar. (C).
    Subsec. (a)(2). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 803(b)(1)(A)], substituted ``the Attorney General'' for ``he'' 
wherever appearing in introductory provisions and in subpars. (A) to 
(C).
    Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 803(b)(1)(B)], 
substituted ``the Attorney General's'' for ``his'' in introductory 
provisions and in subpar. (B).
    Subsec. (a)(3). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 803(b)(1)(A)], substituted ``the Attorney General'' for ``he''.
    Subsec. (b). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 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.''
    1982--Subsec. (a). Pub. L. 97-256 substituted ``section 1997a of 
this title'' for ``section 1997 of this title'' in provisions preceding 
par. (1).
