
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: 42USC1997c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER I-A--INSTITUTIONALIZED PERSONS
 
Sec. 1997c. Intervention in actions


(a) Discretionary authority of Attorney General; preconditions; time 
        period

    (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) Certification requirements by Attorney General

    (1) The Attorney General shall certify to the court in the motion to 
intervene filed under subsection (a) of this section--
        (A) that the Attorney General 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 the 
        Attorney General believes may remedy the alleged conditions and 
        the alleged pattern or practice of resistance; and

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

(c) Attorney General to personally sign motion to intervene

    The Attorney General shall personally sign any motion to intervene 
made pursuant to this section.

(d) Discretionary award of attorney fees; other award provisions 
        unaffected

    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.

(Pub. L. 96-247, Sec. 5, May 23, 1980, 94 Stat. 351; Pub. L. 104-134, 
title I, Sec. 101[(a)] [title VIII, Sec. 803(c)], 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. (b)(1)(A). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 803(c)(1)(A)], substituted ``the Attorney General'' for ``he'' in 
introductory provisions and in cl. (iii).
    Subsec. (b)(1)(B). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 803(c)(1)(A)], substituted ``the Attorney General'' for ``he''.
    Subsec. (b)(2). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 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.''
    Subsec. (c). Pub. L. 104-134, Sec. 101[(a)] [title VIII, 
Sec. 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1997e, 1997h of this title.
