Authorizes the Attorney General to institute a civil action for or in the name of the United States in an appropriate district court, to seek the minimum corrective measures necessary, whenever he has reasonable cause to believe that a State or its agents are subjecting persons confined in any facility for the mentally ill, disabled or retarded, correctional facility, facility for specified juveniles, or nursing home, which is owned or operated on behalf of any State or political subdivision, to conditions of willful or gross neglect which deprive such persons of their Federal constitutional or statutory rights. Limits actions to enforce the rights of persons residing in any jail, prison, or other correctional facility, or any pretrial detention facility to deprivations of rights, privileges, or immunities secured or certified by the Attorney General to the court when commencing such an action. Requires the Attorney General to certify that notice was delivered to State officials at least seven days prior to the commencement of any investigation of such institutions.
Permits the Attorney General to intervene in any action commenced in a Federal court in which relief is sought from egregious or flagrant conditions allegedly depriving institutionalized persons in State institutions of their Federal rights. Prohibits such intervention before 180 days of the commencement of the action, unless the court determines the intervention to be in the best interests of all parties to the litigation and authorizes the court to shorten or waive such time period.
Sets forth requirements to be personally certified by the Attorney General to the court when intervening in such an action. Allows reasonable attorney's fees to be awarded to the prevailing party in any action in which the United States intervenes.
Prohibits any retaliation against individuals reporting conditions which may constitute a violation.
Authorizes courts to continue cases filed by adults in correctional or pretrial detention facilities in order to require exhaustion of available administrative remedies. Requires the Attorney General to promulgate minimum standards for the development of a system for the resolution of grievances of such adults. Sets forth requirements for such minimum standards.
Requires the Attorney General to report to Congress concerning: (1) actions instituted or in which the Attorney General has intervened pursuant to this Act; (2) procedures for evaluating complaints regarding conditions in institutions; (3) assistance to States to correct conditions; and (4) progress made in meeting promulgated standards. Requires the Comptroller General to evaluate Federal assistance programs available to the States to assist the correction of conditions.
Directs the Comptroller General to evaluate the adequacy of assistance programs available to States.
Expresses the intention of Congress that the deplorable conditions in institutions be corrected by State and local good efforts, as well as by litigation.
Requires the Attorney General when contemplating action against an institution to notify Federal departments or agencies with an interest in such institution.
States that this Act does not authorize the promulgation of regulations defining standards of care.
Prohibits the Attorney General from intervening in any action against an institution receiving Federal assistance under specified Acts without certified approval from the Secretary of Health and Human Services (formerly the Secretary of Health, Education, and Welfare).
Introduced in Senate
Referred to Senate Committee on the Judiciary.
Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-416.
Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-416.
Measure called up by unanimous consent in Senate.
Measure considered in Senate.
Measure considered in Senate.
Measure considered in Senate.
Motion to recommit to the Committee on the Judiciary rejected in Senate, roll call #50 (35-55).
Roll Call #50 (Senate)Measure indefinitely postponed in Senate, H. R. 10 passed in lieu.
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