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U.S. Code as of:
01/19/04
Section 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
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(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.
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