Page:United States Statutes at Large Volume 94 Part 1.djvu/403

 PUBLIC LAW 96-247—MAY 23, 1980 tion in the Federal Register in accordance with section 553 of title 5, United States Code. Such standards shall take effect thirty legislative days after publication unless, within such period, either House of Congress adopts a resolution of disapproval of such standards. (2) The minimum standards shall provide— (A) for an advisory role for employees and inmates of any jail, prison, or other correctional institution (at the most decentralized level as is reasonably possible), in the formulation, implementation, and operation of the system; (B) specific maximum time limits for written replies to grievances with reasons thereto at each decision level within the system; (C) for priority processing of grievances which are of an emergency nature, including matters in which delay would subject the grievant to substantial risk of personal injury or other damages; (D) for safeguards to avoid reprisals against any grievant or participant in the resolution of a grievance; and (E) for independent review of the disposition of grievances, including alleged reprisals, by a person or other entity not under the direct supervision or direct control of the institution. (c)(1) The Attorney General shall develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any jail, prison, or other correctional facility, or pretrial detention facility, to determine if such systems, as voluntarily submitted by the various States and political subdivisions, are in substantial compliance with the minimum standards promulgated under subsection (b). (2) The Attorney General may suspend or withdraw the certification under paragraph (1) at any time that he has reasonable cause to believe that the grievance procedure is no longer in substantial compliance with the minimum standards promulgated under subsection (b). (d) The failure of a State to adopt or adhere to an administrative grievance procedure consistent with this section shall not constitute the basis for an action under section 3 or 5 of this Act. SEC. 8. REPORT TO CONGRESS.

The Attorney shall include in his report to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, United States Code— (1) a statement of the number, variety, and outcome of all actions instituted pursuant to this Act including the history of, precise reasons for, and procedures followed in initiation or intervention in each case in which action was commenced; (2) a detailed explanation of the procedures by which the Department has received, reviewed and ev£duated petitions or complaints regarding conditions in institutions; (3) an analysis of the impact of actions instituted pursuant to this Act, including, when feasible, an estimate of the costs incurred by States and other political subdivisions; (4) a statement of the financial, technical, or other assistance which has been made available from the United States to the State in order to assist in the correction of the conditions which are alleg:ed to have deprived a person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States; and

94 STAT. 353 Effective date.

Minimum standards provisions.

Prompt review and certification of systems procedure.

Suspension or withdrawal of certification.

42 USC 1997f.

u s e prec. title 1.

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