Page:United States Statutes at Large Volume 94 Part 1.djvu/404

 94 STAT. 354

PUBLIC LAW 96-247—MAY 23, 1980 (5) the progress made in each Federal institution toward meeting existing promulgated standards for such institutions or constitutionally guaranteed minima.

42 USC 1997g.

SEC. 9. PRIORITIES FOR USE OF FUNDS.

(a) It is the intent of Congress that deplorable conditions in institutions covered by this Act amounting to deprivations of rights use prec. title 1. protected by the Constitution or laws of the United States be corrected, not only by litigation as contemplated in this Act, but also by the voluntary good faith efforts of agencies of Federal, State, and local governments. It is the further intention of Congress that where Federal funds are available for use in improving such institutions, priority should be given to the correction or elimination of such unconstitutional or illegal conditions which may exist. It is not the intent of this provision to require the redirection of funds from one program to another or from one State to another. 42 USC 1997h.

SEC. 10. NOTICE TO FEDERAL DEPARTMENTS.

At the time of notification of the commencement of an investigation of an institution under section 3 or of the notification of an intention to file a motion to intervene under section 5 of this Act, and if the relevant institution receives Federal financial assistance from the Department of Health and Human Services or the Department of Education, the Attorney General shall notify the appropriate Secretary of his action and the reasons for such action and shall consult with such officials. Following such consultation, the Attorney General may proceed with an action under this Act if he is satisfied that such action is consistent with the policies and goals of the executive branch. 42 USC 19971.

SEC. 11. DISCLAIMER—STANDARDS OF CARE.

Provisions of this Act shall not authorize promulgation of regulations defining standards of care. 42 USC 1997J.

SEC. 12. DISCLAIMER—PRIVATE LITIGATION.

The provisions of this Act shall in no way expand or restrict the authority of parties other than the United States to enforce the legal rights which they may have pursuant to existing law with regard to institutionalized persons. In this regard, the fact that the Attorney General may be conducting an investigation or contemplating litigation pursuant to this Act shall not be grounds for delay of or prejudice to any litigation on behalf of parties other than the United States. Approved May 23, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-80 (Comm. on the Judiciary) and No. 96-897 (Comm. of Conference). SENATE REPORT No. 96-416 accompanying S. 10 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 125 (1979): May 16, 23, considered and passed House. May 24, considered in Senate. Vol. 126 (1980): Feb. 26, 27, S. 10 considered in Senate. Feb. 28, H.R. 10 considered and passed Senate, amended, in lieu of S. 10. Apr. 23-25, 28-30, May 1, 6, Senate considered and agreed to conference report. May 12, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 16, No. 21 (1980): May 23, Presidential statement.

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