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Civil Rights of Institutionalized Persons Act

Public Law 96-247 · H.R. 10 · 96th Congress · began in the House

Signed by Jimmy Carter (D) on May 23, 1980 · Civil Rights and Liberties, Minority Issues

Sponsor: Rep. Robert Kastenmeier (D-WI-2)

Cosponsors (19): Rep. Peter Rodino,

Passage votesYeaNay

  • HouseMethod not stated
  • SenateRecorded vote: 56 yea, 37 nay56–37
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Civil Rights of Institutionalized Persons Act - Authorizes the Attorney General to initiate a civil action in an appropriate district court against a State or local government or its employees or agents, and to intervene in an existing Federal action, with respect to institutionalized persons whose rights are being denied.

Makes this Act applicable with respect to any institution which is: (1) owned, operated, or managed by, or provides services for, a State or local government; and (2) (A) for the mentally impaired, chronically ill, or handicapped, (B) a correctional facility, (C) a pretrial detention facility, (D) for juveniles awaiting trial or residing for any State purpose (except elementary and secondary education), or (E) providing skilled nursing, intermediate or long-term care, or custodial or residential care.

Excludes privately owned facilities if the sole nexus between such facility and the State consists of: (1) State licensing; and/or (2) the receipt of Medicare, Medicaid, or Supplemental Security Income payments.

Requires for the initiation of an action that the Attorney General have reasonable cause to believe that: (1) an institutionalized person is being subjected to egregious or flagrant conditions which deprive him or her of Federal constitutional or statutory rights causing such person grievous harm; and (2) such deprivation is pursuant to a pattern or practice of resistance to such rights.

Permits in any such action an award of appropriate equitable action to insure the minimum corrective measures necessary to insure the full enjoyment of constitutional and statutory rights, but limits relief, with respect to persons institutionalized in correctional facilities, to constitutional deprivations.

Requires the Attorney General to personally sign a complaint initiating an action.

Requires the Attorney General to certify to the court when such an action is commenced that: (1) the Governor, State attorney general, and director of the institution were notified at least 49 days in advance of the alleged conditions, supporting facts, and minimum corrective measure; (2) such persons were notified at least seven days before the investigation was commenced and that certain informal methods of persuasion have not succeeded; and (3) such an action is of general public importance and will materially further the vindication of constitutional or statutory rights.

Directs the Attorney General to personally sign any such certification.

Requires for intervention in a Federal action alleging deprivation of constitutional or statutory rights due to egregious or flagrant conditions causing grievous harm, that the Attorney General has reasonable cause to believe such deprivation is pursuant to a pattern or practice of resistance to such rights.

Imposes certification requirements for intervention which are similar to those required for initiation of an action.

Prohibits retaliation against any person reporting conditions which may constitute a violation of this Act.

Authorizes a court when appropriate and in the interest of justice to continue an action brought by an adult confined in a correctional facility in order to require exhaustion of administrative remedies.

Directs the Attorney General to promulgate within 180 days of enactment minimum standards for the development of a grievance resolution system for such adults, such standards to become effective 30 legislative days after publication subject to congressional disapproval. Specifies requirements for such standards. Provides for the certification of such systems. to become effective 30 legislative days after publication subject to congressional disapproval. Specifies requirements for such standards. Provides for the certification of such systems.

Requires the Attorney General to include in the Department of Justice report information on actions filed under this Act and their impact, assistance to institutions, and progress made in Federal institutions toward meeting promulgated standards.

Expresses the intent of Congress that: (1) deplorable conditions in institutions be corrected by good faith efforts of Federal, State, and local agencies, as well as by litigation; and (2) priority in Federal funding be given to the correction of unconstitutional or illegal conditions which may exist.

Directs the Attorney General to notify the Secretary of Health and Human Services or the Secretary of Education of an investigation or motion to intervene and to consult with such officials, if the institution receives funds from such departments.

States that this Act does not authorize the promulgation of regulations defining standards of care.

Provides that this Act does not expand or restrict the authority of other parties to enforce their legal rights with regard to institutionalized persons.

Who voted for it

Every senator of the 96th Congress on the ideology compass. Highlighted: the 57 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

57 yea37 nay6 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(40)

  • Sen. William ProxmireD-WI
  • Sen. Gaylord NelsonD-WI
  • Sen. George McGovernD-SD
  • Sen. Howard MetzenbaumD-OH
  • Sen. Paul TsongasD-MA
  • Sen. Harrison WilliamsD-NJ
  • Sen. Joseph BidenD-DE
  • Sen. John CulverD-IA
  • Sen. Robert ByrdD-WV
  • Sen. Alan CranstonD-CA
  • Sen. Paul SarbanesD-MD
  • Sen. Spark MatsunagaD-HI
  • Sen. Bill BradleyD-NJ
  • Sen. Donald RiegleD-MI
  • Sen. Quentin BurdickD-ND
  • Sen. Scoop JacksonD-WA
  • Sen. Abraham RibicoffD-CT
  • Sen. Birch BayhD-IN
  • Sen. Dee HuddlestonD-KY
  • Sen. Jennings RandolphD-WV
  • Sen. Carl LevinD-MI
  • Sen. Warren MagnusonD-WA
  • Sen. Daniel InouyeD-HI
  • Sen. Claiborne PellD-RI
  • Sen. Max BaucusD-MT
  • Sen. Daniel MoynihanD-NY
  • Sen. John DurkinD-NH
  • Sen. Donald StewartD-AL
  • Sen. Lawton ChilesD-FL
  • Sen. Patrick LeahyD-VT
  • Sen. Frank ChurchD-ID
  • Sen. James SasserD-TN
  • Sen. John GlennD-OH
  • Sen. Wendell FordD-KY
  • Sen. John MelcherD-MT
  • Sen. Dennis DeConciniD-AZ
  • Sen. David PryorD-AR
  • Sen. Lloyd BentsenD-TX
  • Sen. Howell HeflinD-AL
  • Sen. Dick StoneD-FL

Republicans who voted yea(17)

  • Sen. Jacob JavitsR-NY
  • Sen. Charles MathiasR-MD
  • Sen. Lowell WeickerR-CT
  • Sen. Robert StaffordR-VT
  • Sen. John ChafeeR-RI
  • Sen. Robert PackwoodR-OR
  • Sen. Charles PercyR-IL
  • Sen. Mark HatfieldR-OR
  • Sen. Henry HeinzR-PA
  • Sen. David DurenbergerR-MN
  • Sen. Richard SchweikerR-PA
  • Sen. Robert DoleR-KS
  • Sen. Nancy KassebaumR-KS
  • Sen. Rudy BoschwitzR-MN
  • Sen. Alan SimpsonR-WY
  • Sen. Richard LugarR-IN
  • Sen. Orrin HatchR-UT
Data notes

The Senate’s recorded vote on the final version of the law (roll call 601 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 34 actions.

  1. May 23, 1980Became lawBecame law · Signed by President.
  2. PresidentPresident · Public Law 96-247.
  3. May 13, 1980PresidentPresident · Measure presented to President.
  4. PresidentPresident · Measure enrolled in Senate.
  5. PresidentPresident · Measure enrolled in House.
  6. May 12, 1980Resolving differencesResolving differences · House agreed to conference report.
  7. Resolving differencesResolving differences · Conference report agreed to in House: House agreed to conference report.
  8. May 6, 1980Resolving differencesResolving differences · Senate agreed to conference report, roll call #93 (56-37).Senate roll call 93
  9. Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report, roll call #93 (56-37).Senate roll call 93
  10. May 1, 1980Resolving differencesResolving differences · Cloture motion on conference report passed Senate, roll call #90 (60-34).Senate roll call 90
  11. Resolving differencesResolving differences · Conference report considered in Senate.
  12. Apr 30, 1980Resolving differencesResolving differences · Cloture motion on conference report failed of passage in Senate, roll call #87 (53-35) (Third Motion).Senate roll call 87
  13. Resolving differencesResolving differences · Conference report considered in Senate.
  14. Apr 29, 1980Resolving differencesResolving differences · Cloture motion filed in Senate on conference report (Fourth Motion).
  15. Resolving differencesResolving differences · Cloture motion on conference report failed of passage in Senate, roll call #86 (56-34) (Second Motion).Senate roll call 86
  16. Resolving differencesResolving differences · Conference report considered in Senate.
  17. Apr 28, 1980Resolving differencesResolving differences · Cloture motion filed in Senate on conference report (Third Motion).
  18. Resolving differencesResolving differences · Cloture motion on conference report failed of passage in Senate, roll call #85 (44-39).Senate roll call 85
  19. Resolving differencesResolving differences · Conference report considered in Senate.
  20. Apr 25, 1980Resolving differencesResolving differences · Cloture motion filed in Senate on conference report (Second Motion).
  21. Resolving differencesResolving differences · Conference report considered in Senate.
  22. Apr 24, 1980Resolving differencesResolving differences · Cloture motion filed in Senate on conference report.
  23. Resolving differencesResolving differences · Conference report considered in Senate.
  24. Apr 23, 1980Resolving differencesResolving differences · Conference report considered in Senate.
  25. Apr 22, 1980Resolving differencesResolving differences · Conference report filed in House, H. Rept. 96-897.
  26. Resolving differencesResolving differences · Conference report filed: Conference report filed in House, H. Rept. 96-897.
  27. Mar 21, 1980Resolving differencesResolving differences · Conference scheduled in Senate.
  28. Mar 19, 1980Resolving differencesResolving differences · Conference scheduled in House.
  29. Feb 28, 1980FloorFloor · Measure passed Senate, amended, roll call #51 (55-36), in lieu of S. 10.Senate roll call 51
  30. FloorFloor · Measure called up by unanimous consent in Senate.
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.