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104TH CONGRESS

2D SESSION H. R. 3206

To amend title 18, United States Code, with respect to Federal prisoners,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 1996

Mr. CHRISTENSEN (for himself, Mr. HAYES, Mr. NEUMANN, Mrs. MYRICK,

and Mr. FOX of Pennsylvania) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect to

Federal prisoners, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Criminal Correction

5 and Victim Assistance Act of 1996’’.

6 SEC. 2. REPEAL OF SECTIONS PROHIBITING PRISON

7 LABOR.

8 Title 18, United States Code, is amended—

9 (1) by striking sections 436;
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1 (2) in the table of sections at the beginning of

2 chapter 23, by striking the item relating to section

3 436;

4 (3) by striking chapter 85; and

5 (4) in the table of chapters at the beginning of

6 part I of title 18, United States Code, is amended

7 by striking the item relating to chapter 85.

8 SEC. 3. PRISON SECURITY.

9 (a) IN GENERAL.—Chapter 303 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘§ 4048. Strength-training of prisoners prohibited

13 ‘‘The Bureau of Prisons shall ensure that—

14 ‘‘(1) prisoners under its jurisdiction do not en15 gage in any physical activities designed to increase

16 their physical strength or their fighting ability; and

17 ‘‘(2) all equipment designed for increasing the

18 physical strength or fighting ability of prisoners

19 promptly be removed from Federal correctional fa20 cilities and not be introduced into such facilities

21 thereafter except as needed for a medically required

22 program of physical rehabilitation approved by the

23 Director of the Bureau of Prisons.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of chapter 303 of title 18, United States
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1 Code, is amended by adding at the end the following new

2 item:

‘‘4048. Strength-training of prisoners prohibited.’’.

3 SEC. 4. REQUIREMENTS FOR PRISONERS.

4 (a) IN GENERAL.—Chapter 301 of title 18, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 4014. Requirement for prisoners

8 ‘‘(a) The Attorney General shall establish by rule—

9 ‘‘(1) the requirement that Federal prisoners

10 that are able to do so engage in work and that such

11 prisoners work at least 48 hours each week;

12 ‘‘(2) the requirement that Federal prisoners en13 gage in educational study for at least 12 hours each

14 week;

15 ‘‘(3) that no television viewing will be provided

16 to Federal prisoners, except educational programs;

17 and

18 ‘‘(4) that a 25 percent assessment be levied on

19 all wages earned by Federal prisoners, with 5 per20 cent returned to the prosecuting agency to help re21 imburse the cost of the prosecution, 10 percent set

22 aside for victim restitution, and 10 percent placed in

23 the Fund created by subsection (b).

24 ‘‘(b) There is established in the Treasury the James

25 Wilson, Jr. Fund (referred to in this section as the
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1 S6201 ‘Fund’). The Fund shall consist of moneys placed in it

2 under subsection (a). The Attorney General shall distrib3 ute the money in the fund equally between—

4 (1) State and local programs whose primary

5 purpose is to provide training and purchase equip6 ment designed to protect peace officers from per7 sonal injury in the line of duty resulting from the

8 criminal acts of third-parties; and

9 (2) to families of local, State, and Federal

10 peace officers killed in the line of duty;

11 according to such procedures, and in such amounts, as the

12 Attorney General shall by rule establish.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of chapter 301 of title 18, United States

15 Code, is amended by adding at the end the following new

16 item:

‘‘4014. Requirement for prisoners.’’.

17 SEC. 5. STOPPING ABUSIVE PRISONER LAWSUITS.

18 (a) EXHAUSTION REQUIREMENT.—Section 7(a)(1) of

19 the Civil Rights of Institutionalized Persons Act (42

20 U.S.C. 1997e) is amended—

21 (1) by striking ‘‘in any action brought’’ and in22 serting ‘‘no action shall be brought’’;

23 (2) by striking ‘‘the court shall’’ and all that

24 follows through ‘‘require exhaustion of’’ and insert

25 ‘‘until’’; and
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1 (3) by inserting ‘‘are exhausted’’ after ‘‘avail2 able’’.

3 (b) FRIVOLOUS ACTIONS.—Section 7(a) of the Civil

4 Rights of Institutionalized Persons Act (42 U.S.C.

5 1997e(a)) is amended by adding at the end the following:

6 ‘‘(3) The court shall on its own motion or on motion

7 of a party dismiss any action brought pursuant to section

8 1979 of the Revised Statutes of the United States by an

9 adult convicted of a crime and confined in any jail, prison,

10 or other correctional facility if the action fails to state a

11 claim upon which relief can be granted or is frivolous or

12 malicious.’’.

13 (c) MODIFICATION OF REQUIRED MINIMUM STAND14 ARDS.—Section 7(b)(2) of the Civil Rights of Institu15 tionalized Persons Act (42 U.S.C. 1997e(b)(2)) is amend16 ed by striking subparagraph (A) and redesignating sub17 paragraphs (B) through (E) as subparagraphs (A)

18 through (D), respectively.

19 (d) PROCEEDING IN FORMA PAUPERIS.—

20 (1) DISMISSAL.—Section 1915(d) of title 28,

21 United States Code, is amended—

22 (A) by inserting ‘‘at any time’’ after

23 ‘‘counsel and may’’;

24 (B) by striking ‘‘and may’’ and inserting

25 ‘‘and shall’’;
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1 (C) by inserting ‘‘fails to state a claim

2 upon which relief may be granted or’’ after

3 ‘‘that the action’’; and

4 (D) by inserting ‘‘even if partial filing fees

5 have been imposed by the court’’ before the pe6 riod.

7 (2) PRISONER’S STATEMENT OF ASSETS.—Sec8 tion 1915 of title 28, United States Code, is amend9 ed by adding at the end the following:

10 ‘‘(f) If a prisoner in a correctional institution files

11 an affidavit in accordance with subsection (a) of this sec12 tion, such prisoner shall include in that affidavit a state13 ment of all assets such prisoner possesses. The court shall

14 make inquiry of the correctional institution in which the

15 prisoner is incarcerated for information available to that

16 institution relating to the extent of the prisoner’s assets.

17 The court shall require full or partial payment of filing

18 fees according to the prisoner’s ability to pay.’’.

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