II

105TH CONGRESS

2D SESSION S. 2163

To modify the procedures of the Federal courts in certain matters, to reform

prisoner litigation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 11, 1998

Mr. HATCH (for himself, Mr. ASHCROFT, Mr. ABRAHAM, Mr. THURMOND, Mr.

SESSIONS, and Mr. KYL) introduced the following bill; which was read

twice and referred to the Committee on the Judiciary

A BILL

To modify the procedures of the Federal courts in certain

matters, to reform prisoner litigation, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Judicial Improvement Act of 1998’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Procedures for certain injunctions.

Sec. 3. Limitations on remedial authority.

Sec. 4. Interlocutory appeals of court orders relating to class actions.

Sec. 5. Multiparty, multiforum jurisdiction of district courts.

Sec. 6. Appeals of Merit Systems Protection Board.
2

•S 2163 IS

Sec. 7. Extension of Judiciary Information Technology Fund.

Sec. 8. Authorization for voluntary services.

Sec. 9. Offsetting receipts.

Sec. 10. Sunset of civil justice expense and delay reduction plans.

Sec. 11. Creation of certifying officers in the judicial branch.

Sec. 12. Limitation on collateral relief.

Sec. 13. Laurie Show victim protection.

Sec. 14. Rule of construction relating to retroactive application of statutes.

Sec. 15. Appropriate remedies for prison conditions.

Sec. 16. Limitation on fees.

Sec. 17. Notice of malicious filings.

Sec. 18. Limitation on prisoner release orders.

Sec. 19. Repeal of section 140.

Sec. 20. Severability.

1 SEC. 2. PROCEDURES FOR CERTAIN INJUNCTIONS.

2 (a) REQUIREMENT OF 3-JUDGE COURT.—

3 (1) IN GENERAL.—No interlocutory or perma4 nent injunction restraining the enforcement, oper5 ation, or execution of a State law adopted by ref6 erendum or an Act of Congress shall be granted by

7 a United States district court or judge thereof upon

8 the ground that the State law conflicts with the

9 United States Constitution, Federal law, or a treaty

10 of the United States unless the application for the

11 injunction is heard and determined by a court of 3

12 judges in accordance with section 2284 of title 28,

13 United States Code.

14 (2) APPEALS.—Any appeal of a determination

15 on such application shall be to the Circuit Court of

16 Appeals.

17 (3) DESIGNATION OF JUDGES.—In any case to

18 which this section applies, the additional judges who

19 will serve on the 3-judge court shall be designated
3

•S 2163 IS

1 under section 2284(b)(1) of title 28, United States

2 Code, as soon as practicable, and the court shall ex3 pedite the consideration of the application for an in4 junction.

5 (4) DENIAL OF REQUEST.—Nothing in this

6 subsection shall prevent a district court judge from

7 denying a request for interlocutory or permanent in8 junctive relief.

9 (b) TIME LIMITS ON INJUNCTIVE RELIEF.—

10 (1) TEMPORARY RESTRAINING ORDER.—Section

11 2284(b)(3) of title 28, United States Code, is

12 amended in the second sentence by inserting before

13 the period, the following: ‘‘, but in no event shall the

14 order remain in force for longer than 10 days’’.

15 (2) INTERLOCUTORY INJUNCTION.—Any inter16 locutory injunction restraining the enforcement or

17 operation of a State law adopted by referendum or

18 an Act of Congress shall remain in force for not

19 longer than 60 days. The Federal courts shall lack

20 the authority to grant any additional interlocutory

21 relief after the expiration of an interlocutory injunc22 tion. Nothing in this paragraph shall limit the

23 court’s authority to issue a permanent injunction

24 after an interlocutory injunction has expired. If the
4

•S 2163 IS

1 order granting the interlocutory injunction is ap2 pealed, the time limits of paragraph (4) apply.

3 (3) FILING OF APPEAL.—A notice of appeal

4 from an order granting an interlocutory injunction

5 restraining the enforcement or operation, of a State

6 law adopted by referendum or an Act of Congress

7 shall be filed not later than 14 days after the date

8 of the order. The Courts of Appeals lack jurisdiction

9 over an untimely appeal of such an order.

10 (4) CONSIDERATION OF APPEAL.—If an appeal

11 is filed from an order granting an interlocutory in12 junction restraining the enforcement or operation of

13 a State law adopted by referendum or an Act of

14 Congress, the Court of Appeals shall reconsider the

15 merits of granting interlocutory relief applying a de

16 novo standard of review. The Court of Appeals shall

17 dispose of the appeal as expeditiously as possible,

18 but in any event within 100 days after the issuance

19 of the original order granting interlocutory relief. If

20 the interlocutory order is upheld on appeal, the in21 terlocutory order shall remain in force no longer

22 than 60 days after the date of the appellate decision

23 or until replaced by a permanent injunction.

24 (c) DEFINITIONS.—In this section—
5

•S 2163 IS

1 (1) the term ‘‘State’’ means each of the several

2 States and the District of Columbia;

3 (2) the term ‘‘State law’’ means the constitu4 tion of a State, or any statute, ordinance, rule, regu5 lation, or other measure of a State that has the

6 force of law, and any amendment thereto; and

7 (3) the term ‘‘referendum’’ means the submis8 sion to popular vote of a measure passed upon or

9 proposed by a legislative body or by popular initia10 tive.

11 (d) EFFECTIVE DATE.—This section applies to any

12 injunction that is issued on or after the date of the enact13 ment of this Act.

14 SEC. 3. LIMITATIONS ON REMEDIAL AUTHORITY.

15 (a) TERMINATION OF PROSPECTIVE RELIEF.—

16 (1) IN GENERAL.—In any civil action in which

17 prospective relief is issued which binds State or local

18 officials or in any civil action in which the parties

19 entered a consent judgment binding State or local

20 officials, such relief shall be terminable upon the mo21 tion of any party or intervener—

22 (A) 5 years after the date the court grant23 ed or approved the prospective relief;
6

•S 2163 IS

1 (B) 2 years after the date the court has

2 entered an order denying termination of pro3 spective relief under this paragraph; or

4 (C) in the case of an order issued on or be5 fore the date of enactment of this Act, 2 years

6 after the date of enactment.

7 (2) LIMITATION.—Prospective relief shall not

8 terminate if the court makes written findings based

9 on the record that prospective relief—

10 (A) remains necessary to correct current

11 and ongoing violation of a Federal right;

12 (B) extends no further than necessary to

13 correct the violation of a Federal right; and

14 (C) is the least intrusive means available

15 to correct the violation of a Federal right.

16 (3) TERMINATION AND MODIFICATION AUTHOR17 ITY OTHERWISE UNAFFECTED.—Nothing in this sec18 tion shall prevent any party or intervener from seek19 ing modification or termination before relief is avail20 able under paragraph (1), to the extent that modi21 fication or termination would otherwise be legally

22 permissible, and nothing in this section shall prevent

23 the parties from agreeing to terminate or modify an

24 injunction before such relief is available under para25 graph (1).
7

•S 2163 IS

1 (4) CONFORMITY WITH OTHER LAWS.—Nothing

2 in this section shall affect the rules governing pro3 spective relief in any civil action with respect to pris4 on conditions.

5 (5) PROCEDURE FOR MOTION TO TERMI6 NATE.—

7 (A) IN GENERAL.—The court shall rule

8 promptly on any motion to modify or terminate

9 relief.

10 (B) AUTOMATIC TERMINATION.—In the

11 event a court does not rule on a motion to ter12 minate filed under paragraph (1) within 60

13 days, the order or consent judgment binding

14 State or local officials will automatically termi15 nate and be of no further legal force.

16 (b) SPECIAL MASTERS.—

17 (1) IN GENERAL.—

18 (A) APPOINTMENT.—In any civil action in

19 a Federal court, the Federal court may appoint

20 a special master who shall be disinterested and

21 objective.

22 (B) REMEDIAL PHASE.—The court shall

23 appoint a special master under this subsection

24 only during the remedial phase of the action

25 and only upon a finding that the remedial
8

•S 2163 IS

1 phase will be sufficiently complex to warrant

2 the appointment.

3 (2) APPOINTMENT.—

4 (A) SUBMISSION OF LIST.—If the court de5 termines that appointment of a special master

6 is necessary, the court shall request that the de7 fendant (or group of defendants) and the plain8 tiff (or group of plaintiffs) each submit a list of

9 not more than 5 persons to serve as a special

10 master.

11 (B) REMOVAL.—Each party shall have the

12 opportunity to remove up to 3 persons from the

13 opposing party’s list.

14 (C) SELECTION.—The court shall select

15 the special master from the remaining names

16 on the lists after the operation of subparagraph

17 (B).

18 (3) COMPENSATION.—The compensation to be

19 paid to a special master shall be based on an hourly

20 rate not greater than the hourly rate established

21 under section 3006A of title 18, United States Code,

22 for payment of court-appointed counsel, and costs

23 reasonably incurred by the special master. Such

24 compensation and costs shall be paid with funds ap25 propriated to the Judiciary.
9

•S 2163 IS

1 (4) REGULAR REVIEW OF APPOINTMENT.—The

2 court shall review the appointment of the special

3 master every 6 months to determine whether the

4 services of the special master continued to be justi5 fied under the standards of paragraph (1).

6 (5) LIMITATIONS ON POWERS AND DUTIES.—A

7 special master appointed under this subsection—

8 (A) shall not make any finding or commu9 nication ex parte; and

10 (B) may be removed by the judge at any

11 time, but shall be relieved of the appointment

12 upon termination of relief.

13 (c) JUDICIAL TAXATION PROHIBITED.—

14 (1) IN GENERAL.—No Federal court shall have

15 the authority to order a unit of Federal, State, or

16 local government to increase taxes as part of a judi17 cial remedy.

18 (2) REMEDIAL AUTHORITY OTHERWISE UNAF19 FECTED.—Nothing in paragraph (1) shall be con20 strued to limit the authority of a Federal court to

21 order a remedy that may lead a unit of local or

22 State government to decide to increase taxes.

23 (d) STATE COURT REMEDIES UNAFFECTED.—Noth24 ing in this section shall limit the remedial authority of
10

•S 2163 IS

1 State courts in any case, including cases raising issues of

2 Federal law.

3 SEC. 4. INTERLOCUTORY APPEALS OF COURT ORDERS RE4 LATING TO CLASS ACTIONS.

5 (a) INTERLOCUTORY APPEALS.—Section 1292(b) of

6 title 28, United States Code, is amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

8 (2) by adding at the end the following:

9 ‘‘(2) The court of appeals which would have jurisdic10 tion over a final order in an action may, in its discretion,

11 permit an appeal from an order of a district court granting

12 or denying class action certification made to it within 10

13 days after the entry of the order. An appeal under this

14 paragraph shall not stay proceedings in the district court

15 unless the district judge or the court of appeals or a judge

16 thereof shall so order.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) applies to any action commenced on or after

19 the date of enactment of this Act.

20 SEC. 5. MULTIPARTY, MULTIFORUM JURISDICTION OF DIS21 TRICT COURTS.

22 (a) BASIS OF JURISDICTION.—

23 (1) IN GENERAL.—Chapter 85 of title 28,

24 United States Code, is amended by adding at the

25 end the following:
11

•S 2163 IS

1 ‘‘§ 1369. Multiparty, multiforum jurisdiction

2 ‘‘(a) The district courts shall have original jurisdic3 tion of any civil action involving minimal diversity between

4 adverse parties that arises from a single accident, where

5 at least 25 natural persons have either died or incurred

6 injury in the accident at a discrete location and, in the

7 case of injury, the injury has resulted in damages which

8 exceed $50,000 per person, exclusive of interest and costs,

9 if—

10 ‘‘(1) a defendant resides in a State and a sub11 stantial part of the accident took place in another

12 State or other location, regardless of whether that

13 defendant is also a resident of the State where a

14 substantial part of the accident took place;

15 ‘‘(2) any 2 defendants reside in different

16 States, regardless of whether such defendants are

17 also residents of the same State or States; or

18 ‘‘(3) substantial parts of the accident took place

19 in different States.

20 ‘‘(b) For purposes of this section—

21 ‘‘(1) minimal diversity exists between adverse

22 parties if any party is a citizen of a State and any

23 adverse party is a citizen of another State, a citizen

24 or subject of a foreign state, or a foreign state as

25 defined in section 1603(a);
12

•S 2163 IS

1 ‘‘(2) a corporation is deemed to be a citizen of

2 any State, and a citizen or subject of any foreign

3 state, in which it is incorporated or has its principal

4 place of business, and is deemed to be a resident of

5 any State in which it is incorporated or licensed to

6 do business or is doing business;

7 ‘‘(3) the term ‘injury’ means—

8 ‘‘(A) physical harm to a natural person;

9 and

10 ‘‘(B) physical damage to or destruction of

11 tangible property, but only if physical harm de12 scribed in subparagraph (A) exists;

13 ‘‘(4) the term ‘accident’ means a sudden acci14 dent, or a natural event culminating in an accident,

15 that results in death or injury incurred at a discrete

16 location by at least 25 natural persons; and

17 ‘‘(5) the term ‘State’ includes the District of

18 Columbia, the Commonwealth of Puerto Rico, and

19 any territory or possession of the United States.

20 ‘‘(c) In any action in a district court which is or could

21 have been brought, in whole or in part, under this section,

22 any person with a claim arising from the accident de23 scribed in subsection (a) shall be permitted to intervene

24 as a party plaintiff in the action, even if that person could
13

•S 2163 IS

1 not have brought an action in a district court as an origi2 nal matter.

3 ‘‘(d) A district court in which an action under this

4 section is pending shall promptly notify the judicial panel

5 on multidistrict litigation of the pendency of the action.’’.

6 (2) CONFORMING AMENDMENT.—The table of

7 sections at the beginning of chapter 85 of title 28,

8 United States Code, is amended by adding at the

9 end the following:

‘‘1369. Multiparty, multiforum jurisdiction.’’.

10 (b) VENUE.—Section 1391 of title 28, United States

11 Code, is amended by adding at the end the following:

12 ‘‘(g) A civil action in which jurisdiction of the district

13 court is based upon section 1369 may be brought in any

14 district in which any defendant resides or in which a sub15 stantial part of the accident giving rise to the action took

16 place.’’.

17 (c) MULTIDISTRICT LITIGATION.—Section 1407 of

18 title 28, United States Code, is amended by adding at the

19 end the following:

20 ‘‘(i)(1) In actions transferred under this section when

21 jurisdiction is or could have been based, in whole or in

22 part, on section 1369, the transferee district court may

23 retain actions so transferred for the determination of li24 ability and punitive damages notwithstanding any other

25 provision of this section. An action retained for the deter-
14

•S 2163 IS

1 mination of liability shall be remanded to the district court

2 from which the action was transferred, or to the State

3 court from which the action was removed, for the deter4 mination of damages, other than punitive damages, unless

5 the court finds, for the convenience of parties and wit6 nesses and in the interest of justice, that the action should

7 be retained for the determination of damages.

8 ‘‘(2) Any remand under paragraph (1) shall not be

9 effective until 60 days after the transferee court has

10 issued an order determining liability and has certified its

11 intention to remand some or all of the transferred actions

12 for the determination of damages. An appeal with respect

13 to the liability determination and the choice of law deter14 mination of the transferee court may be taken during that

15 60-day period to the court of appeals with appellate juris16 diction over the transferee court. In the event a party files

17 such an appeal, the remand shall not be effective until the

18 appeal has been finally disposed of. Once the remand has

19 become effective, the liability determination and the choice

20 of law determination shall not be subject to further review

21 by appeal or otherwise.

22 ‘‘(3) An appeal with respect to determination of puni23 tive damages by the transferee court may be taken, during

24 the 60-day period beginning on the date the order making
15

•S 2163 IS

1 the determination is issued, to the court of appeals with

2 jurisdiction over the transferee court.

3 ‘‘(4) Any decision under this subsection concerning

4 remand for the determination of damages shall not be re5 viewable by appeal or otherwise.

6 ‘‘(5) Nothing in this subsection shall restrict the au7 thority of the transferee court to transfer or dismiss an

8 action on the ground of inconvenient forum.’’.

9 (d) REMOVAL OF ACTIONS.—Section 1441 of title 28,

10 United States Code, is amended—

11 (1) in subsection (e) by striking ‘‘(e) The court

12 to which such civil action is removed’’ and inserting

13 ‘‘(f) The court to which a civil action is removed

14 under this section’’; and

15 (2) by inserting after subsection (d) the follow16 ing:

17 ‘‘(e)(1)(A) Notwithstanding the provisions of sub18 section (b), a defendant in a civil action in a State court

19 may remove the action to the district court of the United

20 States for the district and division embracing the place

21 where the action is pending if—

22 ‘‘(i) the action could have been brought in a

23 United States district court under section 1369; or

24 ‘‘(ii) the defendant is a party to an action

25 which is or could have been brought, in whole or in
16

•S 2163 IS

1 part, under section 1369 in a United States district

2 court and arises from the same accident as the ac3 tion in State court, even if the action to be removed

4 could not have been brought in a district court as

5 an original matter.

6 ‘‘(B) The removal of an action under this subsection

7 shall be made in accordance with section 1446, except that

8 a notice of removal may also be filed before trial of the

9 action in State court within 30 days after the date on

10 which the defendant first becomes a party to an action

11 under section 1369 in a United States district court that

12 arises from the same accident as the action in State court,

13 or at a later time with leave of the district court.

14 ‘‘(2) Whenever an action is removed under this sub15 section and the district court to which it is removed or

16 transferred under section 1407(i) has made a liability de17 termination requiring further proceedings as to damages,

18 the district court shall remand the action to the State

19 court from which it had been removed for the determina20 tion of damages, unless the court finds that, for the con21 venience of parties and witnesses and in the interest of

22 justice, the action should be retained for the determination

23 of damages.

24 ‘‘(3) Any remand under paragraph (2) shall not be

25 effective until 60 days after the district court has issued
17

•S 2163 IS

1 an order determining liability and has certified its inten2 tion to remand the removed action for the determination

3 of damages. An appeal with respect to the liability deter4 mination and the choice of law determination of the dis5 trict court may be taken during that 60-day period to the

6 court of appeals with appellate jurisdiction over the dis7 trict court. In the event a party files such an appeal, the

8 remand shall not be effective until the final disposition of

9 the appeal. Once the remand has become effective, the li10 ability determination and the choice of law determination

11 shall not be subject to further review by appeal or other12 wise.

13 ‘‘(4) Any decision under this subsection concerning

14 remand for the determination of damages shall not be re15 viewable by appeal or otherwise.

16 ‘‘(5) An action removed under this subsection shall

17 be deemed to be an action under section 1369 and an ac18 tion in which jurisdiction is based on section 1368 of this

19 title for purposes of this section and sections 1407, 1660,

20 1697, and 1785.

21 ‘‘(6) Nothing in this subsection shall restrict the au22 thority of the district court to transfer or dismiss an ac23 tion on the ground of inconvenient forum.’’.

24 (e) CHOICE OF LAW.—
18

•S 2163 IS

1 (1) DETERMINATION BY THE COURT.—Chapter

2 111 of title 28, United States Code, is amended by

3 adding at the end the following:

4 ‘‘§ 1660. Choice of law in multiparty, multiforum ac5 tions

6 ‘‘(a)(1) In an action which is or could have been

7 brought, in whole or in part, under section 1369, the dis8 trict court in which the action is brought or to which it

9 is removed shall determine the source of the applicable

10 substantive law, except that if an action is transferred to

11 another district court, the transferee court shall determine

12 the source of the applicable substantive law. In making

13 this determination, a district court shall not be bound by

14 the choice of law rules of any State, and the factors that

15 the court may consider in choosing the applicable law in16 clude—

17 ‘‘(A) the place of the injury;

18 ‘‘(B) the place of the conduct causing the in19 jury;

20 ‘‘(C) the principal places of business or

21 domiciles of the parties;

22 ‘‘(D) the danger of creating unnecessary incen23 tives for forum shopping; and

24 ‘‘(E) whether the choice of law would be reason25 ably foreseeable to the parties.
19

•S 2163 IS

1 ‘‘(2) The factors set forth in paragraph (1) (A)

2 through (E) shall be evaluated according to their relative

3 importance with respect to the particular action. If good

4 cause is shown in exceptional cases, including constitu5 tional reasons, the court may allow the law of more than

6 1 State to be applied with respect to a party, claim, or

7 other element of an action.

8 ‘‘(b) The district court making the determination

9 under subsection (a) shall enter an order designating the

10 single jurisdiction whose substantive law is to be applied

11 in all other actions under section 1369 arising from the

12 same accident as that giving rise to the action in which

13 the determination is made. The substantive law of the des14 ignated jurisdiction shall be applied to the parties and

15 claims in all such actions before the court, and to all other

16 elements of each action, except where Federal law applies

17 or the order specifically provides for the application of the

18 law of another jurisdiction with respect to a party, claim,

19 or other element of an action.

20 ‘‘(c) In an action remanded to another district court

21 or a State court under section 1407(i)(1) or 1441(e)(2),

22 the district court’s choice of law under subsection (b) shall

23 continue to apply.’’.

24 (2) CONFORMING AMENDMENT.—The table of

25 sections at the beginning of chapter 111 of title 28,
20

•S 2163 IS

1 United States Code, is amended by adding at the

2 end the following:

‘‘1660. Choice of law in multiparty, multiforum actions.’’.

3 (f) SERVICE OF PROCESS.—

4 (1) OTHER THAN SUBPOENAS.—

5 (A) IN GENERAL.—Chapter 113 of title

6 28, United States Code, is amended by adding

7 at the end the following:

8 ‘‘§ 1697. Service in multiparty, multiforum actions

9 ‘‘When the jurisdiction of the district court is based

10 in whole or in part upon section 1369, process, other than

11 subpoenas, may be served at any place within the United

12 States, or anywhere outside the United States if otherwise

13 permitted by law.’’.

14 (B) CONFORMING AMENDMENT.—The

15 table of sections at the beginning of chapter

16 113 of title 28, United States Code, is amended

17 by adding at the end the following:

‘‘1697. Service in multiparty, multiforum actions.’’.

18 (2) SERVICE OF SUBPOENAS.—

19 (A) IN GENERAL.—Chapter 117 of title

20 28, United States Code, is amended by adding

21 at the end the following:

22 ‘‘§ 1785. Subpoenas in multiparty, multiforum actions

23 ‘‘When the jurisdiction of the district court is based

24 in whole or in part upon section 1369 of this title, a sub-
21

•S 2163 IS

1 poena for attendance at a hearing or trial may, if author2 ized by the court upon motion for good cause shown, and

3 upon such terms and conditions as the court may impose,

4 be served at any place within the United States, or any5 where outside the United States if otherwise permitted by

6 law.’’.

7 (B) CONFORMING AMENDMENT.—The

8 table of sections at the beginning of chapter

9 117 of title 28, United States Code, is amended

10 by adding at the end the following:

‘‘1785. Subpoenas in multiparty, multiforum actions.’’.

11 (g) EFFECTIVE DATE.—The amendments made by

12 this section shall apply to a civil action if the accident giv13 ing rise to the cause of action occurred on or after the

14 90th day after the date of the enactment of this Act.

15 SEC. 6. APPEALS OF MERIT SYSTEMS PROTECTION BOARD.

16 (a) APPEALS.—Section 7703 of title 5, United States

17 Code, is amended—

18 (1) in subsection (b)(1), by striking ‘‘30’’ and

19 inserting ‘‘60’’; and

20 (2) in the first sentence of subsection (d), by in21 serting after ‘‘filing’’ the following: ‘‘, within 60 days

22 after the date the Director received notice of the

23 final order or decision of the Board,’’.

24 (b) EFFECTIVE DATE.—The amendments made by

25 subsection (a) take effect on the date of enactment of this
22

•S 2163 IS

1 Act and apply to any administrative or judicial proceeding

2 pending on that date or commenced on or after that date.

3 SEC. 7. EXTENSION OF JUDICIARY INFORMATION TECH4 NOLOGY FUND.

5 Section 612 of title 28, United States Code, is

6 amended—

7 (1) by striking ‘‘equipment’’ each place it ap8 pears and inserting ‘‘resources’’;

9 (2) by striking subsection (f) and redesignating

10 subsequent subsections accordingly;

11 (3) in subsection (g), as so redesignated, by

12 striking paragraph (3); and

13 (4) in subsection (i), as so redesignated—

14 (A) by striking ‘‘Judiciary’’ each place it

15 appears and inserting ‘‘judiciary’’;

16 (B) by striking ‘‘subparagraph (c)(1)(B)’’

17 and inserting ‘‘subsection (c)(1)(B)’’; and

18 (C) by striking ‘‘under (c)(1)(B)’’ and in19 serting ‘‘under subsection (c)(1)(B)’’.

20 SEC. 8. AUTHORIZATION FOR VOLUNTARY SERVICES.

21 Section 677 of title 28, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(c)(1) Notwithstanding section 1342 of title 31, the

24 Administrative Assistant, with the approval of the Chief
23

•S 2163 IS

1 Justice, may accept voluntary personal services for the

2 purpose of providing tours of the Supreme Court building.

3 ‘‘(2) No person may volunteer personal services under

4 this subsection unless the person has first agreed, in writ5 ing, to waive any claim against the United States arising

6 out of or in connection with such services, other than a

7 claim under chapter 81 of title 5.

8 ‘‘(3) No person volunteering personal services under

9 this subsection shall be considered an employee of the

10 United States for any purpose other than for purposes

11 of—

12 ‘‘(A) chapter 81 of title 5; or

13 ‘‘(B) chapter 171 of this title.

14 ‘‘(4) In the administration of this subsection, the Ad15 ministrative Assistant shall ensure that the acceptance of

16 personal services shall not result in the reduction of pay

17 or displacement of any employee of the Supreme Court.’’.

18 SEC. 9. OFFSETTING RECEIPTS.

19 For fiscal year 1999 and thereafter, any portion of

20 miscellaneous fees collected as prescribed by the Judicial

21 Conference of the United States pursuant to sections

22 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28,

23 United States Code, exceeding the amount of such fees

24 in effect on September 30, 1998, shall be deposited into
24

•S 2163 IS

1 the special fund of the Treasury established under section

2 1931 of title 28, United States Code.

3 SEC. 10. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY

4 REDUCTION PLANS.

5 Section 103(b)(2)(A) of the Civil Justice Reform Act

6 of 1990 (Public Law 101–650; 104 Stat. 5096; 28 U.S.C.

7 471 note), as amended by Public Law 105–53 (111 Stat.

8 1173), is amended by inserting ‘‘471,’’ after ‘‘sections’’.

9 SEC. 11. CREATION OF CERTIFYING OFFICERS IN THE JUDI10 CIAL BRANCH.

11 (a) APPOINTMENT OF DISBURSING AND CERTIFYING

12 OFFICERS.—Chapter 41 of title 28, United States Code,

13 is amended by adding at the end the following:

14 ‘‘§ 613. Disbursing and certifying officers

15 ‘‘(a)(1) The Director may designate in writing offi16 cers and employees of the judicial branch of the Govern17 ment, including the courts as defined in section 610 other

18 than the Supreme Court, to be disbursing officers in such

19 numbers and locations as the Director considers nec20 essary.

21 ‘‘(2) Disbursing officers shall—

22 ‘‘(A) disburse moneys appropriated to the judi23 cial branch and other funds only in strict accordance

24 with payment requests certified by the Director or in

25 accordance with subsection (b);
25

•S 2163 IS

1 ‘‘(B) examine payment requests as necessary to

2 ascertain whether such requests are in proper form,

3 certified, and approved; and

4 ‘‘(C) be held accountable for their actions as

5 provided by law, except that such a disbursing offi6 cer shall not be held accountable or responsible for

7 any illegal, improper, or incorrect payment resulting

8 from any false, inaccurate, or misleading certificate

9 for which a certifying officer is responsible under

10 subsection (b).

11 ‘‘(b)(1)(A) The Director may designate in writing of12 ficers and employees of the judicial branch of the Govern13 ment, including the courts as defined in section 610 other

14 than the Supreme Court, to certify payment requests pay15 able from appropriations and funds.

16 ‘‘(B) Certifying officers shall be responsible and ac17 countable for—

18 ‘‘(i) the existence and correctness of the facts

19 recited in the certificate or other request for pay20 ment or its supporting papers;

21 ‘‘(ii) the legality of the proposed payment under

22 the appropriation or fund involved; and

23 ‘‘(iii) the correctness of the computations of

24 certified payment requests.
26

•S 2163 IS

1 ‘‘(2) The liability of a certifying officer shall be en2 forced in the same manner and to the same extent as pro3 vided by law with respect to the enforcement of the liabil4 ity of disbursing and other accountable officers. A certify5 ing officer shall be required to make restitution to the

6 United States for the amount of any illegal, improper, or

7 incorrect payment resulting from any false, inaccurate, or

8 misleading certificates made by the certifying officer, as

9 well as for any payment prohibited by law or which did

10 not represent a legal obligation under the appropriation

11 or fund involved.

12 ‘‘(c) A certifying or disbursing officer—

13 ‘‘(1) has the right to apply for and obtain a de14 cision by the Comptroller General on any question of

15 law involved in a payment request presented for cer16 tification; and

17 ‘‘(2) is entitled to relief from liability arising

18 under this section in accordance with title 31.

19 ‘‘(d) Nothing in this section affects the authority of

20 the courts with respect to moneys deposited with the

21 courts under chapter 129.’’.

22 (b) CONFORMING AMENDMENT.—The table of sec23 tions for chapter 41 of title 28, United States Code, is

24 amended by adding at the end the following:

‘‘613. Disbursing and certifying officers.’’.
27

•S 2163 IS

1 (c) DUTIES OF DIRECTOR.—Paragraph (8) of sub2 section (a) of section 604 of title 28, United States Code,

3 is amended to read as follows:

4 ‘‘(8) Disburse appropriations and other funds

5 for the maintenance and operation of the courts;’’.

6 SEC. 12. LIMITATION ON COLLATERAL RELIEF.

7 (a) IN GENERAL.—No writ of habeas corpus or other

8 post-conviction remedy under section 2241, 2244, 2254,

9 or 2255 of title 28, United States Code, or any other pro10 vision of Federal law, shall lie to challenge the custody

11 or sentence of a person on the ground that the custody

12 or sentence of the person is the result in whole or in part

13 of the voluntarily given confession of the person.

14 (b) DETERMINATIONS REGARDING POST-CONVIC15 TION REMEDIES.—For purposes of subsection (a), in de16 termining whether any post-conviction remedy lies under

17 any provision of law described in subsection (a), as well

18 as in determining whether any such remedy should be

19 granted—

20 (1) the court shall apply the standards set forth

21 in section 3501(b) of title 18, United States Code;

22 and

23 (2) in applying the standards described in para24 graph (1) in any case seeking a post-conviction rem25 edy from a State court conviction, the court shall
28

•S 2163 IS

1 apply the standards set forth in section 2254(d) of

2 title 28, United States Code.

3 (c) DEFINITION OF CONFESSION.—In this section,

4 the term ‘‘confession’’ has the same meaning as in section

5 3501(e) of title 18, United States Code.

6 (d) NO EFFECT ON OTHER LAW.—Nothing in this

7 section shall be construed to modify or otherwise affect

8 any requirement under Federal law relating to the obtain9 ing or granting of post-conviction relief.

10 SEC. 13. LAURIE SHOW VICTIM PROTECTION.

11 Section 2254 of title 28, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(j) No Federal court shall specifically bar the retrial

14 in State court of a person filing the writ of habeas cor15 pus.’’.

16 SEC. 14. RULE OF CONSTRUCTION RELATING TO RETRO17 ACTIVE APPLICATION OF STATUTES.

18 (a) IN GENERAL.—Chapter 1 of title 1, United

19 States Code, is amended by adding at the end the follow20 ing:

21 ‘‘§ 8. Rules for determining the retroactive effect of

22 legislation

23 ‘‘(a) Any Act of Congress enacted after the effective

24 date of this section shall be prospective in application only
29

•S 2163 IS

1 unless a provision included in the Act expressly specifies

2 otherwise.

3 ‘‘(b) In applying this section, a court shall determine

4 the relevant retroactivity event in an Act of Congress (if

5 such event is not specified in such Act) for purposes of

6 determining if the Act—

7 ‘‘(1) is prospective in application only; or

8 ‘‘(2) affects conduct that occurred before the ef9 fective date of the Act.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

11 The table of sections for chapter 1 of title 1, United States

12 Code, is amended by adding after the item relating to sec13 tion 7 the following:

‘‘8. Rules for determining retroactive effect of legislation.’’.

14 SEC. 15. APPROPRIATE REMEDIES FOR PRISON CONDI15 TIONS.

16 (a) TRANSFER AND REDESIGNATION.—Section 3626

17 of title 18, United States Code, is—

18 (1) transferred to the Civil Rights of Institu19 tionalized Persons Act (42 U.S.C. 1997 et seq.);

20 (2) redesignated as section 13 of that Act; and

21 (3) inserted after section 12 of that Act (42

22 U.S.C. 1997j).

23 (b) AMENDMENTS.—Section 13 of the Civil Rights of

24 Institutionalized Persons Act, as redesignated by sub25 section (a) of this section, is amended—
30

•S 2163 IS

1 (1) in subsection (b)(3), by adding at the end

2 the following: ‘‘Noncompliance with an order for

3 prospective relief by any party, including the party

4 seeking termination of that order, shall not con5 stitute grounds for refusal to terminate the prospec6 tive relief, if the party’s noncompliance does not con7 stitute a current and ongoing violation of a Federal

8 right.’’;

9 (2) by redesignating subsections (e) through (g)

10 as subsections (f) through (h), respectively;

11 (3) by inserting after subsection (d) the follow12 ing:

13 ‘‘(e) PROCEDURE FOR ENTERING PROSPECTIVE RE14 LIEF.—

15 ‘‘(1) IN GENERAL.—In any civil action with re16 spect to prison conditions, a court entering an order

17 for prospective relief shall enter written findings

18 specifying—

19 ‘‘(A) the Federal right the court finds to

20 have been violated;

21 ‘‘(B) the facts establishing that violation;

22 ‘‘(C) the particular plaintiff or plaintiffs

23 who suffered actual injury caused by that viola24 tion;
31

•S 2163 IS

1 ‘‘(D) the actions of each defendant that

2 warrant and require the entry of prospective re3 lief against that defendant;

4 ‘‘(E) the reasons for which, in the absence

5 of prospective relief, each defendant as to whom

6 the relief is being entered will not take ade7 quate measures to correct the violation of the

8 Federal right;

9 ‘‘(F) the reasons for which no more nar10 rowly drawn or less intrusive prospective relief

11 would correct the current and ongoing violation

12 of the Federal right; and

13 ‘‘(G) the estimated impact of the prospec14 tive relief on public safety and the operation of

15 any affected criminal justice system.

16 ‘‘(2) CONFLICT WITH STATE LAW.—If the pro17 spective relief ordered in any civil action with respect

18 to prison conditions requires or permits a govern19 ment official to exceed his or her authority under

20 State or local law or otherwise violates State law,

21 the court shall, in addition to the findings required

22 under paragraph (1), enter findings regarding the

23 reasons for which—

24 ‘‘(A) Federal law requires such relief to be

25 ordered in violation of State or local law;
32

•S 2163 IS

1 ‘‘(B) the specific relief is necessary to cor2 rect the violation of a Federal right; and

3 ‘‘(C) no other relief will correct the viola4 tion of the Federal right.’’;

5 (4) in subsection (f), as redesignated—

6 (A) in paragraph (3), in the first sentence,

7 by inserting before the period at the end of the

8 sentence the following: ‘‘, including that the

9 case requires the determination of complex or

10 novel questions of law, or that the court plans

11 to order or has ordered a hearing under para12 graph (5)(E) or discovery under paragraph

13 (5)(F)’’; and

14 (B) by adding at the end the following:

15 ‘‘(5) TERMINATION OF PROSPECTIVE RELIEF.—

16 ‘‘(A) CONTENTS OF ANSWER TO MOTION

17 TO TERMINATE.—

18 ‘‘(i) IN GENERAL.—In the answer to

19 the motion to terminate prospective relief,

20 the plaintiff may oppose termination in ac21 cordance with this subparagraph, on the

22 ground that the prospective relief remains

23 necessary to correct a current and ongoing

24 violation of a Federal right.
33

•S 2163 IS

1 ‘‘(ii) RELIEF ENTERED BEFORE EN2 ACTMENT OF PRISON LITIGATION REFORM

3 ACT.—If the prospective relief sought to be

4 terminated was entered before the date of

5 enactment of the Prison Litigation Reform

6 Act, the answer opposing termination

7 under clause (i) shall allege—

8 ‘‘(I) the specific Federal right al9 leged to be the object of a current vio10 lation;

11 ‘‘(II) specific facts that, if true,

12 would establish that current violation;

13 ‘‘(III) the particular plaintiff or

14 plaintiffs who are currently suffering

15 actual injury caused by that violation;

16 ‘‘(IV) the actions of each named

17 defendant that constitute that viola18 tion of the particular plaintiff’s or

19 plaintiffs’ right;

20 ‘‘(V)(aa) the portion of the com21 plaint or amended complaint filed

22 prior to the original entry of the pro23 spective relief sought to be retained

24 that alleged the violation of that Fed25 eral right;
34

•S 2163 IS

1 ‘‘(bb) the portion of the court

2 order originally ordering the prospec3 tive relief that found the violation of

4 that Federal right; or

5 ‘‘(cc) both the materials specified

6 in items (aa) and (bb), if the violation

7 of right was both alleged and estab8 lished;

9 ‘‘(VI) the manner in which the

10 current and ongoing violation can be

11 remedied by maintaining the existing

12 prospective relief; and

13 ‘‘(VII) the reasons for which, in

14 the absence of prospective relief, each

15 defendant as to whom the relief would

16 be maintained would not take ade17 quate measures to correct the viola18 tion of the Federal right.

19 ‘‘(iii) RELIEF ENTERED AFTER EN20 ACTMENT OF PRISON LITIGATION REFORM

21 ACT.—If the prospective relief was entered

22 after the date of enactment of the Prison

23 Litigation Reform Act, the answer oppos24 ing termination under clause (i) shall al25 lege—
35

•S 2163 IS

1 ‘‘(I) the specific Federal right al2 leged to be the object of a current vio3 lation;

4 ‘‘(II) specific facts that, if true,

5 would establish that current violation;

6 ‘‘(III) the particular plaintiff or

7 plaintiffs who are currently suffering

8 actual injury caused by that violation;

9 ‘‘(IV) the current actions of each

10 named defendant that constitute that

11 violation of the particular plaintiff’s

12 or plaintiffs’ right;

13 ‘‘(V) the findings required by

14 subsection (e) made by the court at

15 the time of the original entry of the

16 prospective relief that established that

17 the right had been violated and that

18 the prospective relief was necessary to

19 correct the violation;

20 ‘‘(VI) the manner in which the

21 current and ongoing violation can be

22 remedied by maintaining the existing

23 prospective relief; and

24 ‘‘(VII) the reasons for which, in

25 the absence of prospective relief, each
36

•S 2163 IS

1 defendant as to whom the relief would

2 be maintained would not take ade3 quate measures to correct the viola4 tion of the Federal right.

5 ‘‘(iv) The answer shall be accom6 panied by affidavits, references to the

7 record, and any other materials on which

8 the plaintiff relies to support the allega9 tions required to be contained in the an10 swer under clause (ii) or (iii).

11 ‘‘(B) CONTENTS OF RESPONSE TO AN12 SWER.—

13 ‘‘(i) IN GENERAL.—If the defendant

14 disputes plaintiff’s factual allegations, de15 fendant shall file a response to the answer

16 setting forth the factual allegations the de17 fendant challenges.

18 ‘‘(ii) ADDITIONAL REQUIREMENTS.—

19 In any case where the defendant seeks ter20 mination of the relief on the ground that

21 it is not narrowly tailored, overly intrusive,

22 or poses too great a burden on public safe23 ty or the operation of a criminal justice

24 system, or that it requires the defendant to
37

•S 2163 IS

1 violate State or local law without meeting

2 the requirements of subsection (a)(1)(B)—

3 ‘‘(I) the defendant shall set forth

4 the factual basis for these claims in

5 its response; and

6 ‘‘(II) the defendant shall also set

7 forth alternative relief that would cor8 rect the violation of the Federal right

9 and that is more narrowly tailored,

10 less intrusive, less burdensome to pub11 lic safety or the operation of the af12 fected criminal justice system, or does

13 not require a violation of State or

14 local law.

15 ‘‘(iii) SUPPORTING DOCUMENTA16 TION.—The defendant’s response shall be

17 accompanied by affidavits, references to

18 the record, and any other materials on

19 which the defendant relies to support its

20 challenge to the plaintiff’s factual allega21 tions or the factual basis for its claims re22 garding the propriety or scope of the relief.

23 ‘‘(C) BURDEN OF PERSUASION.—The

24 plaintiff shall have the burden of persuasion

25 with respect to each point required to be con-
38

•S 2163 IS

1 tained in the answer. The defendant shall have

2 the burden of persuasion with respect to wheth3 er the relief extends further than necessary to

4 correct the violation of the Federal right, is not

5 narrowly drawn nor the least intrusive means to

6 correct the violation of the Federal right, exces7 sively burdens public safety or the operation of

8 a prison system, or requires the defendant to

9 violate State or local law without meeting the

10 requirements of subsection (a)(1)(B).

11 ‘‘(D) SUMMARY DETERMINATION.—The

12 court shall grant the motion to terminate if the

13 plaintiff’s answer fails to satisfy the require14 ments of subparagraph (A) or if the materials

15 accompanying the plaintiff’s answer together

16 with the materials accompanying the defend17 ant’s response fail to carry the plaintiff’s bur18 den of persuasion or fail to create a genuine

19 issue of material fact regarding whether the re20 lief should be maintained.

21 ‘‘(E) EVIDENTIARY HEARING.—If the

22 court determines that there is a genuine issue

23 of material fact that precludes it from making

24 a summary determination concerning the mo25 tion on the basis of the materials filed by the
39

•S 2163 IS

1 parties, the court may conduct a limited evi2 dentiary hearing to resolve any disputed mate3 rial facts identified by the court.

4 ‘‘(F) DISCOVERY.—If the court determines

5 that the plaintiff’s answer meets the require6 ments of paragraph (5)(A), that there are genu7 ine issues of material fact that preclude it from

8 making a summary determination concerning

9 the motion based on the material filed by the

10 parties, and that discovery would assist in re11 solving these issues, the court may permit lim12 ited, narrowly tailored, and expeditious discov13 ery relating to the disputed material facts iden14 tified by the court.

15 ‘‘(G) FINDINGS.—

16 ‘‘(i) IN GENERAL.—If the court denies

17 the motion to terminate prospective relief,

18 the court shall enter written findings speci19 fying—

20 ‘‘(I) the Federal right the court

21 finds to be currently violated;

22 ‘‘(II) the facts establishing that

23 the violation is continuing to occur;
40

•S 2163 IS

1 ‘‘(III) the particular plaintiff or

2 plaintiffs who are currently suffering

3 actual injury caused by that violation;

4 ‘‘(IV) the actions of each defend5 ant that warrant and require the con6 tinuation of the prospective relief

7 against that defendant;

8 ‘‘(V) the reasons for which, in

9 the absence of continued prospective

10 relief, each defendant as to whom the

11 relief is continued will not take ade12 quate measures to correct the viola13 tion of the Federal right;

14 ‘‘(VI) the reasons for which no

15 more narrowly drawn on less intrusive

16 prospective relief would correct the

17 current and ongoing violation of the

18 Federal right;

19 ‘‘(VII) the impact of the prospec20 tive relief on public safety and the op21 eration of any affected criminal jus22 tice system; and

23 ‘‘(VIII) if the prospective relief

24 requires the defendant to violate State

25 or local law, the reasons for which—
41

•S 2163 IS

1 ‘‘(aa) Federal law requires

2 the continuation of relief that

3 violates State or local law;

4 ‘‘(bb) the specific relief is

5 necessary to correct the violation

6 of a Federal right; and

7 ‘‘(cc) no other relief will cor8 rect the violation of the Federal

9 right.

10 ‘‘(ii) REQUIREMENTS FOR MOTIONS

11 ORDERED BEFORE ENACTMENT OF PRISON

12 LITIGATION REFORM ACT.—In the case of

13 a motion to terminate prospective relief en14 tered before the date of enactment of the

15 Prison Litigation Reform Act, in addition

16 to the requirements of clause (i), the

17 court’s written findings shall also specify—

18 ‘‘(I)(aa) the portion of the com19 plaint or amended complaint that pre20 viously alleged that violation of Fed21 eral right;

22 ‘‘(bb) the findings the court

23 made at the time it originally entered

24 the prospective relief concerning that

25 violation of Federal right; or
42

•S 2163 IS

1 ‘‘(cc) both the findings specified

2 in items (aa) and (bb), if the violation

3 was originally both alleged and estab4 lished; and

5 ‘‘(II) the prospective relief pre6 viously ordered to remedy that viola7 tion.

8 ‘‘(iii) REQUIREMENTS FOR MOTIONS

9 ORDERED AFTER ENACTMENT OF PRISON

10 LITIGATION REFORM ACT.—In the case of

11 a motion to terminate prospective relief

12 originally ordered after the date of enact13 ment of the Prison Litigation Reform Act,

14 in addition to the requirements of clause

15 (i), the court shall also enter written find16 ings specifying—

17 ‘‘(I) the findings required by sub18 section (e) made by the court at the

19 time the relief was originally entered

20 establishing that violation of Federal

21 right; and

22 ‘‘(II) the prospective relief pre23 viously ordered to remedy that viola24 tion.’’;

25 (5) in subsection (g), as redesignated—
43

•S 2163 IS

1 (A) by striking the subsection designation

2 and heading and inserting the following:

3 ‘‘(g) SPECIAL MASTERS FOR CIVIL ACTIONS WITH

4 RESPECT TO PRISON CONDITIONS.—’’;

5 (B) in paragraph (1)(B), by striking

6 ‘‘under this subsection’’;

7 (C) in paragraph (2)—

8 (i) in subparagraph (A), by striking

9 ‘‘institution’’; and

10 (ii) by adding at the end the follow11 ing:

12 ‘‘(D) APPLICABILITY.—

13 ‘‘(i) IN GENERAL.—This paragraph shall

14 not apply to any special master appointed be15 fore the date of enactment of the Prison Litiga16 tion Reform Act, unless their original appoint17 ment expires on or after that date of enact18 ment.

19 ‘‘(ii) SPECIAL MASTERS COVERED.—This

20 paragraph applies to all special masters ap21 pointed or reappointed after the date of enact22 ment of the Prison Litigation Reform Act, re23 gardless of the cause of the expiration of any

24 initial appointment.’’;
44

•S 2163 IS

1 (D) in paragraph (3), by striking ‘‘under

2 this subsection’’;

3 (E) in paragraph (4)—

4 (i) by striking ‘‘under this section’’;

5 (ii) by inserting ‘‘(A)’’ after ‘‘(4)’’;

6 (iii) in subparagraph (A), as so des7 ignated, by adding at the end the follow8 ing: ‘‘In no event shall a court require a

9 party to pay the compensation, expenses,

10 or costs of the special master. Notwith11 standing any other provision of law (in12 cluding section 306 of the Act entitled ‘An

13 Act making appropriations for the Depart14 ments of Commerce, Justice, and State,

15 the Judiciary, and related agencies for the

16 fiscal year ending September 30, 1997,’

17 contained in section 101(a) of title I of di18 vision A of the Act entitled ‘An Act mak19 ing omnibus consolidated appropriations

20 for the fiscal year ending September 30,

21 1997’ (110 Stat. 3009201)) and except as

22 provided in subparagraph (B), the require23 ment under the preceding sentence shall

24 apply to the compensation and payment of

25 expenses or costs of a special master for
45

•S 2163 IS

1 any action that is commenced before, on,

2 or after the date of enactment of the Pris3 on Litigation Reform Act.’’; and

4 (iv) by adding at the end the follow5 ing:

6 ‘‘(B) The payment requirements under

7 subparagraph (A) shall not apply to the pay8 ment of a special master who was appointed be9 fore the date of enactment of the Prison Litiga10 tion Reform Act (110 Stat. 1321165 et seq.) of

11 compensation, expenses, or costs relating to ac12 tivities of the special master under this sub13 section that were carried out during the period

14 beginning on the date of enactment of the Pris15 on Litigation Reform Act and ending on the

16 date of enactment of this subparagraph.’’;

17 (F) in paragraph (5), by striking from ‘‘In

18 any civil action’’ and all that follows through

19 ‘‘subsection, the’’ and inserting ‘‘The’’; and

20 (G) in paragraph (6)—

21 (i) by striking ‘‘appointed under this

22 subsection’’;

23 (ii) by striking subparagraph (A) and

24 inserting the following:
46

•S 2163 IS

1 ‘‘(A) may be authorized by a court to con2 duct hearings on the record, and shall make

3 any findings based on the record as a whole;’’;

4 (iii) in subparagraph (B), by striking

5 ‘‘communications;’’ and inserting ‘‘engage

6 in any communications ex parte; and’’; and

7 (iv) by striking subparagraph (C) and

8 redesignating subparagraph (D) as sub9 paragraph (C); and

10 (6) in subsection (h), as redesignated—

11 (A) in paragraph (1), by striking ‘‘settle12 ments’’ and inserting ‘‘settlement agreements’’;

13 (B) in paragraph (3)—

14 (i) by inserting ‘‘Federal, State, local,

15 or other’’ before ‘‘facility’’;

16 (ii) by striking ‘‘violations’’ and in17 serting ‘‘a violation’’;

18 (iii) by striking ‘‘terms and condi19 tions’’ and inserting ‘‘terms or conditions’’;

20 and

21 (iv) by inserting ‘‘or other post-convic22 tion conditional or supervised release,’’

23 after ‘‘probation,’’;

24 (C) in paragraph (5), by striking ‘‘or local

25 facility’’ and inserting ‘‘local, or other facility’’;
47

•S 2163 IS

1 (D) in paragraph (8) by striking ‘‘inher2 ent’’;

3 (E) in paragraph (9), by striking the pe4 riod at the end and inserting a semicolon;

5 (F) by adding at the end the following:

6 ‘‘(10) the term ‘violation of a Federal right’—

7 ‘‘(A) means a violation of a Federal con8 stitutional or Federal statutory right;

9 ‘‘(B) does not include a violation of a court

10 order that is not independently a violation of a

11 Federal statutory or Federal constitutional

12 right; and

13 ‘‘(C) shall not be interpreted to expand the

14 authority of any individual or class to enforce

15 the legal rights that individual or class may

16 have pursuant to existing law with regard to in17 stitutionalized persons, or to expand the author18 ity of the United States to enforce those rights

19 on behalf of any individual or class.’’; and

20 (G) by redesignating paragraphs (8) and

21 (9) as paragraphs (9) and (8), respectively, and

22 inserting paragraph (9), as redesignated, after

23 paragraph (8), as redesignated.

24 (c) TECHNICAL AMENDMENT.—The table of sections

25 at the beginning of subchapter C of chapter 229 of title
48

•S 2163 IS

1 18, United States Code, is amended by striking the item

2 relating to section 3626.

3 SEC. 16. LIMITATION ON FEES.

4 Section 7 of the Civil Rights of Institutionalized Per5 sons Act (42 U.S.C. 1997e) is amended—

6 (1) in subsection (d)—

7 (A) by striking subparagraphs (A) and (B)

8 and inserting the following:

9 ‘‘(A) the fee was directly and reasonably

10 incurred in—

11 ‘‘(i) proving an actual violation of the

12 plaintiff’s Federal rights that resulted in

13 an order for relief;

14 ‘‘(ii) successfully obtaining contempt

15 sanctions for a violation of previously or16 dered prospective relief that meets the

17 standards set forth in section 13, if the

18 plaintiff made a good faith effort to resolve

19 the matter without court action; or

20 ‘‘(iii) successfully obtaining court or21 dered enforcement of previously ordered

22 prospective relief that meets the standards

23 set forth in section 13, if the enforcement

24 order was necessary to prevent an immi25 nent risk of serious bodily injury to the
49

•S 2163 IS

1 plaintiff and the plaintiff made a good

2 faith attempt to resolve the matter without

3 court action; and

4 ‘‘(B) the amount of the fee is proportion5 ately related to the court ordered relief for the

6 violation.’’;

7 (B) in paragraph (2), by striking the last

8 sentence and inserting ‘‘If a monetary judgment

9 is the sole or principal relief awarded, the

10 award of attorney’s fees shall not exceed 100

11 percent of the judgment.’’;

12 (C) in paragraph (3)—

13 (i) by striking ‘‘greater than 150 per14 cent’’ and inserting ‘‘greater than the less15 er of—

16 ‘‘(A) 100 percent’’; and

17 (ii) by striking ‘‘counsel.’’ and insert18 ing ‘‘counsel; or

19 ‘‘(B) a rate of $100 per hour.’’; and

20 (D) in paragraph (4), by striking ‘‘pris21 oner’’ and inserting ‘‘plaintiff’’;

22 (2) in subsection (e), by striking ‘‘Federal civil

23 action’’ and inserting ‘‘civil action arising under

24 Federal law’’ and by striking ‘‘prisoner confined in

25 a jail, prison, or other correctional facility’’ and in-
50

•S 2163 IS

1 serting ‘‘prisoner who is or has been confined in any

2 prison’’;

3 (3) in subsection (f)—

4 (A) in paragraph (1), by striking ‘‘action

5 brought with respect to prison conditions’’ and

6 inserting ‘‘civil action with respect to prison

7 conditions brought’’ and by striking ‘‘jail, pris8 on, or other correctional facility’’ and inserting

9 ‘‘prison’’; and

10 (B) in paragraph (2), by striking ‘‘facility’’

11 and inserting ‘‘prison’’; and

12 (4) by striking subsections (g) and (h) and in13 serting the following:

14 ‘‘(g) WAIVER OF RESPONSE.—Any defendant may

15 waive the right to respond to any complaint in any civil

16 action arising under Federal law brought by a prisoner.

17 Notwithstanding any other law or rule of procedure, such

18 waiver shall not constitute an admission of the allegations

19 contained in the complaint or waive any affirmative de20 fense available to the defendant. No relief shall be granted

21 to the plaintiff unless a response has been filed. The court

22 may direct any defendant to file a response to the cog23 nizable claims identified by the court. The court shall

24 specify as to each named defendant the applicable cog25 nizable claims.
51

•S 2163 IS

1 ‘‘(h) DEFINITIONS.—In this section, the terms ‘civil

2 action with respect to prison conditions’, ‘prison’, and

3 ‘prisoner’ have the meanings given the terms in section

4 13(h).’’.

5 SEC. 17. NOTICE OF MALICIOUS FILINGS.

6 (a) IN GENERAL.—Chapter 123 of title 28, United

7 States Code, is amended—

8 (1) in section 1915A(c)—

9 (A) by striking ‘‘(c) DEFINITION.—As

10 used in this section’’ and inserting the follow11 ing:

12 ‘‘§ 1915C. Definition

13 ‘‘In sections 1915A and 1915B’’;

14 (B) by inserting ‘‘Federal, State, local, or

15 other’’ before ‘‘facility’’;

16 (C) by striking ‘‘violations’’ and inserting

17 ‘‘a violation’’;

18 (D) by striking ‘‘terms and conditions’’

19 and inserting ‘‘terms or conditions’’; and

20 (E) by inserting ‘‘or other post-conviction

21 conditional or supervised release,’’ after ‘‘proba22 tion,’’; and

23 (2) by inserting after section 1915A the follow24 ing:
52

•S 2163 IS

1 ‘‘§ 1915B. Notice to State authorities of finding of ma2 licious filing by a prisoner

3 ‘‘(a) FINDING.—In any civil action brought in Fed4 eral court by a prisoner (other than a prisoner confined

5 in a Federal correctional facility), the court may, on its

6 own motion or the motion of any adverse party, make a

7 finding whether—

8 ‘‘(1) the claim was filed for a malicious pur9 pose;

10 ‘‘(2) the claim was filed to harass the party

11 against which it was filed; or

12 ‘‘(3) the claimant testified falsely or otherwise

13 knowingly presented false allegations, pleadings, evi14 dence, or information to the court.

15 ‘‘(b) TRANSMISSION OF FINDING.—The court shall

16 transmit to the State Department of Corrections or other

17 appropriate authority any affirmative finding under sub18 section (a). If the court makes such a finding, the Depart19 ment of Corrections or other appropriate authority may,

20 pursuant to State or local law—

21 ‘‘(1) revoke such amount of good time credit or

22 the institutional equivalent accrued to the prisoner

23 as is deemed appropriate; or

24 ‘‘(2) consider such finding in determining

25 whether the prisoner should be released from prison

26 under any other State or local program governing
53

•S 2163 IS

1 the release of prisoners, including parole, probation,

2 other post-conviction or supervised release, or diver3 sionary program.’’.

4 (b) TECHNICAL AMENDMENT.—The table of sections

5 at the beginning of chapter 123 of title 28, United States

6 Code, is amended by inserting after the item relating to

7 section 1915A the following:

‘‘1915B. Notice to State authorities of finding of malicious filing by prisoner.

‘‘1915C. Definition.’’.

8 SEC. 18. LIMITATION ON PRISONER RELEASE ORDERS.

9 (a) IN GENERAL.—

10 (1) AMENDMENT TO TITLE 28.—Chapter 99 of

11 title 28, United States Code, is amended by adding

12 at the end the following:

13 ‘‘§ 1632. Limitation on prisoner release orders

14 ‘‘(a) IN GENERAL.—Notwithstanding section 13 of

15 the Civil Rights of Institutionalized Persons Act or any

16 other provision of law, in a civil action with respect to pris17 on conditions, no court of the United States or other court

18 defined under section 610 shall have jurisdiction to enter

19 or carry out any prisoner release order that would result

20 in the release from or nonadmission to a prison, on the

21 basis of prison conditions, of any person subject to incar22 ceration, detention, or admission to a facility because of—

23 ‘‘(1) a conviction of a felony under the laws of

24 the relevant jurisdiction; or
54

•S 2163 IS

1 ‘‘(2) a violation of the terms or conditions of

2 parole, probation, pretrial release, or a diversionary

3 program, relating to the commission of a felony

4 under the laws of the relevant jurisdiction.

5 ‘‘(b) DEFINITIONS.—In this section—

6 ‘‘(1) the terms ‘civil action with respect to pris7 on conditions’, ‘prisoner’, ‘prisoner release order’,

8 and ‘prison’ have the meanings given those terms in

9 section 13(h) of the Civil Rights of Institutionalized

10 Persons Act; and

11 ‘‘(2) the term ‘prison conditions’ means condi12 tions of confinement or the effects of actions by gov13 ernment officials on the lives of persons confined in

14 prison.’’.

15 (2) CONFORMING AMENDMENT.—The table of

16 sections for chapter 99 of title 28, United States

17 Code, is amended by adding at the end the follow18 ing:

‘‘1632. Limitation on prisoner release orders.’’.

19 (b) AMENDMENT TO TITLE 18.—Section 3624(b) of

20 title 18, United States Code, is amended—

21 (1) in paragraph (1), by striking the fifth sen22 tence and inserting the following: ‘‘Credit that has

23 not been earned may not later be granted, and credit

24 that has been revoked pursuant to section 3624A

25 may not later be reinstated.’’; and
55

•S 2163 IS

1 (2) in paragraph (2), by inserting before the pe2 riod at the end the following: ‘‘, and may be revoked

3 by the Bureau of Prisons for noncompliance with in4 stitutional disciplinary regulations at any time be5 fore vesting’’.

6 SEC. 19. REPEAL OF SECTION 140.

7 Section 140 of the joint resolution entitled ‘‘A Joint

8 Resolution making further continuing appropriations for

9 the fiscal year 1982, and for other purposes’’, approved

10 December 15, 1981 (Public Law 97–92; 95 Stat. 1200;

11 28 U.S.C. 461 note) is repealed.

12 SEC. 20. SEVERABILITY.

13 If any provision of this Act, an amendment made by

14 this Act, or the application of such provision or amend15 ment to any person or circumstance is held to be unconsti16 tutional, the remainder of this Act, the amendments made

17 by this Act, and the application of the provisions of such

18 to any person or circumstance shall not be affected there19 by.

Æ