H. R. 2076—73
(c) COSTS.—Section 1915(f) of title 28, United States Code (as
redesignated by subsection (a)(2)), is amended—
(1) by striking ‘‘(f) Judgment’’ and inserting ‘‘(f)(1) Judg-
ment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceedings’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) If the judgment against a prisoner includes the payment
of costs under this subsection, the prisoner shall be required to
pay the full amount of the costs ordered.
‘‘(B) The prisoner shall be required to make payments for
costs under this subsection in the same manner as is provided
for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the amount
of the costs ordered by the court.’’.
(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28, United States
Code, is amended by adding at the end the following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action or appeal
a judgment in a civil action or proceeding under this section if
the prisoner has, on 3 or more prior occasions, while incarcerated
or detained in any facility, brought an action or appeal in a court
of the United States that was dismissed on the grounds that it
is frivolous, malicious, or fails to state a claim upon which relief
may be granted, unless the prisoner is under imminent danger
of serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United States Code,
is amended by adding at the end the following new subsection:
‘‘(h) As used in this section, the term ‘prisoner’ means any
person incarcerated or detained in any facility who is accused
of, convicted of, sentenced for, or adjudicated delinquent for, viola-
tions of criminal law or the terms and conditions of parole, proba-
tion, pretrial release, or diversionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United States Code,
is amended by inserting after section 1915 the following new section:
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after docketing,
a complaint in a civil action in which a prisoner seeks redress
from a governmental entity or officer or employee of a governmental
entity.
‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court shall iden-
tify cognizable claims or dismiss the complaint, or any portion
of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant who is immune
from such relief.
‘‘(c) DEFINITION.—As used in this section, the term ‘prisoner’
means any person incarcerated or detained in any facility who
is accused of, convicted of, sentenced for, or adjudicated delinquent
for, violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.’’.
H. R. 2076—74
(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after the
item relating to section 1915 the following new item:
‘‘1915A. Screening.’’.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a civil
action against the United States or an agency, officer, or employee
of the Government, for mental or emotional injury suffered while
in custody without a prior showing of physical injury.’’.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in connection
with a civil action brought against any Federal, State, or local
jail, prison, or correctional facility or against any official or agent
of such jail, prison, or correctional facility, shall be paid directly
to satisfy any outstanding restitution orders pending against the
prisoner. The remainder of any such award after full payment
of all pending restitution orders shall be forwarded to the prisoner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.
Prior to payment of any compensatory damages awarded to
a prisoner in connection with a civil action brought against any
Federal, State, or local jail, prison, or correctional facility or against
any official or agent of such jail, prison, or correctional facility,
reasonable efforts shall be made to notify the victims of the crime
for which the prisoner was convicted and incarcerated concerning
the pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCA-
TION.
(a) IN GENERAL.—Chapter 123 of title 28, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of a crime
and confined in a Federal correctional facility, the court may order
the revocation of such earned good time credit under section 3624(b)
of title 18, United States Code, that has not yet vested, if, on
its own motion or the motion of any party, the court finds that—
‘‘(1) the claim was filed for a malicious purpose;
‘‘(2) the claim was filed solely to harass the party against
which it was filed; or
‘‘(3) the claimant testifies falsely or otherwise knowingly
presents false evidence or information to the court.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after the
item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Section 3624(b)
of title 18, United States Code, is amended—
H. R. 2076—75
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and inserting ‘‘Subject
to paragraph (2), a prisoner’’;
(ii) by striking ‘‘for a crime of violence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If the Bureau’’
and inserting ‘‘Subject to paragraph (2), if the Bureau’’;
(D) by striking the fourth sentence and inserting the
following: ‘‘In awarding credit under this section, the
Bureau shall consider whether the prisoner, during the
relevant period, has earned, or is making satisfactory
progress toward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking ‘‘Credit for the
last’’ and inserting ‘‘Subject to paragraph (2), credit for
the last’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) Notwithstanding any other law, credit awarded under
this subsection after the date of enactment of the Prison Litiga-
tion Reform Act shall vest on the date the prisoner is released
from custody.’’.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder
of this title, the amendments made by this title, and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.
This Act may be cited as the ‘‘Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1996.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.