282
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 dismiss the complaint, or any portion of the com-
plaint, 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.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting 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:
283
‘‘(2) No person convicted of a felony who is incarcer-
ated 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. EARNED RELEASE CREDIT OR GOOD TIME CREDIT
REVOCATION.
(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.’’.
284
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec-
tion 3624(b) of title 18, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; 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 in-
serting 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 to-
ward earning, a high school diploma or an
equivalent degree.’’; and
285
(E) in the sixth sentence, by striking ‘‘Cred-
it for the last’’ and inserting ‘‘Subject to para-
graph (2), credit for the last’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Notwithstanding any other law, credit
awarded under this subsection after the date of enact-
ment of the Prison Litigation Reform Act shall vest
on the date the prisoner is released from custody.’’.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1996’’.
Passed the House of Representatives July 26, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate September 29 (legislative day,
September 25), 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.
HR 2076 PP——2
HR 2076 PP——3
HR 2076 PP——4
HR 2076 PP——5
HR 2076 PP——6
HR 2076 PP——7
HR 2076 PP——8
286
HR 2076 PP——9
HR 2076 PP——10
HR 2076 PP——11
HR 2076 PP——12
HR 2076 PP——13
HR 2076 PP——14
HR 2076 PP——15
HR 2076 PP——16
HR 2076 PP——17
HR 2076 PP——18
HR 2076 PP——19
HR 2076 PP——20