263
three-judge court to determine whether a prisoner re-
lease order should be entered.
‘‘(E) The court shall enter a prisoner release
order only if the court finds—
‘‘(i) by clear and convincing evidence—
‘‘(I) that crowding is the primary
cause of the violation of a Federal right;
and
‘‘(II) that no other relief will remedy
the violation of the Federal right; and
‘‘(ii) by a preponderance of the evidence—
‘‘(I) that crowding has deprived a par-
ticular plaintiff or plaintiffs of at least one
essential, identifiable human need; and
‘‘(II) that prison officials have acted
with obduracy and wantonness in depriving
the particular plaintiff or plaintiffs of the
one essential, identifiable human need
caused by the crowding.
‘‘(F) Any State or local official or unit of gov-
ernment whose jurisdiction or function includes the
prosecution or custody of persons who may be released
from, or not admitted to, a prison as a result of a
prisoner release order shall have standing to oppose
the imposition or continuation in effect of such relief
264
and to seek termination of such relief, and shall have
the right to intervene in any proceeding relating to
such relief.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—
(A) In any civil action with respect to prison condi-
tions in which prospective relief is ordered, such relief
shall be terminable upon the motion of any party—
‘‘(i) 2 years after the date the court granted
or approved the prospective relief;
‘‘(ii) 1 year after the date the court has en-
tered an order denying termination of prospec-
tive relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Litiga-
tion Reform Act, 2 years after such date of en-
actment.
‘‘(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
before the relief is terminated under subparagraph
(A).
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE
RELIEF.—In any civil action with respect to prison
conditions, a defendant or intervener shall be entitled
to the immediate termination of any prospective relief
265
if the relief was approved or granted in the absence
of a finding by the court that the relief is narrowly
drawn, extends no further than necessary to correct
the violation of the Federal right, and is the least in-
trusive means necessary to correct the violation of the
Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not
terminate if the court makes written findings based
on the record that prospective relief remains necessary
to correct a current or ongoing violation of the Fed-
eral right, extends no further than necessary to correct
the violation of the Federal right, and that the pro-
spective relief is narrowly drawn and the least intru-
sive means to correct the violation.
‘‘(4) TERMINATION
OR
MODIFICATION
OF
RE-
LIEF.—Nothing in this section shall prevent any
party from seeking modification or termination before
the relief is terminable under paragraph (1) or (2),
to the extent that modification or termination would
otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action
with respect to prison conditions, the court shall not
enter or approve a consent decree unless it complies
266
with the limitations on relief set forth in subsection
(a).
‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)
Nothing in this section shall preclude parties from en-
tering into a private settlement agreement that does
not comply with the limitations on relief set forth in
subsection (a), if the terms of that agreement are not
subject to court enforcement other than the reinstate-
ment of the civil proceeding that the agreement set-
tled.
‘‘(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement
has been breached from seeking in State court any
remedy for breach of contract available under State
law.
‘‘(d) STATE LAW REMEDIES.—The limitations on rem-
edies in this section shall not apply to relief entered by a
State court based solely upon claims arising under State
law.
‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
267
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A)(i) beginning on the 30th day after
such motion is filed, in the case of a motion
made under paragraph (1) or (2) of subsection
(b); or
‘‘(ii) beginning on the 180th day after such
motion is filed, in the case of a motion made
under subsection (b)(4); and
‘‘(B) ending on the date the court enters a
final order ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—(A) In any civil action in a
Federal court with respect to prison conditions, the
court may appoint a disinterested and objective spe-
cial master, who will give due regard to the public
safety, to conduct hearings on the record and prepare
proposed findings of fact.
‘‘(B) The court shall appoint a special master
under this subsection during the remedial phase of the
action only upon a finding that the remedial phase
will be sufficiently complex to warrant the appoint-
ment.
268
‘‘(2) APPOINTMENT.—(A) If the court determines
that the appointment of a special master is necessary,
the court shall request that the defendant institution
and the plaintiff each submit a list of not more than
5 persons to serve as a special master.
‘‘(B) Each party shall have the opportunity to
remove up to 3 persons from the opposing party’s list.
‘‘(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
‘‘(3) INTERLOCUTORY APPEAL.—Any party shall
have the right to an interlocutory appeal of the
judge’s selection of the special master under this sub-
section, on the ground of partiality.
‘‘(4) COMPENSATION.—The compensation to be
allowed to a special master under this section shall be
based on an hourly rate not greater than the hourly
rate established under section 3006A for payment of
court-appointed counsel, plus costs reasonably in-
curred by the special master. Such compensation and
costs shall be paid with funds appropriated to the
Federal Judiciary.
‘‘(5) REGULAR
REVIEW
OF
APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
269
section, the court shall review the appointment of the
special master every 6 months to determine whether
the services of the special master continue to be re-
quired under paragraph (1). In no event shall the ap-
pointment of a special master extend beyond the ter-
mination of the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A
special master appointed under this subsection—
‘‘(A) shall make any findings based on the
record as a whole;
‘‘(B) shall not make any findings or com-
munications ex parte; and
‘‘(C) may be removed at any time, but shall
be relieved of the appointment upon the termi-
nation of relief.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘consent decree’ means any relief
entered by the court that is based in whole or in part
upon the consent or acquiescence of the parties but
dues not include private settlements;
‘‘(2) the term ‘civil action with respect to prison
conditions’ means any civil proceeding arising under
Federal law with respect to the conditions of confine-
ment or the effects of actions by government officials
on the lives of persons confined in prison, but does
270
not include habeas corpus proceedings challenging the
fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject to incarceration, detention, or admission to 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;
‘‘(4) the term ‘prisoner release order’ includes
any order, including a temporary restraining order
or preliminary injunctive relief, that has the purpose
or effect of reducing or limiting the prison popu-
lation, 
or 
that 
directs 
the 
release 
from 
or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal, State,
or local facility that incarcerates or detains juveniles
or adults accused of, convicted of, sentenced for, or ad-
judicated delinquent for, violations of criminal law;
‘‘(6) the term ‘private settlement agreement’
means an agreement entered into among the parties
that is not subject to judicial enforcement other than
the reinstatement of the civil proceeding that the
agreement settled;
‘‘(7) the term ‘prospective relief’ means all relief
other than compensatory monetary damages; and
271
‘‘(8) the term ‘relief’ means all relief in any form
that may be granted or approved by the court, and
includes consent decrees but does not include private
settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN GENERAL.—Section 3626 of title 18, Unit-
ed States Code, as amended by this section, shall
apply with respect to all prospective relief whether
such relief was originally granted or approved before,
on, or after the date of the enactment of this title.
(2) TECHNICAL
AMENDMENT.—Subsections (b)
and (d) of section 20409 of the Violent Crime Control
and Law Enforcement Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter C of chapter 229 of title 18,
United States Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU-
TIONALIZED PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997a(c)) (referred to in this section as the ‘‘Act’’) is
amended to read as follows:
‘‘(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.’’.
272
(b) CERTIFICATION REQUIREMENTS.—Section 4 of the
Act (42 U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears
and inserting ‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the At-
torney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) The Attorney General shall personally sign any
certification made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the Act
(42 U.S.C. 1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’ each
place it appears and inserting ‘‘the Attorney
General’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) The Attorney General shall personally sign any
certification made pursuant to this section.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
273
(d) SUITS BY PRISONERS.—Section 7 of the Act (42
U.S.C. 1997e) is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) 
APPLICABILITY
OF
ADMINISTRATIVE
REM-
EDIES.—No action shall be brought with respect to prison
conditions under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983), or any other law, by a
prisoner confined in any jail, prison, or other correctional
facility until such administrative remedies as are available
are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO
ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of
a State to adopt or adhere to an administrative grievance
procedure shall not constitute the basis for an action under
section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own mo-
tion or on the motion of a party dismiss any action brought
with respect to prison conditions under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983), or
any other law, by a prisoner confined in any jail, prison,
or other correctional facility if the court is satisfied that
the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief from
a defendant who is immune from such relief.
274
‘‘(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief, the court may dismiss the under-
lying claim without first requiring the exhaustion of ad-
ministrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought
by a prisoner who is confined to any jail, prison, or other
correctional facility, in which attorney’s fees are authorized
under section 2 of the Revised Statutes of the United States
(42 U.S.C. 1988), such fees shall not be awarded, except
to the extent that—
‘‘(A) the fee was directly and reasonably in-
curred in proving an actual violation of the plain-
tiff’s rights protected by a statute pursuant to which
a fee may be awarded under section 2 of the Revised
Statutes; and
‘‘(B) the amount of the fee is proportionately re-
lated to the court ordered relief for the violation.
‘‘(2) Whenever a monetary judgment is awarded in an
action described in paragraph (1), a portion of the judg-
ment (not to exceed 25 percent) shall be applied to satisfy
the amount of attorney’s fees awarded against the defend-
ant. If the award of attorney’s fees is greater than 25 per-
275
cent of the judgment, the excess shall be paid by the defend-
ant.
‘‘(3) No award of attorney’s fees in an action described
in paragraph (1) shall be based on an hourly rate greater
than the hourly rate established under section 3006A of title
18, United States Code, for payment of court-appointed
counsel.
‘‘(4) Nothing in this subsection shall prohibit a pris-
oner from entering into an agreement to pay an attorney’s
fee in an amount greater than the amount authorized under
this subsection, if the fee is paid by the individual rather
than by the defendant pursuant to section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil ac-
tion may be brought by a prisoner confined in a jail, pris-
on, or other correctional facility, for mental or emotional
injury suffered while in custody without a prior showing
of physical injury.
‘‘(f) HEARINGS.—To the extent practicable, in any ac-
tion brought with respect to prison conditions in Federal
court pursuant to section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), or any other law, by
a prisoner confined in any jail, prison, or other correctional
facility, pretrial proceedings in which the prisoner’s par-
ticipation is required or permitted shall be conducted by
276
telephone or video conference without removing the prisoner
from the facility in which the prisoner is confined.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may
waive the right to reply to any action brought by a prisoner
confined in any jail, prison, or other correctional facility
under section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983) or any other law. Notwithstanding
any other law or rule of procedure, such waiver shall not
constitute an admission of the allegations contained in the
complaint. No relief shall be granted to the plaintiff unless
a reply has been filed.
‘‘(2) The court may, in its discretion, require any de-
fendant to reply to a complaint commenced under this sec-
tion.
‘‘(h) 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.’’.
(e) REPORT TO CONGRESS.—Section 8 of the Act (42
U.S.C. 1997f) is amended by striking ‘‘his report’’ and in-
serting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10
of the Act (42 U.S.C. 1997h) is amended—
277
(1) by striking ‘‘his action’’ and inserting ‘‘the
action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting
‘‘the Attorney General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting
‘‘(a)(1) Subject to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and in-
serting ‘‘submits an affidavit’’;
(D) by striking ‘‘such costs’’ and inserting
‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears
and inserting ‘‘the person’’;
(F) by adding immediately after paragraph
(1), the following new paragraph:
‘‘(2) A prisoner seeking to bring a civil action or ap-
peal a judgment in a civil action or proceeding without
prepayment of fees or security therefor, in addition to filing
the affidavit filed under paragraph (1), shall submit a cer-
tified copy of the trust fund account statement (or institu-
tional equivalent) for the prisoner for the 6-month period
278
immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each
prison at which the prisoner is or was confined.’’; and
(G) by striking ‘‘An appeal’’ and inserting
‘‘(3) An appeal’’;
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following
new subsection:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of a
filing fee. The court shall assess, and when funds exist, col-
lect, as a partial payment of any court fees required by
law, an initial partial filing fee of 20 percent of the greater
of—
‘‘(A) the average monthly deposits to the pris-
oner’s account; or
‘‘(B) the average monthly balance in the pris-
oner’s account for the 6-month period immediately
preceding the filing of the complaint or notice of ap-
peal.
‘‘(2) After payment of the initial partial filing fee, the
prisoner shall be required to make monthly payments of 20
percent of the preceding month’s income credited to the pris-
279
oner’s account. The agency having custody of the prisoner
shall forward payments from the prisoner’s account to the
clerk of the court each time the amount in the account ex-
ceeds $10 until the filing fees are paid.
‘‘(3) In no event shall the filing fee collected exceed the
amount of fees permitted by statute for the commencement
of a civil action or an appeal of a civil action or criminal
judgment.
‘‘(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘subsection (a) of this section’’
and inserting ‘‘subsections (a) and (b) and the pre-
payment of any partial filing fee as may be required
under subsection (b)’’; and
(5) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to represent
any person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss
the case at any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
280
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief
may be granted; or
‘‘(iii) seeks monetary relief against a de-
fendant who is immune from such relief.’’.
(b) 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) Judgment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceed-
ings’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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.’’.
(c) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
281
‘‘(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 occa-
sions, 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, mali-
cious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of
serious physical injury.’’.
(d) 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 de-
linquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or diver-
sionary 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 dock-
eting, if feasible or, in any event, as soon as practicable