H. R. 2076—69
‘‘(9) 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, United 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 enact-
ment of this title.
(2) TECHNICAL
AMENDMENT.—Subsections (b) and (d) of
section 20409 of the Violent Crime Control and Law Enforce-
ment Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 INSTITUTIONALIZED
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.’’.
(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 Attorney Gen-
eral’s’’; and
(2) by amending subsection (b) to read as follows:
‘‘(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 follows:
‘‘(c) The Attorney General shall personally sign any motion
to intervene made pursuant to this section.’’.
(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 REMEDIES.—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 Federal 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 ADMINISTRA-
TIVE GRIEVANCE PROCEDURE.—The failure of a State to adopt or
H. R. 2076—70
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 motion 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 Federal 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.
‘‘(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 underlying claim without first requiring
the exhaustion of administrative 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 incurred in proving
an actual violation of the plaintiff’s rights protected by a statute
pursuant to which a fee may be awarded under section 2
of the Revised Statutes; and
‘‘(B)(i) the amount of the fee is proportionately related
to the court ordered relief for the violation; or
‘‘(ii) the fee was directly and reasonably incurred in enforc-
ing the relief ordered for the violation.
‘‘(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to exceed
25 percent) shall be applied to satisfy the amount of attorney’s
fees awarded against the defendant. If the award of attorney’s
fees is not greater than 150 percent of the judgment, the excess
shall be paid by the defendant.
‘‘(3) No award of attorney’s fees in an action described in
paragraph (1) shall be based on an hourly rate greater than 150
percent of 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 prisoner 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 action may
be brought by a prisoner confined in a jail, prison, or other correc-
tional facility, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in any action
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 Federal law, by a prisoner confined
in any jail, prison, or other correctional facility, pretrial proceedings
in which the prisoner’s participation is required or permitted shall
be conducted by telephone, video conference, or other telecommuni-
cations technology without removing the prisoner from the facility
in which the prisoner is confined.
H. R. 2076—71
‘‘(2) Subject to the agreement of the official of the Federal,
State, or local unit of government with custody over the prisoner,
hearings may be conducted at the facility in which the prisoner
is confined. To the extent practicable, the court shall allow counsel
to participate by telephone, video conference, or other communica-
tions technology in any hearing held at the facility.
‘‘(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 Federal law. Notwithstanding any other law or rule of proce-
dure, such waiver shall not constitute an admission of the allega-
tions contained in the complaint. No relief shall be granted to
the plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply to a com-
plaint brought under this section if it finds that the plaintiff has
a reasonable opportunity to prevail on the merits.
‘‘(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 inserting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10 of the Act
(42 U.S.C. 1997h) is amended—
(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 inserting ‘‘sub-
mits an affidavit that includes a statement of all assets
such prisoner possesses’’;
(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 appeal 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 certified copy of the trust
fund account statement (or institutional equivalent) for the prisoner
for the 6-month period 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;
H. R. 2076—72
(3) by inserting after subsection (a) the following new sub-
section:
‘‘(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, collect, 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 prisoner’s account;
or
‘‘(B) the average monthly balance in the prisoner’s account
for the 6-month period immediately preceding the filing of
the complaint or notice of appeal.
‘‘(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 prisoner’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 exceeds $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 paragraph (2),
by striking ‘‘subsection (a) of this section’’ and inserting ‘‘sub-
sections (a) and (b) and the prepayment of any partial filing
fee as may be required under subsection (b)’’; and
(5) by amending subsection (e), as redesignated by para-
graph (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
‘‘(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 defendant who
is immune from such relief.’’.
(b) EXCEPTION
TO
DISCHARGE
OF
DEBT
IN
BANKRUPTCY
PROCEEDING.—Section 523(a) of title 11, United States Code, is
amended—
(1) in paragraph (16), by striking the period at the end
and inserting ‘‘; or’’; and
(2) by adding at the end the following new paragraph:
‘‘(17) for a fee imposed by a court for the filing of a case,
motion, complaint, or appeal, or for other costs and expenses
assessed with respect to such filing, regardless of an assertion
of poverty by the debtor under section 1915 (b) or (f) of title
28, or the debtor’s status as a prisoner, as defined in section
1915(h) of title 28.’’.