[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5134 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5134

                      To protect victims of crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 1994

Mr. Santorum (for himself, Ms. Pryce of Ohio, Mr. Canady, Mr. Clinger, 
 Mr. Weldon, Mr. Boehner, Mr. Armey, Mr. Ridge, Ms. Molinari, Mr. Kyl, 
 Mr. DeLay, Mr. Cunningham, Mr. Livingston, Mr. Bachus of Alabama, Mr. 
 Hunter, Mr. Torkildsen, Mr. Inglis of South Carolina, Mr. Linder, Mr. 
    Roth, Mr. McCollum, Ms. Dunn, Mr. Duncan, and Mr. Knollenberg) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
                      To protect victims of crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims' Rights Act of 1994''.

          TITLE I--ELIMINATING EXCESSIVE AND REDUNDANT APPEALS

SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d) A one-year period of limitation shall apply to an application 
for a writ of habeas corpus by a person in custody pursuant to the 
judgment of a State court. The limitation period shall run from the 
latest of the following:
            ``(1) The time at which State remedies are exhausted.
            ``(2) The time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action.
            ``(3) The time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF 
              PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL 
              COLLATERAL RELIEF PROCEEDINGS.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 of this title before a circuit or district judge, the final order 
shall be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is had.
    ``(b) There shall be no right of appeal from such an order in a 
proceeding to test the validity of a warrant to remove, to another 
district or place for commitment or trial, a person charged with a 
criminal offense against the United States, or to test the validity of 
his detention pending removal proceedings.
    ``(c) An appeal may not be taken to the court of appeals from the 
final order in a habeas corpus proceeding where the detention 
complained of arises out of process issued by a State court, or from 
the final order in a proceeding under section 2255 of this title, 
unless a circuit justice or judge issues a certificate of probable 
cause.''.

SEC. 103. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``Habeas Corpus and Section 2255 Proceedings

    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate or Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate of probable cause is not required.''.

SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE 
              TO EXHAUST STATE REMEDIES.

    Section 2254(b) of title 28, United State Code, is amended to read 
as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State.''.

SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR 
              COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by 
striking the second paragraph and the penultimate paragraph thereof, 
and by adding at the end the following:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following:
            ``(1) The time at which the judgment of conviction becomes 
        final.
            ``(2) The time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action.
            ``(3) The time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

SEC. 106. SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL 
              CASES.

    (a) Title 28, United States Code, is amended by inserting the 
following new chapter after chapter 153:

        ``CHAPTER 154--HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``2256. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2257. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling 
                            rules.
``2259. Evidentiary hearings; scope of Federal review; district court 
                            adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to State unitary review procedure.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) In General.--This chapter applies to cases arising under 
section 2254 brought by prisoners in State custody who are subject to a 
capital sentence. It applies only as provided in subsections (b) and 
(c).
    ``(b) Statement Rule.--This chapter applies if a State establishes 
by rule of its court of last resort or by statute a mechanism for the 
appointment, compensation and payment of reasonable litigation expenses 
of competent counsel in State postconviction proceedings brought by 
indigent prisoners whose capital convictions and sentences have been 
upheld on direct appeal to the court of last resort in the State or 
have otherwise become final for State law purposes. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(c) Appointment of Counsel.--Any mechanism for the appointment, 
compensation and reimbursement of counsel as provided in subsection (b) 
must offer counsel to all State prisoners under capital sentence and 
must provide for the entry of an order by a court of record (1) 
appointing one or more counsel to represent the prisoner upon a finding 
that the prisoner is indigent and accepted the offer or is unable 
competently to decide whether to accept or reject the offer; (2) 
finding, after a hearing if necessary, that the prisoner rejected the 
offer of counsel and made the decision with an understanding of its 
legal consequences; or (3) denying the appointment of counsel upon a 
finding that the prisoner is not indigent.
    ``(d) Disqualification for Appointment.--No counsel appointment 
pursuant to subsections (b) and (c) to represent a State prisoner under 
capital sentence shall have previously represented the prisoner at 
trial or on direct appeal in the case for which the appointment is made 
unless the prisoner and counsel expressly request continued 
representation.
    ``(e) Limitation on Ground for Relief.--The ineffectiveness or 
incompetence of counsel during State or Federal collateral 
postconviction proceedings in a capital case shall not be a ground for 
relief in a proceeding arising under section 2254. This limitation 
shall not preclude the appointment of different counsel, on the court's 
own motion or at the request of the prisoner, at any phase of State or 
Federal postconviction proceedings on the basis of the ineffectiveness 
or incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Stay of Execution.--Upon the entry in the appropriate State 
court of record of an order under section 2256(c), a warrant or order 
setting an execution date for a State prisoner shall be stayed upon 
application to any court that would have jurisdiction over any 
proceedings filed under section 2254. The application must recite that 
the State has invoked the postconviction review procedures of this 
chapter and that the scheduled execution is subject to stay.
    ``(b) Expiration of Stay.--A stay of execution granted pursuant to 
subsection (a) shall expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258, or fails to make a timely application for court of 
        appeals review following the denial of such a petition by a 
        district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 the petition for relief is 
        denied and (A) the time for filing a petition for certiorari 
        has expired and no petition has been filed; (B) a timely 
        petition for certiorari was filed and the Supreme Court denied 
        the petition; or (C) a timely petition for certiorari was filed 
        and upon consideration of the case, the Supreme Court disposed 
        of it in a manner that left the capital sentence undisturbed; 
        or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254.
    ``(c) Limitation on Court Authority.--If one of the conditions in 
subsection (b) has occurred, no Federal court thereafter shall have the 
authority to enter a stay of execution or grant relief in a capital 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is (A) the result of 
        State action in violation of the Constitution or laws of the 
        United States; (B) the result of the Supreme Court recognition 
        of a new Federal right that is retroactively applicable; or (C) 
        based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review; and
            ``(3) The facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable fact finder would have 
        found the petitioner guilty of the underlying offense or 
        eligible for the death penalty under State law.
    ``(d) Successive Habeas Stays.--Notwithstanding any other provision 
of law, no Federal district court or appellate judge shall have the 
authority to enter a stay of execution, issue injunctive relief, or 
grant any equitable or other relief in a capital case on any successive 
habeas petition (or other action which follows the final determination 
of a first habeas corpus petition) unless the court first determines 
the petition or other action does not constitute an abuse of the writ. 
This determination shall be made only by the district judge or 
appellate panel who adjudicated the merits of the original habeas 
petition (or to the district judge or appellate panel to which the case 
may have been subsequently assigned as a result of the unavailability 
of the original court or judges). In the Federal courts of appeal, a 
stay may issue pursuant to the terms of this provision only when a 
majority of the original panel or majority of the active judges 
determines the petition does not constitute an abuse of the writ.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within one hundred and eighty 
days from the filing in the appropriate State court of record of an 
order under section 2256(c). The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed sixty days, 
        if (A) a motion for an extension of time is filed in the 
        Federal district court that would have proper jurisdiction over 
        the case upon the filing of a habeas corpus petition under 
        section 2254; and (B) a showing of good cause is made for the 
        failure to file the habeas corpus petition within the time 
        period established by this section.
Sec. 2259. Evidentiary hearings; scope of Federal review; district 
              court adjudication
    ``(a) Procedure.--Whenever a State prisoner under a capital 
sentence files a petition for habeas corpus relief to which this 
chapter applies, the district court shall--
            ``(1) determine the sufficiency of the record for habeas 
        corpus review based on the claims actually presented and 
        litigated in the State courts except when the prisoner can show 
        that the failure to raise or develop a claim in the State 
        courts is (A) the result of State action in violation of the 
        Constitution or laws of the United States; (B) the result of 
        the Supreme Court recognition of a new Federal right that is 
        retroactively applicable; or (C) based on a factual predicate 
        that could not have been discovered through the exercise of 
        reasonable diligence in time to present the claim for State 
        postconviction review; and
            ``(2) conduct any requested evidentiary hearing necessary 
        to complete the record for habeas corpus review.
    ``(b) Ruling on Claims.--Upon the development of a complete 
evidentiary record, the district court shall rule on the claims that 
are properly before it.
``Sec. 2260. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to the provisions of this chapter except 
when a second or successive petition is filed.
Sec. 2261. Application to State unitary review procedure
    ``(a) Definition.--For purposes of this section, a `unitary review' 
procedure means a State procedure that authorizes a person under 
sentence of death to raise, in the course of direct review of the 
judgment, such claims as could be raised on collateral attack. The 
provisions of this chapter shall apply, as provided in this section, in 
relation to a State unitary review procedure if the State established 
by rule of its court of last resort or by statute a mechanism for the 
appointment, compensation and payment of reasonable litigation expenses 
of competent counsel in the unitary review proceedings, including 
expenses relating to the litigation of collateral claims in the 
proceedings. The rule of court of statute must provide standards of 
competency for the appointment of such counsel.
    ``(b) Qualification.--A unitary review procedure, to qualify under 
this section, must include an offer of counsel following trial for the 
purpose of representation on unitary review, and entry of an order, as 
provided in section 2256(c), concerning appointment of counsel or 
waiver or denial of appointment of counsel for that purpose. No counsel 
appointed to represent the prisoner in the unitary review proceedings 
shall have previously represented the prisoner at trial in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(c) Effect of Qualification.--Sections 2257, 2258, 2259, 2260, 
and 2262 shall apply in relation to cases involving a sentence of death 
from any State having a unitary review procedure that qualifies under 
this section. References to State `post-conviction review' and `direct 
review' in those sections shall be understood as referring to unitary 
review under the State procedure. The references in sections 2257(a) 
and 2258 to `an order under section 2256(c)' shall be understood as 
referring to the post-trial order under subsection (b) concerning 
representation in the unitary review proceedings, but if a transcript 
of the trial proceedings is unavailable at the time of the filing of 
such an order in the appropriate State court, then the start of the one 
hundred and eighty day limitation period under section 2258 shall be 
deferred until a transcript is made available to the prisoner or his 
counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a) In General.--
            ``(1) A Federal district court shall determine such a 
        petition or motion within 60 days of any argument heard on an 
        evidentiary hearing, or where no evidentiary hearing is held, 
        within 60 days of any final argument heard in the case.
            ``(2)(A) The court of appeals shall hear and determine any 
        appeal relating to such a petition or motion within 90 days 
        after the filing of any reply brief or within 90 days after 
        such reply brief would be due. For purposes of this provision, 
        any reply brief shall be due within 14 days of the opposition 
        brief.
            ``(B) The court of appeals shall decide any petition for 
        rehearing and or request by an appropriate judge for rehearing 
        en banc within 20 days of the filing of such a petition or 
        request unless a responsive pleading is required in which case 
        the court of appeals shall decide the application within 20 
        days of the filing of the responsive pleading. If en banc 
        consideration is granted, the en banc court shall determine the 
        appeal within 90 days of the decision to grant such 
        consideration.
            ``(3) The time limitations contained in paragraphs (1) and 
        (2) may be extended only once for 20 days, upon an express good 
        cause finding by the court that the interests of justice 
        warrant such a one-time extension. The specific grounds for the 
        good cause finding shall be set forth in writing in any 
        extension order of the court.
            ``(4) Since the matters under paragraphs (1) and (2)(A) are 
        to be handled on a priority basis, the time from filing of the 
        petition or motion to final argument (under paragraph (1)) or 
        of the notice of appeal to the hearing of the appeal (under 
        paragraph (2)(A)) shall not exceed 4 months, unless exceptional 
        circumstances require a longer period. Where such time period 
        exceeds 4 months in any petition or motion (under paragraph 
        (2)(A)), the court shall set forth in writing the exceptional 
        circumstances causing the delay.
    ``(b) Application of Limitation.--The time limitations under 
section (a) shall apply to an initial petition or motion, and to any 
second or successive petition or motion. The same limitations shall 
also apply to the re-determination of a petition or motion or related 
appeal following a remand by the court of appeals or the Supreme Court 
for further proceedings, and in such case the limitation period shall 
run from the date of the remand.
    ``(c) Construction.--The time limitations under this section shall 
not be construed to entitle a petitioner or movant to a stay of 
execution, to which the petitioner or movant would otherwise not be 
entitled, for the purpose of litigating any petition, motion, or 
appeal.
    ``(d) Effect of Failure.--The failure of a court to meet or comply 
with the time limitations under this section shall not be a ground for 
granting relief from a judgment of conviction or sentence. The State or 
Government may enforce the time limitations under this section by 
applying to the court of appeals or the Supreme Court for a writ of 
mandamus.
    ``(e) Report.--The Administrative Office of United States Courts 
shall report annually to Congress on the compliance by the courts with 
the time limits established in this section.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases.''.

                 TITLE II--REFORM OF EXCLUSIONARY RULE

SEC. 201. REFORM OF EXCLUSIONARY RULE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure 
              assured
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence which is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the grounds that the search or seizure was in violation of the 
fourth amendment to the Constitution of the United States, if the 
search or seizure was carried out in circumstances justifying an 
objectively reasonable belief that it was in conformity with the fourth 
amendment. The fact that evidence was obtained pursuant to and within 
the scope of a warrant constitutes prima facie evidence of the 
existence of such circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall 
not be excluded in a proceeding in a court of the United States on the 
ground that it was obtained in violation of a statute, an 
administrative rule or regulation, or a rule of procedure unless 
exclusion is expressly authorized by statute or by a rule prescribed by 
the Supreme Court pursuant to statutory authority.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.

                           TITLE III--PRISONS

SEC. 301. LUXURIES ABOLISHED.

    Section 4001(b)(2) of title 18, United States Code, is amended by 
adding at the end: ``The Attorney General shall, not later than 120 
days from the enactment of this section, implement and enforce 
regulations mandating prison work for all able-bodied inmates in 
Federal penal and correctional institutions. Such regulations shall 
also prohibit the government provision in inmates' cells of television, 
radio, telephone stereo or other similar amenities.''.

SEC. 302. PRISON SECURITY.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4047. Strength-training of prisoners prohibited
    ``The Bureau of Prisons shall take care that--
            ``(1) prisoners under its jurisdiction do not engage in any 
        activities designed to increase both their physical strength 
        and their fighting ability; and
            ``(2) that all equipment designed for this purpose be 
        removed from Federal correctional facilities.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4047. Strength-training of prisoners prohibited.''.

                    TITLE IV--ENHANCED GUN PENALTIES

SEC. 401. ENHANCED PENALTIES FOR PERSONS CONVICTED OF USING OR CARRYING 
              A FIREARM DURING AND IN RELATION TO A FELONY.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended to read as follows:
    ``(c) Whoever, during and in relation to a crime that is a felony 
(including a felony which provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which he may be prosecuted in a court of the United States, uses or 
carries a firearm, shall, in addition to the punishment provided for 
such crime, be sentenced to imprisonment for 5 years, and if the 
firearm is a short-barreled rifle or short-barreled shotgun, to 
imprisonment for 10 years, and if the firearm is a machinegun or 
destructive device, or is equipped with a firearm silencer or firearm 
muffler, to imprisonment for 30 years. In the case of the 2nd or 
subsequent conviction of the person under this subsection, the person 
shall be sentenced to life imprisonment without release. 
Notwithstanding any other provision of law, a term of imprisonment 
imposed under this subsection shall not run concurrently with any other 
term of imprisonment including that imposed for the crime in which the 
firearm was used or carried.''.
    (b) Conforming Amendment.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended by inserting 
``(as in effect immediately before the enactment of the Gun Crime 
Control Act)'' after ``18'' the 1st place such term appears.

                         TITLE V--DEATH PENALTY

SEC. 501. FINDING BY JURY.

    Section 3593(e) of title 18, United States Code, is amended by 
striking ``the jury'' the first place it appears and all that follows 
through the end of subsection (e) and inserting the following: ``the 
jury, or if there is no jury, the court, shall then consider whether 
the aggravating factor or factors found to exist outweigh any 
mitigating factors. The jury, or if there is no jury, the court shall 
recommend a sentence of death if it unanimously finds at least one 
aggravating factor and no mitigating factor or if it finds one or more 
aggravating factors which outweigh any mitigating factors. In any other 
case, it shall not recommend a sentence of death. The jury shall be 
instructed that it must avoid any influence of sympathy, sentiment, 
passion, prejudice, or other arbitrary factors in its decision, and 
should make such a recommendation as the information warrants. The jury 
shall be instructed that its recommendation concerning a sentence of 
death is to be based on the aggravating factor or factors and any 
mitigating factors which have been found, but that the final decision 
concerning the balance of aggravating and mitigating factors is a 
matter for the jury's judgment.''.

SEC. 502. CONFORMING AMENDMENT.

    Section 3594 of title 18, United States Code, is amended by 
striking ``or life imprisonment without possibility of release''.

        TITLE VI--CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT

SEC. 601. EXHAUSTION REQUIREMENT.

    Section 8 of the Civil Rights of Institutionalized Persons Act (42 
U.S.C. 1997e) is amended in subsection (a)--
            (1) in paragraph (1)--
                    (A) by striking ``in any action brought'' and 
                inserting ``no action shall be brought'';
                    (B) by striking ``the court shall'' and all that 
                follows through ``require exhaustion of'' and insert 
                ``until''; and
                    (C) by inserting ``are exhausted'' after 
                ``available''; and
            (2) in paragraph (2), by inserting ``or are otherwise fair 
        and effective'' before the period at the end.

SEC. 602. FRIVOLOUS ACTIONS.

    Section 8(a) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(a) is amended by adding at the end the following:
            ``(3) The court shall on its own motion or on motion of a 
        party dismiss any action brought pursuant to section 1979 of 
        the Revised Statutes of the United States by an adult convicted 
        of a crime and confined in any jail, prison, or other 
        correctional facility if the court is satisfied that the action 
        fails to state a claim upon which relief can be granted or is 
        frivolous or malicious.''.

SEC. 603. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

    Section 8(b)(2) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and 
redesignating subparagraphs (B) through (E) as subparagraphs (A) 
through (D), respectively.

SEC. 604. REVIEW AND CERTIFICATION PROCEDURE CHANGES.

    Section 8(c) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(c) is amended--
            (1) in paragraph (1), by inserting ``or are otherwise fair 
        and effective'' before the period at the end; and
            (2) in paragraph (2), by inserting ``or is no longer fair 
        and effective'' before the period at the end.

SEC. 605. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Dismissal.--Section 1915(d) of title 28, United States Code, is 
amended--
            (1) by inserting ``at any time'' after ``counsel and may'';
            (2) by striking ``and may'' and inserting ``and shall'';
            (3) by inserting ``fails to state a claim upon which relief 
        may be granted or'' after ``that the action''; and
            (4) by inserting ``even if partial failing fees have been 
        imposed by the court'' before the period.
    (b) Prisoner's Statement of Assets.--Section 1915 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a) of this section, such 
prisoner shall include in that affidavit a statement of all assets such 
prisoner possesses. The court shall make inquiry of the correctional 
institution in which the prisoner is incarcerated for information 
available to that institution relating to the extent of the prisoner's 
assets. The court shall require full or partial payment of filing fees 
according to the prisoner's ability to pay.''.

                  TITLE VII--CONDITIONS OF CONFINEMENT

SEC. 701. ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT.

    (a) In General.--Title 28, United States Code is amended by 
inserting after chapter 176 the following new chapter:

      ``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT

``Sec.
``3401. Limitations on remedies.
``Sec. 3401. Limitations on remedies
    ``The district court, in any action challenging the 
constitutionality of conditions of confinement in any prison, jail, 
detention facility, or other correctional institution housing persons 
accused or convicted of a crime or juveniles adjudicated delinquent, 
shall have no jurisdiction to issue or enforce any order (including 
entering or enforcing any consent decree) that--
            ``(1) imposes a ceiling on the population of any 
        institution or requires any adjustment of the release dates of 
        inmates; or
            ``(2) prohibits the use of tents or prefabricated 
        structures for housing inmates.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 176 the following:

``177. Actions Challenging Conditions of Confinement........    3401''.
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