[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3206 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3206

    To amend title 18, United States Code, with respect to Federal 
                   prisoners, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 1996

Mr. Christensen (for himself, Mr. Hayes, Mr. Neumann, Mrs. Myrick, and 
   Mr. Fox of Pennsylvania) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to Federal 
                   prisoners, and for other purposes.

    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 ``Criminal Correction and Victim 
Assistance Act of 1996''.

SEC. 2. REPEAL OF SECTIONS PROHIBITING PRISON LABOR.

    Title 18, United States Code, is amended--
            (1) by striking sections 436;
            (2) in the table of sections at the beginning of chapter 
        23, by striking the item relating to section 436;
            (3) by striking chapter 85; and
            (4) in the table of chapters at the beginning of part I of 
        title 18, United States Code, is amended by striking the item 
        relating to chapter 85.

SEC. 3. PRISON SECURITY.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Strength-training of prisoners prohibited
    ``The Bureau of Prisons shall ensure that--
            ``(1) prisoners under its jurisdiction do not engage in any 
        physical activities designed to increase their physical 
        strength or their fighting ability; and
            ``(2) all equipment designed for increasing the physical 
        strength or fighting ability of prisoners promptly be removed 
        from Federal correctional facilities and not be introduced into 
        such facilities thereafter except as needed for a medically 
        required program of physical rehabilitation approved by the 
        Director of the Bureau of Prisons.''.
    (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:

``4048. Strength-training of prisoners prohibited.''.

SEC. 4. REQUIREMENTS FOR PRISONERS.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4014. Requirement for prisoners
    ``(a) The Attorney General shall establish by rule--
            ``(1) the requirement that Federal prisoners that are able 
        to do so engage in work and that such prisoners work at least 
        48 hours each week;
            ``(2) the requirement that Federal prisoners engage in 
        educational study for at least 12 hours each week;
            ``(3) that no television viewing will be provided to 
        Federal prisoners, except educational programs; and
            ``(4) that a 25 percent assessment be levied on all wages 
        earned by Federal prisoners, with 5 percent returned to the 
        prosecuting agency to help reimburse the cost of the 
        prosecution, 10 percent set aside for victim restitution, and 
        10 percent placed in the Fund created by subsection (b).
    ``(b) There is established in the Treasury the James Wilson, Jr. 
Fund (referred to in this section as the  `Fund'). The Fund shall 
consist of moneys placed in it under subsection (a). The Attorney 
General shall distribute the money in the fund equally between--
            (1) State and local programs whose primary purpose is to 
        provide training and purchase equipment designed to protect 
        peace officers from personal injury in the line of duty 
        resulting from the criminal acts of third-parties; and
            (2) to families of local, State, and Federal peace officers 
        killed in the line of duty;
according to such procedures, and in such amounts, as the Attorney 
General shall by rule establish.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4014. Requirement for prisoners.''.

SEC. 5. STOPPING ABUSIVE PRISONER LAWSUITS.

    (a) Exhaustion Requirement.--Section 7(a)(1) of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
            (1) by striking ``in any action brought'' and inserting 
        ``no action shall be brought'';
            (2) by striking ``the court shall'' and all that follows 
        through ``require exhaustion of'' and insert ``until''; and
            (3) by inserting ``are exhausted'' after ``available''.
    (b) Frivolous Actions.--Section 7(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 
action fails to state a claim upon which relief can be granted or is 
frivolous or malicious.''.
    (c) Modification of Required Minimum Standards.--Section 7(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.
    (d) Proceeding in Forma Pauperis.--
            (1) Dismissal.--Section 1915(d) of title 28, United States 
        Code, is amended--
                    (A) by inserting ``at any time'' after ``counsel 
                and may'';
                    (B) by striking ``and may'' and inserting ``and 
                shall'';
                    (C) by inserting ``fails to state a claim upon 
                which relief may be granted or'' after ``that the 
                action''; and
                    (D) by inserting ``even if partial filing fees have 
                been imposed by the court'' before the period.
            (2) 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.''.
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