[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1279 Introduced in Senate (IS)]

  1st Session
                                S. 1279

 To provide for appropriate remedies for prison condition lawsuits, to 
    discourage frivolous and abusive prison lawsuits, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 25), 1995

 Mr. Dole (for himself, Mr. Hatch, Mr. Abraham, Mr. Kyl, Mr. Reid, Mr. 
  Specter, Mrs. Hutchison, Mr. Thurmond, Mr. Santorum, Mr. Bond, Mr. 
 D'Amato, and Mr. Gramm) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for appropriate remedies for prison condition lawsuits, to 
    discourage frivolous and abusive prison lawsuits, 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 ``Prison Litigation Reform Act of 
1995''.

SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Prospective relief.--(A) Prospective relief in any 
        civil action with respect to prison conditions shall extend no 
        further than necessary to correct the violation of the Federal 
        right of a particular plaintiff or plaintiffs. The court shall 
        not grant or approve any prospective relief unless the court 
        finds that such relief is narrowly drawn, extends no further 
        than necessary to correct the violation of the Federal right, 
        and is the least intrusive means necessary to correct the 
        violation of the Federal right. The court shall give 
        substantial weight to any adverse impact on public safety or 
        the operation of a criminal justice system caused by the 
        relief.
            ``(B) Nothing in this section shall be construed to 
        authorize the courts, in exercising their remedial powers, to 
        order the construction of prisons or the raising of taxes, or 
        to repeal or detract from otherwise applicable limitations on 
        the remedial powers of the courts.
            ``(2) Preliminary injunctive relief.--In any civil action 
        with respect to prison conditions, to the extent otherwise 
        authorized by law, the court may enter a temporary restraining 
        order or an order for preliminary injunctive relief. 
        Preliminary injunctive relief must be narrowly drawn, extend no 
        further than necessary to correct the harm the court finds 
        requires preliminary relief, and be the least intrusive means 
        necessary to correct that harm. Preliminary injunctive relief 
        shall automatically expire on the date that is 90 days after 
        its entry, unless the court makes the findings required under 
        subsection (a)(1) for the entry of prospective relief and makes 
        the order final before the expiration of the 90-day period.
            ``(3) Prisoner release order.--(A) In any civil action with 
        respect to prison conditions, no prisoner release order shall 
        be entered unless--
                    ``(i) a court has previously entered an order for 
                less intrusive relief that has failed to remedy the 
                deprivation of the Federal right sought to be remedied 
                through the prisoner release order; and
                    ``(ii) the defendant has had a reasonable amount of 
                time to comply with the previous court orders.
            ``(B) In any civil action in Federal court with respect to 
        prison conditions, a prisoner release order shall be entered 
        only by a three-judge court in accordance with section 2284 of 
        title 28, if the requirements of subparagraph (E) have been 
        met.
            ``(C) A party seeking a prisoner release order in Federal 
        court shall file with any request for such relief, a request 
        for a three-judge court and materials sufficient to demonstrate 
        that the requirements of subparagraph (A) have been met.
            ``(D) If the requirements under subparagraph (A) have been 
        met, a Federal judge before whom a civil action with respect to 
        prison conditions is pending who believes that a prison release 
        order should be considered may sua sponte request the convening 
        of a three-judge court to determine whether a prisoner release 
        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 
                        particular 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 government 
        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 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 conditions 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 entered 
                an order denying termination of prospective relief 
                under this paragraph; or
                    ``(iii) in the case of an order issued on or before 
                the date of enactment of the Prison Litigation Reform 
                Act, 2 years after such date of enactment.
            ``(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 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 intrusive 
        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 Federal right, extends no further than 
        necessary to correct the violation of the Federal right, and 
        that the prospective relief is narrowly drawn and the least 
        intrusive means to correct the violation.
            ``(4) Termination or modification of relief.--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 with the limitations on 
        relief set forth in subsection (a).
            ``(2) Private settlement agreements.--(A) Nothing in this 
        section shall preclude parties from entering 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 
        reinstatement of the civil proceeding that the agreement 
        settled.
            ``(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 remedies 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 Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any 
        motion to modify or terminate prospective relief in a civil 
        action with respect to prison conditions.
            ``(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 special 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 appointment.
            ``(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 subsection, 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 incurred 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 subsection, 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 
        required under paragraph (1). In no event shall the appointment 
        of a special master extend beyond the termination 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 communications 
                ex parte; and
                    ``(C) may be removed at any time, but shall be 
                relieved of the appointment upon the termination 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 confinement or the 
        effects of actions by government officials on the lives of 
        persons confined in prison, but does not include habeas corpus 
        proceedings challenging the fact or duration of confinement in 
        prison;
            ``(3) the term `prisoner' means any person subject 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 population, 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 adjudicated 
        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
            ``(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, 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 enactment of 
this Act.
            (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. 3. 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 General'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 
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 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 law, by a prisoner 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.
    ``(2) In the event that a claim is, on its face, frivolous or 
malicious, 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) the amount of the fee is proportionately related 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 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 
greater than 25 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 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 correctional 
facility, for mental or emotional injury suffered while in custody 
without a prior showing of physical injury.
    ``(f) Hearing Location.--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 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--
            ``(1) at the facility; or
            ``(2) by telephone or video conference without removing the 
        prisoner from the facility in which the prisoner is confined.
Any State may adopt a similar requirement regarding hearings in such 
actions in that State's courts.
    ``(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 defendant to 
reply to a complaint commenced under this section.
    ``(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. 4. 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 
                ``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 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;
            (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, 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 
        ``subsections (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 
        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 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; or
                    ``(ii) fails to state a claim on which relief may 
                be granted.''.
    (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 ``proceedings''; 
        and
            (3) by adding at the end the following new paragraph:
    ``(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:
    ``(g) In no event shall a prisoner in any prison 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 occasions, brought an 
action or appeal in a court of the United States that was dismissed on 
the grounds that it is frivolous, malicious, or fails to state a claim 
upon which relief may be granted, unless the prisoner is under imminent 
danger of serious bodily harm.''.
    (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 delinquent for, violations of 
criminal law or the terms and conditions of parole, probation, pretrial 
release, or diversionary program.''.

SEC. 5. JUDICIAL SCREENING.

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended by inserting after section 1915 the following new section:
``Sec. 1915A. Screening
    ``(a) Screening.--The court shall review, before docketing, if 
feasible or, in any event, as soon as practicable 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 complaint, if the complaint--
            ``(1) 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 chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1915 the following new item:

``1915A. Screening.''.

SEC. 6. 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:
    ``(2) No person convicted of a felony who is incarcerated 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. 7. 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:
``Sec. 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.''.
    (b) Technical Amendment.--The analysis for chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1931 the following:

``1932. Revocation of earned release credit.''.
    (c) Amendment of Section 3624 of Title 18.--Section 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 
                        inserting ``Subject to paragraph (2), a 
                        prisoner'';
                            (ii) by striking ``for a crime of 
                        violence,''; 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 inserting 
                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 toward earning, a high school 
                diploma or an equivalent degree.''; and
                    (E) in the sixth sentence, by striking ``Credit for 
                the last'' and inserting ``Subject to paragraph (2), 
                credit for the last''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Notwithstanding any other law, credit awarded under 
        this subsection after the date of enactment of the Prison 
        Litigation Reform Act shall vest on the date the prisoner is 
        released from custody.''.
                                 <all>
S 1279 IS----2