[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2163 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2163

 To modify the procedures of the Federal courts in certain matters, to 
          reform prisoner litigation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 1998

 Mr. Hatch (for himself, Mr. Ashcroft, Mr. Abraham, Mr. Thurmond, Mr. 
 Sessions, and Mr. Kyl) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To modify the procedures of the Federal courts in certain matters, to 
          reform prisoner litigation, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Judicial 
Improvement Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Procedures for certain injunctions.
Sec. 3. Limitations on remedial authority.
Sec. 4. Interlocutory appeals of court orders relating to class 
                            actions.
Sec. 5. Multiparty, multiforum jurisdiction of district courts.
Sec. 6. Appeals of Merit Systems Protection Board.
Sec. 7. Extension of Judiciary Information Technology Fund.
Sec. 8. Authorization for voluntary services.
Sec. 9. Offsetting receipts.
Sec. 10. Sunset of civil justice expense and delay reduction plans.
Sec. 11. Creation of certifying officers in the judicial branch.
Sec. 12. Limitation on collateral relief.
Sec. 13. Laurie Show victim protection.
Sec. 14. Rule of construction relating to retroactive application of 
                            statutes.
Sec. 15. Appropriate remedies for prison conditions.
Sec. 16. Limitation on fees.
Sec. 17. Notice of malicious filings.
Sec. 18. Limitation on prisoner release orders.
Sec. 19. Repeal of section 140.
Sec. 20. Severability.

SEC. 2. PROCEDURES FOR CERTAIN INJUNCTIONS.

    (a) Requirement of 3-Judge Court.--
            (1) In general.--No interlocutory or permanent injunction 
        restraining the enforcement, operation, or execution of a State 
        law adopted by referendum or an Act of Congress shall be 
        granted by a United States district court or judge thereof upon 
        the ground that the State law conflicts with the United States 
        Constitution, Federal law, or a treaty of the United States 
        unless the application for the injunction is heard and 
        determined by a court of 3 judges in accordance with section 
        2284 of title 28, United States Code.
            (2) Appeals.--Any appeal of a determination on such 
        application shall be to the Circuit Court of Appeals.
            (3) Designation of judges.--In any case to which this 
        section applies, the additional judges who will serve on the 3-
        judge court shall be designated under section 2284(b)(1) of 
        title 28, United States Code, as soon as practicable, and the 
        court shall expedite the consideration of the application for 
        an injunction.
            (4) Denial of request.--Nothing in this subsection shall 
        prevent a district court judge from denying a request for 
        interlocutory or permanent injunctive relief.
    (b) Time Limits on Injunctive Relief.--
            (1) Temporary restraining order.--Section 2284(b)(3) of 
        title 28, United States Code, is amended in the second sentence 
        by inserting before the period, the following: ``, but in no 
        event shall the order remain in force for longer than 10 
        days''.
            (2) Interlocutory injunction.--Any interlocutory injunction 
        restraining the enforcement or operation of a State law adopted 
        by referendum or an Act of Congress shall remain in force for 
        not longer than 60 days. The Federal courts shall lack the 
        authority to grant any additional interlocutory relief after 
        the expiration of an interlocutory injunction. Nothing in this 
        paragraph shall limit the court's authority to issue a 
        permanent injunction after an interlocutory injunction has 
        expired. If the order granting the interlocutory injunction is 
        appealed, the time limits of paragraph (4) apply.
            (3) Filing of appeal.--A notice of appeal from an order 
        granting an interlocutory injunction restraining the 
        enforcement or operation, of a State law adopted by referendum 
        or an Act of Congress shall be filed not later than 14 days 
        after the date of the order. The Courts of Appeals lack 
        jurisdiction over an untimely appeal of such an order.
            (4) Consideration of appeal.--If an appeal is filed from an 
        order granting an interlocutory injunction restraining the 
        enforcement or operation of a State law adopted by referendum 
        or an Act of Congress, the Court of Appeals shall reconsider 
        the merits of granting interlocutory relief applying a de novo 
        standard of review. The Court of Appeals shall dispose of the 
        appeal as expeditiously as possible, but in any event within 
        100 days after the issuance of the original order granting 
        interlocutory relief. If the interlocutory order is upheld on 
        appeal, the interlocutory order shall remain in force no longer 
        than 60 days after the date of the appellate decision or until 
        replaced by a permanent injunction.
    (c) Definitions.--In this section--
            (1) the term ``State'' means each of the several States and 
        the District of Columbia;
            (2) the term ``State law'' means the constitution of a 
        State, or any statute, ordinance, rule, regulation, or other 
        measure of a State that has the force of law, and any amendment 
        thereto; and
            (3) the term ``referendum'' means the submission to popular 
        vote of a measure passed upon or proposed by a legislative body 
        or by popular initiative.
    (d) Effective Date.--This section applies to any injunction that is 
issued on or after the date of the enactment of this Act.

SEC. 3. LIMITATIONS ON REMEDIAL AUTHORITY.

    (a) Termination of Prospective Relief.--
            (1) In general.--In any civil action in which prospective 
        relief is issued which binds State or local officials or in any 
        civil action in which the parties entered a consent judgment 
        binding State or local officials, such relief shall be 
        terminable upon the motion of any party or intervener--
                    (A) 5 years after the date the court granted or 
                approved the prospective relief;
                    (B) 2 years after the date the court has entered an 
                order denying termination of prospective relief under 
                this paragraph; or
                    (C) in the case of an order issued on or before the 
                date of enactment of this Act, 2 years after the date 
                of enactment.
            (2) Limitation.--Prospective relief shall not terminate if 
        the court makes written findings based on the record that 
        prospective relief--
                    (A) remains necessary to correct current and 
                ongoing violation of a Federal right;
                    (B) extends no further than necessary to correct 
                the violation of a Federal right; and
                    (C) is the least intrusive means available to 
                correct the violation of a Federal right.
            (3) Termination and modification authority otherwise 
        unaffected.--Nothing in this section shall prevent any party or 
        intervener from seeking modification or termination before 
        relief is available under paragraph (1), to the extent that 
        modification or termination would otherwise be legally 
        permissible, and nothing in this section shall prevent the 
        parties from agreeing to terminate or modify an injunction 
        before such relief is available under paragraph (1).
            (4) Conformity with other laws.--Nothing in this section 
        shall affect the rules governing prospective relief in any 
        civil action with respect to prison conditions.
            (5) Procedure for motion to terminate.--
                    (A) In general.--The court shall rule promptly on 
                any motion to modify or terminate relief.
                    (B) Automatic termination.--In the event a court 
                does not rule on a motion to terminate filed under 
                paragraph (1) within 60 days, the order or consent 
                judgment binding State or local officials will 
                automatically terminate and be of no further legal 
                force.
    (b) Special Masters.--
            (1) In general.--
                    (A) Appointment.--In any civil action in a Federal 
                court, the Federal court may appoint a special master 
                who shall be disinterested and objective.
                    (B) Remedial phase.--The court shall appoint a 
                special master under this subsection only during the 
                remedial phase of the action and only upon a finding 
                that the remedial phase will be sufficiently complex to 
                warrant the appointment.
            (2) Appointment.--
                    (A) Submission of list.--If the court determines 
                that appointment of a special master is necessary, the 
                court shall request that the defendant (or group of 
                defendants) and the plaintiff (or group of plaintiffs) 
                each submit a list of not more than 5 persons to serve 
                as a special master.
                    (B) Removal.--Each party shall have the opportunity 
                to remove up to 3 persons from the opposing party's 
                list.
                    (C) Selection.--The court shall select the special 
                master from the remaining names on the lists after the 
                operation of subparagraph (B).
            (3) Compensation.--The compensation to be paid to a special 
        master shall be based on an hourly rate not greater than the 
        hourly rate established under section 3006A of title 18, United 
        States Code, for payment of court-appointed counsel, and costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        Judiciary.
            (4) Regular review of appointment.--The court shall review 
        the appointment of the special master every 6 months to 
        determine whether the services of the special master continued 
        to be justified under the standards of paragraph (1).
            (5) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    (A) shall not make any finding or communication ex 
                parte; and
                    (B) may be removed by the judge at any time, but 
                shall be relieved of the appointment upon termination 
                of relief.
    (c) Judicial Taxation Prohibited.--
            (1) In general.--No Federal court shall have the authority 
        to order a unit of Federal, State, or local government to 
        increase taxes as part of a judicial remedy.
            (2) Remedial authority otherwise unaffected.--Nothing in 
        paragraph (1) shall be construed to limit the authority of a 
        Federal court to order a remedy that may lead a unit of local 
        or State government to decide to increase taxes.
    (d) State Court Remedies Unaffected.--Nothing in this section shall 
limit the remedial authority of State courts in any case, including 
cases raising issues of Federal law.

SEC. 4. INTERLOCUTORY APPEALS OF COURT ORDERS RELATING TO CLASS 
              ACTIONS.

    (a) Interlocutory Appeals.--Section 1292(b) of title 28, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2) The court of appeals which would have jurisdiction over a 
final order in an action may, in its discretion, permit an appeal from 
an order of a district court granting or denying class action 
certification made to it within 10 days after the entry of the order. 
An appeal under this paragraph shall not stay proceedings in the 
district court unless the district judge or the court of appeals or a 
judge thereof shall so order.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to any action commenced on or after the date of enactment of this Act.

SEC. 5. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS.

    (a) Basis of Jurisdiction.--
            (1) In general.--Chapter 85 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 1369. Multiparty, multiforum jurisdiction
    ``(a) The district courts shall have original jurisdiction of any 
civil action involving minimal diversity between adverse parties that 
arises from a single accident, where at least 25 natural persons have 
either died or incurred injury in the accident at a discrete location 
and, in the case of injury, the injury has resulted in damages which 
exceed $50,000 per person, exclusive of interest and costs, if--
            ``(1) a defendant resides in a State and a substantial part 
        of the accident took place in another State or other location, 
        regardless of whether that defendant is also a resident of the 
        State where a substantial part of the accident took place;
            ``(2) any 2 defendants reside in different States, 
        regardless of whether such defendants are also residents of the 
        same State or States; or
            ``(3) substantial parts of the accident took place in 
        different States.
    ``(b) For purposes of this section--
            ``(1) minimal diversity exists between adverse parties if 
        any party is a citizen of a State and any adverse party is a 
        citizen of another State, a citizen or subject of a foreign 
        state, or a foreign state as defined in section 1603(a);
            ``(2) a corporation is deemed to be a citizen of any State, 
        and a citizen or subject of any foreign state, in which it is 
        incorporated or has its principal place of business, and is 
        deemed to be a resident of any State in which it is 
        incorporated or licensed to do business or is doing business;
            ``(3) the term `injury' means--
                    ``(A) physical harm to a natural person; and
                    ``(B) physical damage to or destruction of tangible 
                property, but only if physical harm described in 
                subparagraph (A) exists;
            ``(4) the term `accident' means a sudden accident, or a 
        natural event culminating in an accident, that results in death 
        or injury incurred at a discrete location by at least 25 
        natural persons; and
            ``(5) the term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and any territory or 
        possession of the United States.
    ``(c) In any action in a district court which is or could have been 
brought, in whole or in part, under this section, any person with a 
claim arising from the accident described in subsection (a) shall be 
permitted to intervene as a party plaintiff in the action, even if that 
person could not have brought an action in a district court as an 
original matter.
    ``(d) A district court in which an action under this section is 
pending shall promptly notify the judicial panel on multidistrict 
litigation of the pendency of the action.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 85 of title 28, United States Code, is 
        amended by adding at the end the following:

``1369. Multiparty, multiforum jurisdiction.''.
    (b) Venue.--Section 1391 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(g) A civil action in which jurisdiction of the district court is 
based upon section 1369 may be brought in any district in which any 
defendant resides or in which a substantial part of the accident giving 
rise to the action took place.''.
    (c) Multidistrict Litigation.--Section 1407 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(i)(1) In actions transferred under this section when 
jurisdiction is or could have been based, in whole or in part, on 
section 1369, the transferee district court may retain actions so 
transferred for the determination of liability and punitive damages 
notwithstanding any other provision of this section. An action retained 
for the determination of liability shall be remanded to the district 
court from which the action was transferred, or to the State court from 
which the action was removed, for the determination of damages, other 
than punitive damages, unless the court finds, for the convenience of 
parties and witnesses and in the interest of justice, that the action 
should be retained for the determination of damages.
    ``(2) Any remand under paragraph (1) shall not be effective until 
60 days after the transferee court has issued an order determining 
liability and has certified its intention to remand some or all of the 
transferred actions for the determination of damages. An appeal with 
respect to the liability determination and the choice of law 
determination of the transferee court may be taken during that 60-day 
period to the court of appeals with appellate jurisdiction over the 
transferee court. In the event a party files such an appeal, the remand 
shall not be effective until the appeal has been finally disposed of. 
Once the remand has become effective, the liability determination and 
the choice of law determination shall not be subject to further review 
by appeal or otherwise.
    ``(3) An appeal with respect to determination of punitive damages 
by the transferee court may be taken, during the 60-day period 
beginning on the date the order making the determination is issued, to 
the court of appeals with jurisdiction over the transferee court.
    ``(4) Any decision under this subsection concerning remand for the 
determination of damages shall not be reviewable by appeal or 
otherwise.
    ``(5) Nothing in this subsection shall restrict the authority of 
the transferee court to transfer or dismiss an action on the ground of 
inconvenient forum.''.
    (d) Removal of Actions.--Section 1441 of title 28, United States 
Code, is amended--
            (1) in subsection (e) by striking ``(e) The court to which 
        such civil action is removed'' and inserting ``(f) The court to 
        which a civil action is removed under this section''; and
            (2) by inserting after subsection (d) the following:
    ``(e)(1)(A) Notwithstanding the provisions of subsection (b), a 
defendant in a civil action in a State court may remove the action to 
the district court of the United States for the district and division 
embracing the place where the action is pending if--
            ``(i) the action could have been brought in a United States 
        district court under section 1369; or
            ``(ii) the defendant is a party to an action which is or 
        could have been brought, in whole or in part, under section 
1369 in a United States district court and arises from the same 
accident as the action in State court, even if the action to be removed 
could not have been brought in a district court as an original matter.
    ``(B) The removal of an action under this subsection shall be made 
in accordance with section 1446, except that a notice of removal may 
also be filed before trial of the action in State court within 30 days 
after the date on which the defendant first becomes a party to an 
action under section 1369 in a United States district court that arises 
from the same accident as the action in State court, or at a later time 
with leave of the district court.
    ``(2) Whenever an action is removed under this subsection and the 
district court to which it is removed or transferred under section 
1407(i) has made a liability determination requiring further 
proceedings as to damages, the district court shall remand the action 
to the State court from which it had been removed for the determination 
of damages, unless the court finds that, for the convenience of parties 
and witnesses and in the interest of justice, the action should be 
retained for the determination of damages.
    ``(3) Any remand under paragraph (2) shall not be effective until 
60 days after the district court has issued an order determining 
liability and has certified its intention to remand the removed action 
for the determination of damages. An appeal with respect to the 
liability determination and the choice of law determination of the 
district court may be taken during that 60-day period to the court of 
appeals with appellate jurisdiction over the district court. In the 
event a party files such an appeal, the remand shall not be effective 
until the final disposition of the appeal. Once the remand has become 
effective, the liability determination and the choice of law 
determination shall not be subject to further review by appeal or 
otherwise.
    ``(4) Any decision under this subsection concerning remand for the 
determination of damages shall not be reviewable by appeal or 
otherwise.
    ``(5) An action removed under this subsection shall be deemed to be 
an action under section 1369 and an action in which jurisdiction is 
based on section 1368 of this title for purposes of this section and 
sections 1407, 1660, 1697, and 1785.
    ``(6) Nothing in this subsection shall restrict the authority of 
the district court to transfer or dismiss an action on the ground of 
inconvenient forum.''.
    (e) Choice of Law.--
            (1) Determination by the court.--Chapter 111 of title 28, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 1660. Choice of law in multiparty, multiforum actions
    ``(a)(1) In an action which is or could have been brought, in whole 
or in part, under section 1369, the district court in which the action 
is brought or to which it is removed shall determine the source of the 
applicable substantive law, except that if an action is transferred to 
another district court, the transferee court shall determine the source 
of the applicable substantive law. In making this determination, a 
district court shall not be bound by the choice of law rules of any 
State, and the factors that the court may consider in choosing the 
applicable law include--
            ``(A) the place of the injury;
            ``(B) the place of the conduct causing the injury;
            ``(C) the principal places of business or domiciles of the 
        parties;
            ``(D) the danger of creating unnecessary incentives for 
        forum shopping; and
            ``(E) whether the choice of law would be reasonably 
        foreseeable to the parties.
    ``(2) The factors set forth in paragraph (1) (A) through (E) shall 
be evaluated according to their relative importance with respect to the 
particular action. If good cause is shown in exceptional cases, 
including constitutional reasons, the court may allow the law of more 
than 1 State to be applied with respect to a party, claim, or other 
element of an action.
    ``(b) The district court making the determination under subsection 
(a) shall enter an order designating the single jurisdiction whose 
substantive law is to be applied in all other actions under section 
1369 arising from the same accident as that giving rise to the action 
in which the determination is made. The substantive law of the 
designated jurisdiction shall be applied to the parties and claims in 
all such actions before the court, and to all other elements of each 
action, except where Federal law applies or the order specifically 
provides for the application of the law of another jurisdiction with 
respect to a party, claim, or other element of an action.
    ``(c) In an action remanded to another district court or a State 
court under section 1407(i)(1) or 1441(e)(2), the district court's 
choice of law under subsection (b) shall continue to apply.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 111 of title 28, United States Code, is 
        amended by adding at the end the following:

``1660. Choice of law in multiparty, multiforum actions.''.
    (f) Service of Process.--
            (1) Other than subpoenas.--
                    (A) In general.--Chapter 113 of title 28, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 1697. Service in multiparty, multiforum actions
    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1369, process, other than subpoenas, may be served 
at any place within the United States, or anywhere outside the United 
States if otherwise permitted by law.''.
                    (B) Conforming amendment.--The table of sections at 
                the beginning of chapter 113 of title 28, United States 
                Code, is amended by adding at the end the following:

``1697. Service in multiparty, multiforum actions.''.
            (2) Service of subpoenas.--
                    (A) In general.--Chapter 117 of title 28, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 1785. Subpoenas in multiparty, multiforum actions
    ``When the jurisdiction of the district court is based in whole or 
in part upon section 1369 of this title, a subpoena for attendance at a 
hearing or trial may, if authorized by the court upon motion for good 
cause shown, and upon such terms and conditions as the court may 
impose, be served at any place within the United States, or anywhere 
outside the United States if otherwise permitted by law.''.
                    (B) Conforming amendment.--The table of sections at 
                the beginning of chapter 117 of title 28, United States 
                Code, is amended by adding at the end the following:

``1785. Subpoenas in multiparty, multiforum actions.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to a civil action if the accident giving rise to the cause of 
action occurred on or after the 90th day after the date of the 
enactment of this Act.

SEC. 6. APPEALS OF MERIT SYSTEMS PROTECTION BOARD.

    (a) Appeals.--Section 7703 of title 5, United States Code, is 
amended--
            (1) in subsection (b)(1), by striking ``30'' and inserting 
        ``60''; and
            (2) in the first sentence of subsection (d), by inserting 
        after ``filing'' the following: ``, within 60 days after the 
        date the Director received notice of the final order or 
        decision of the Board,''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date of enactment of this Act and apply to any 
administrative or judicial proceeding pending on that date or commenced 
on or after that date.

SEC. 7. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

    Section 612 of title 28, United States Code, is amended--
            (1) by striking ``equipment'' each place it appears and 
        inserting ``resources'';
            (2) by striking subsection (f) and redesignating subsequent 
        subsections accordingly;
            (3) in subsection (g), as so redesignated, by striking 
        paragraph (3); and
            (4) in subsection (i), as so redesignated--
                    (A) by striking ``Judiciary'' each place it appears 
                and inserting ``judiciary'';
                    (B) by striking ``subparagraph (c)(1)(B)'' and 
                inserting ``subsection (c)(1)(B)''; and
                    (C) by striking ``under (c)(1)(B)'' and inserting 
                ``under subsection (c)(1)(B)''.

SEC. 8. AUTHORIZATION FOR VOLUNTARY SERVICES.

    Section 677 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c)(1) Notwithstanding section 1342 of title 31, the 
Administrative Assistant, with the approval of the Chief Justice, may 
accept voluntary personal services for the purpose of providing tours 
of the Supreme Court building.
    ``(2) No person may volunteer personal services under this 
subsection unless the person has first agreed, in writing, to waive any 
claim against the United States arising out of or in connection with 
such services, other than a claim under chapter 81 of title 5.
    ``(3) No person volunteering personal services under this 
subsection shall be considered an employee of the United States for any 
purpose other than for purposes of--
            ``(A) chapter 81 of title 5; or
            ``(B) chapter 171 of this title.
    ``(4) In the administration of this subsection, the Administrative 
Assistant shall ensure that the acceptance of personal services shall 
not result in the reduction of pay or displacement of any employee of 
the Supreme Court.''.

SEC. 9. OFFSETTING RECEIPTS.

    For fiscal year 1999 and thereafter, any portion of miscellaneous 
fees collected as prescribed by the Judicial Conference of the United 
States pursuant to sections 1913, 1914(b), 1926(a), 1930(b), and 1932 
of title 28, United States Code, exceeding the amount of such fees in 
effect on September 30, 1998, shall be deposited into the special fund 
of the Treasury established under section 1931 of title 28, United 
States Code.

SEC. 10. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.

    Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990 
(Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note), as amended by 
Public Law 105-53 (111 Stat. 1173), is amended by inserting ``471,'' 
after ``sections''.

SEC. 11. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH.

    (a) Appointment of Disbursing and Certifying Officers.--Chapter 41 
of title 28, United States Code, is amended by adding at the end the 
following:
``Sec. 613. Disbursing and certifying officers
    ``(a)(1) The Director may designate in writing officers and 
employees of the judicial branch of the Government, including the 
courts as defined in section 610 other than the Supreme Court, to be 
disbursing officers in such numbers and locations as the Director 
considers necessary.
    ``(2) Disbursing officers shall--
            ``(A) disburse moneys appropriated to the judicial branch 
        and other funds only in strict accordance with payment requests 
        certified by the Director or in accordance with subsection (b);
            ``(B) examine payment requests as necessary to ascertain 
        whether such requests are in proper form, certified, and 
        approved; and
            ``(C) be held accountable for their actions as provided by 
        law, except that such a disbursing officer shall not be held 
        accountable or responsible for any illegal, improper, or 
        incorrect payment resulting from any false, inaccurate, or 
        misleading certificate for which a certifying officer is 
        responsible under subsection (b).
    ``(b)(1)(A) The Director may designate in writing officers and 
employees of the judicial branch of the Government, including the 
courts as defined in section 610 other than the Supreme Court, to 
certify payment requests payable from appropriations and funds.
    ``(B) Certifying officers shall be responsible and accountable 
for--
            ``(i) the existence and correctness of the facts recited in 
        the certificate or other request for payment or its supporting 
        papers;
            ``(ii) the legality of the proposed payment under the 
        appropriation or fund involved; and
            ``(iii) the correctness of the computations of certified 
        payment requests.
    ``(2) The liability of a certifying officer shall be enforced in 
the same manner and to the same extent as provided by law with respect 
to the enforcement of the liability of disbursing and other accountable 
officers. A certifying officer shall be required to make restitution to 
the United States for the amount of any illegal, improper, or incorrect 
payment resulting from any false, inaccurate, or misleading 
certificates made by the certifying officer, as well as for any payment 
prohibited by law or which did not represent a legal obligation under 
the appropriation or fund involved.
    ``(c) A certifying or disbursing officer--
            ``(1) has the right to apply for and obtain a decision by 
        the Comptroller General on any question of law involved in a 
        payment request presented for certification; and
            ``(2) is entitled to relief from liability arising under 
        this section in accordance with title 31.
    ``(d) Nothing in this section affects the authority of the courts 
with respect to moneys deposited with the courts under chapter 129.''.
    (b) Conforming Amendment.--The table of sections for chapter 41 of 
title 28, United States Code, is amended by adding at the end the 
following:

``613. Disbursing and certifying officers.''.
    (c) Duties of Director.--Paragraph (8) of subsection (a) of section 
604 of title 28, United States Code, is amended to read as follows:
            ``(8) Disburse appropriations and other funds for the 
        maintenance and operation of the courts;''.

SEC. 12. LIMITATION ON COLLATERAL RELIEF.

    (a) In General.--No writ of habeas corpus or other post-conviction 
remedy under section 2241, 2244, 2254, or 2255 of title 28, United 
States Code, or any other provision of Federal law, shall lie to 
challenge the custody or sentence of a person on the ground that the 
custody or sentence of the person is the result in whole or in part of 
the voluntarily given confession of the person.
    (b) Determinations Regarding Post-Conviction Remedies.--For 
purposes of subsection (a), in determining whether any post-conviction 
remedy lies under any provision of law described in subsection (a), as 
well as in determining whether any such remedy should be granted--
            (1) the court shall apply the standards set forth in 
        section 3501(b) of title 18, United States Code; and
            (2) in applying the standards described in paragraph (1) in 
        any case seeking a post-conviction remedy from a State court 
        conviction, the court shall apply the standards set forth in 
        section 2254(d) of title 28, United States Code.
    (c) Definition of Confession.--In this section, the term 
``confession'' has the same meaning as in section 3501(e) of title 18, 
United States Code.
    (d) No Effect on Other Law.--Nothing in this section shall be 
construed to modify or otherwise affect any requirement under Federal 
law relating to the obtaining or granting of post-conviction relief.

SEC. 13. LAURIE SHOW VICTIM PROTECTION.

    Section 2254 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(j) No Federal court shall specifically bar the retrial in State 
court of a person filing the writ of habeas corpus.''.

SEC. 14. RULE OF CONSTRUCTION RELATING TO RETROACTIVE APPLICATION OF 
              STATUTES.

    (a) In General.--Chapter 1 of title 1, United States Code, is 
amended by adding at the end the following:
``Sec. 8. Rules for determining the retroactive effect of legislation
    ``(a) Any Act of Congress enacted after the effective date of this 
section shall be prospective in application only unless a provision 
included in the Act expressly specifies otherwise.
    ``(b) In applying this section, a court shall determine the 
relevant retroactivity event in an Act of Congress (if such event is 
not specified in such Act) for purposes of determining if the Act--
            ``(1) is prospective in application only; or
            ``(2) affects conduct that occurred before the effective 
        date of the Act.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 1, United States Code, is amended by adding after 
the item relating to section 7 the following:

``8. Rules for determining retroactive effect of legislation.''.

SEC. 15. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) Transfer and Redesignation.--Section 3626 of title 18, United 
States Code, is--
            (1) transferred to the Civil Rights of Institutionalized 
        Persons Act (42 U.S.C. 1997 et seq.);
            (2) redesignated as section 13 of that Act; and
            (3) inserted after section 12 of that Act (42 U.S.C. 
        1997j).
    (b) Amendments.--Section 13 of the Civil Rights of 
Institutionalized Persons Act, as redesignated by subsection (a) of 
this section, is amended--
            (1) in subsection (b)(3), by adding at the end the 
        following: ``Noncompliance with an order for prospective relief 
        by any party, including the party seeking termination of that 
        order, shall not constitute grounds for refusal to terminate 
        the prospective relief, if the party's noncompliance does not 
        constitute a current and ongoing violation of a Federal 
        right.'';
            (2) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (3) by inserting after subsection (d) the following:
    ``(e) Procedure for Entering Prospective Relief.--
            ``(1) In general.--In any civil action with respect to 
        prison conditions, a court entering an order for prospective 
        relief shall enter written findings specifying--
                    ``(A) the Federal right the court finds to have 
                been violated;
                    ``(B) the facts establishing that violation;
                    ``(C) the particular plaintiff or plaintiffs who 
                suffered actual injury caused by that violation;
                    ``(D) the actions of each defendant that warrant 
                and require the entry of prospective relief against 
                that defendant;
                    ``(E) the reasons for which, in the absence of 
                prospective relief, each defendant as to whom the 
                relief is being entered will not take adequate measures 
                to correct the violation of the Federal right;
                    ``(F) the reasons for which no more narrowly drawn 
                or less intrusive prospective relief would correct the 
                current and ongoing violation of the Federal right; and
                    ``(G) the estimated impact of the prospective 
                relief on public safety and the operation of any 
                affected criminal justice system.
            ``(2) Conflict with state law.--If the prospective relief 
        ordered in any civil action with respect to prison conditions 
        requires or permits a government official to exceed his or her 
        authority under State or local law or otherwise violates State 
        law, the court shall, in addition to the findings required 
        under paragraph (1), enter findings regarding the reasons for 
        which--
                    ``(A) Federal law requires such relief to be 
                ordered in violation of State or local law;
                    ``(B) the specific relief is necessary to correct 
                the violation of a Federal right; and
                    ``(C) no other relief will correct the violation of 
                the Federal right.'';
            (4) in subsection (f), as redesignated--
                    (A) in paragraph (3), in the first sentence, by 
                inserting before the period at the end of the sentence 
                the following: ``, including that the case requires the 
                determination of complex or novel questions of law, or 
                that the court plans to order or has ordered a hearing 
                under paragraph (5)(E) or discovery under paragraph 
                (5)(F)''; and
                    (B) by adding at the end the following:
            ``(5) Termination of prospective relief.--
                    ``(A) Contents of answer to motion to terminate.--
                            ``(i) In general.--In the answer to the 
                        motion to terminate prospective relief, the 
                        plaintiff may oppose termination in accordance 
                        with this subparagraph, on the ground that the 
                        prospective relief remains necessary to correct 
                        a current and ongoing violation of a Federal 
                        right.
                            ``(ii) Relief entered before enactment of 
                        prison litigation reform act.--If the 
                        prospective relief sought to be terminated was 
                        entered before the date of enactment of the 
                        Prison Litigation Reform Act, the answer 
                        opposing termination under clause (i) shall 
                        allege--
                                    ``(I) the specific Federal right 
                                alleged to be the object of a current 
                                violation;
                                    ``(II) specific facts that, if 
                                true, would establish that current 
                                violation;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation; 

                                    ``(IV) the actions of each named 
                                defendant that constitute that 
                                violation of the particular plaintiff's 
                                or plaintiffs' right;
                                    ``(V)(aa) the portion of the 
                                complaint or amended complaint filed 
                                prior to the original entry of the 
                                prospective relief sought to be 
                                retained that alleged the violation of 
                                that Federal right;
                                    ``(bb) the portion of the court 
                                order originally ordering the 
                                prospective relief that found the 
                                violation of that Federal right; or
                                    ``(cc) both the materials specified 
                                in items (aa) and (bb), if the 
                                violation of right was both alleged and 
                                established;
                                    ``(VI) the manner in which the 
                                current and ongoing violation can be 
                                remedied by maintaining the existing 
                                prospective relief; and
                                    ``(VII) the reasons for which, in 
                                the absence of prospective relief, each 
                                defendant as to whom the relief would 
                                be maintained would not take adequate 
                                measures to correct the violation of 
                                the Federal right.
                            ``(iii) Relief entered after enactment of 
                        prison litigation reform act.--If the 
                        prospective relief was entered after the date 
                        of enactment of the Prison Litigation Reform 
                        Act, the answer opposing termination under 
                        clause (i) shall allege--
                                    ``(I) the specific Federal right 
                                alleged to be the object of a current 
                                violation;
                                    ``(II) specific facts that, if 
                                true, would establish that current 
                                violation;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation;
                                    ``(IV) the current actions of each 
                                named defendant that constitute that 
                                violation of the particular plaintiff's 
                                or plaintiffs' right;
                                    ``(V) the findings required by 
                                subsection (e) made by the court at the 
                                time of the original entry of the 
                                prospective relief that established 
                                that the right had been violated and 
                                that the prospective relief was 
                                necessary to correct the violation;
                                    ``(VI) the manner in which the 
                                current and ongoing violation can be 
                                remedied by maintaining the existing 
                                prospective relief; and
                                    ``(VII) the reasons for which, in 
                                the absence of prospective relief, each 
                                defendant as to whom the relief would 
                                be maintained would not take adequate 
                                measures to correct the violation of 
                                the Federal right.
                            ``(iv) The answer shall be accompanied by 
                        affidavits, references to the record, and any 
                        other materials on which the plaintiff relies 
                        to support the allegations required to be 
                        contained in the answer under clause (ii) or 
                        (iii).
                    ``(B) Contents of response to answer.--
                            ``(i) In general.--If the defendant 
                        disputes plaintiff's factual allegations, 
                        defendant shall file a response to the answer 
                        setting forth the factual allegations the 
                        defendant challenges.
                            ``(ii) Additional requirements.--In any 
                        case where the defendant seeks termination of 
                        the relief on the ground that it is not 
                        narrowly tailored, overly intrusive, or poses 
                        too great a burden on public safety or the 
                        operation of a criminal justice system, or that 
                        it requires the defendant to violate State or 
local law without meeting the requirements of subsection (a)(1)(B)--
                                    ``(I) the defendant shall set forth 
                                the factual basis for these claims in 
                                its response; and
                                    ``(II) the defendant shall also set 
                                forth alternative relief that would 
                                correct the violation of the Federal 
                                right and that is more narrowly 
                                tailored, less intrusive, less 
                                burdensome to public safety or the 
                                operation of the affected criminal 
                                justice system, or does not require a 
                                violation of State or local law.
                            ``(iii) Supporting documentation.--The 
                        defendant's response shall be accompanied by 
                        affidavits, references to the record, and any 
                        other materials on which the defendant relies 
                        to support its challenge to the plaintiff's 
                        factual allegations or the factual basis for 
                        its claims regarding the propriety or scope of 
                        the relief.
                    ``(C) Burden of persuasion.--The plaintiff shall 
                have the burden of persuasion with respect to each 
                point required to be contained in the answer. The 
                defendant shall have the burden of persuasion with 
                respect to whether the relief extends further than 
                necessary to correct the violation of the Federal 
                right, is not narrowly drawn nor the least intrusive 
                means to correct the violation of the Federal right, 
                excessively burdens public safety or the operation of a 
                prison system, or requires the defendant to violate 
                State or local law without meeting the requirements of 
                subsection (a)(1)(B).
                    ``(D) Summary determination.--The court shall grant 
                the motion to terminate if the plaintiff's answer fails 
                to satisfy the requirements of subparagraph (A) or if 
                the materials accompanying the plaintiff's answer 
                together with the materials accompanying the 
                defendant's response fail to carry the plaintiff's 
                burden of persuasion or fail to create a genuine issue 
                of material fact regarding whether the relief should be 
                maintained.
                    ``(E) Evidentiary hearing.--If the court determines 
                that there is a genuine issue of material fact that 
                precludes it from making a summary determination 
                concerning the motion on the basis of the materials 
                filed by the parties, the court may conduct a limited 
                evidentiary hearing to resolve any disputed material 
                facts identified by the court.
                    ``(F) Discovery.--If the court determines that the 
                plaintiff's answer meets the requirements of paragraph 
                (5)(A), that there are genuine issues of material fact 
                that preclude it from making a summary determination 
                concerning the motion based on the material filed by 
                the parties, and that discovery would assist in 
                resolving these issues, the court may permit limited, 
                narrowly tailored, and expeditious discovery relating 
                to the disputed material facts identified by the court.
                    ``(G) Findings.--
                            ``(i) In general.--If the court denies the 
                        motion to terminate prospective relief, the 
                        court shall enter written findings specifying--
                                    ``(I) the Federal right the court 
                                finds to be currently violated;
                                    ``(II) the facts establishing that 
                                the violation is continuing to occur;
                                    ``(III) the particular plaintiff or 
                                plaintiffs who are currently suffering 
                                actual injury caused by that violation;
                                    ``(IV) the actions of each 
                                defendant that warrant and require the 
                                continuation of the prospective relief 
                                against that defendant;
                                    ``(V) the reasons for which, in the 
                                absence of continued prospective 
                                relief, each defendant as to whom the 
                                relief is continued will not take 
                                adequate measures to correct the 
                                violation of the Federal right;
                                    ``(VI) the reasons for which no 
                                more narrowly drawn on less intrusive 
                                prospective relief would correct the 
                                current and ongoing violation of the 
                                Federal right;
                                    ``(VII) the impact of the 
                                prospective relief on public safety and 
                                the operation of any affected criminal 
                                justice system; and
                                    ``(VIII) if the prospective relief 
                                requires the defendant to violate State 
                                or local law, the reasons for which--
                                            ``(aa) Federal law requires 
                                        the continuation of relief that 
                                        violates State or local law;
                                            ``(bb) the specific relief 
                                        is necessary to correct the 
                                        violation of a Federal right; 
                                        and
                                            ``(cc) no other relief will 
                                        correct the violation of the 
                                        Federal right.
                            ``(ii) Requirements for motions ordered 
                        before enactment of prison litigation reform 
                        act.--In the case of a motion to terminate 
                        prospective relief entered before the date of 
                        enactment of the Prison Litigation Reform Act, 
                        in addition to the requirements of clause (i), 
                        the court's written findings shall also 
                        specify--
                                    ``(I)(aa) the portion of the 
                                complaint or amended complaint that 
                                previously alleged that violation of 
                                Federal right;
                                    ``(bb) the findings the court made 
                                at the time it originally entered the 
                                prospective relief concerning that 
                                violation of Federal right; or
                                    ``(cc) both the findings specified 
                                in items (aa) and (bb), if the 
                                violation was originally both alleged 
                                and established; and
                                    ``(II) the prospective relief 
                                previously ordered to remedy that 
                                violation.
                            ``(iii) Requirements for motions ordered 
                        after enactment of prison litigation reform 
                        act.--In the case of a motion to terminate 
                        prospective relief originally ordered after the 
                        date of enactment of the Prison Litigation 
                        Reform Act, in addition to the requirements of 
                        clause (i), the court shall also enter written 
                        findings specifying--
                                    ``(I) the findings required by 
                                subsection (e) made by the court at the 
                                time the relief was originally entered 
                                establishing that violation of Federal 
                                right; and
                                    ``(II) the prospective relief 
                                previously ordered to remedy that 
                                violation.'';
            (5) in subsection (g), as redesignated--
                    (A) by striking the subsection designation and 
                heading and inserting the following:
    ``(g) Special Masters for Civil Actions With Respect to Prison 
Conditions.--'';
                    (B) in paragraph (1)(B), by striking ``under this 
                subsection'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``institution''; and
                            (ii) by adding at the end the following:
            ``(D) Applicability.--
                    ``(i) In general.--This paragraph shall not apply 
                to any special master appointed before the date of 
                enactment of the Prison Litigation Reform Act, unless 
                their original appointment expires on or after that 
                date of enactment.
                    ``(ii) Special masters covered.--This paragraph 
                applies to all special masters appointed or reappointed 
                after the date of enactment of the Prison Litigation 
                Reform Act, regardless of the cause of the expiration 
                of any initial appointment.'';
                    (D) in paragraph (3), by striking ``under this 
                subsection'';
                    (E) in paragraph (4)--
                            (i) by striking ``under this section'';
                            (ii) by inserting ``(A)'' after ``(4)'';
                            (iii) in subparagraph (A), as so 
                        designated, by adding at the end the following: 
                        ``In no event shall a court require a party to 
                        pay the compensation, expenses, or costs of the 
                        special master. Notwithstanding any other 
                        provision of law (including section 306 of the 
                        Act entitled `An Act making appropriations for 
                        the Departments of Commerce, Justice, and 
                        State, the Judiciary, and related agencies for 
                        the fiscal year ending September 30, 1997,' 
                        contained in section 101(a) of title I of 
                        division A of the Act entitled `An Act making 
                        omnibus consolidated appropriations for the 
                        fiscal year ending September 30, 1997' (110 
                        Stat. 3009201)) and except as provided in 
                        subparagraph (B), the requirement under the 
                        preceding sentence shall apply to the 
                        compensation and payment of expenses or costs 
                        of a special master for any action that is 
                        commenced before, on, or after the date of 
                        enactment of the Prison Litigation Reform 
                        Act.''; and
                            (iv) by adding at the end the following:
                    ``(B) The payment requirements under subparagraph 
                (A) shall not apply to the payment of a special master 
                who was appointed before the date of enactment of the 
                Prison Litigation Reform Act (110 Stat. 1321165 et 
                seq.) of compensation, expenses, or costs relating to 
                activities of the special master under this subsection 
                that were carried out during the period beginning on 
                the date of enactment of the Prison Litigation Reform 
                Act and ending on the date of enactment of this 
                subparagraph.'';
                    (F) in paragraph (5), by striking from ``In any 
                civil action'' and all that follows through 
                ``subsection, the'' and inserting ``The''; and
                    (G) in paragraph (6)--
                            (i) by striking ``appointed under this 
                        subsection'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) may be authorized by a court to conduct 
                hearings on the record, and shall make any findings 
                based on the record as a whole;'';
                            (iii) in subparagraph (B), by striking 
                        ``communications;'' and inserting ``engage in 
                        any communications ex parte; and''; and
                            (iv) by striking subparagraph (C) and 
                        redesignating subparagraph (D) as subparagraph 
                        (C); and
            (6) in subsection (h), as redesignated--
                    (A) in paragraph (1), by striking ``settlements'' 
                and inserting ``settlement agreements'';
                    (B) in paragraph (3)--
                            (i) by inserting ``Federal, State, local, 
                        or other'' before ``facility'';
                            (ii) by striking ``violations'' and 
                        inserting ``a violation'';
                            (iii) by striking ``terms and conditions'' 
                        and inserting ``terms or conditions''; and
                            (iv) by inserting ``or other post-
                        conviction conditional or supervised release,'' 
                        after ``probation,'';
                    (C) in paragraph (5), by striking ``or local 
                facility'' and inserting ``local, or other facility'';
                    (D) in paragraph (8) by striking ``inherent'';
                    (E) in paragraph (9), by striking the period at the 
                end and inserting a semicolon;
                    (F) by adding at the end the following:
            ``(10) the term `violation of a Federal right'--
                    ``(A) means a violation of a Federal constitutional 
                or Federal statutory right;
                    ``(B) does not include a violation of a court order 
                that is not independently a violation of a Federal 
                statutory or Federal constitutional right; and
                    ``(C) shall not be interpreted to expand the 
                authority of any individual or class to enforce the 
                legal rights that individual or class may have pursuant 
                to existing law with regard to institutionalized 
                persons, or to expand the authority of the United 
                States to enforce those rights on behalf of any 
                individual or class.''; and
                    (G) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (8), respectively, and inserting 
                paragraph (9), as redesignated, after paragraph (8), as 
                redesignated.
    (c) Technical Amendment.--The table of sections at the beginning of 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by striking the item relating to section 3626.

SEC. 16. LIMITATION ON FEES.

    Section 7 of the Civil Rights of Institutionalized Persons Act (42 
U.S.C. 1997e) is amended--
            (1) in subsection (d)--
                    (A) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) the fee was directly and reasonably incurred 
                in--
                            ``(i) proving an actual violation of the 
                        plaintiff's Federal rights that resulted in an 
                        order for relief;
                            ``(ii) successfully obtaining contempt 
                        sanctions for a violation of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 13, if the plaintiff made a 
                        good faith effort to resolve the matter without 
                        court action; or
                            ``(iii) successfully obtaining court 
                        ordered enforcement of previously ordered 
                        prospective relief that meets the standards set 
                        forth in section 13, if the enforcement order 
                        was necessary to prevent an imminent risk of 
                        serious bodily injury to the plaintiff and the 
                        plaintiff made a good faith attempt to resolve 
                        the matter without court action; and
                    ``(B) the amount of the fee is proportionately 
                related to the court ordered relief for the 
                violation.'';
                    (B) in paragraph (2), by striking the last sentence 
                and inserting ``If a monetary judgment is the sole or 
                principal relief awarded, the award of attorney's fees 
                shall not exceed 100 percent of the judgment.'';
                    (C) in paragraph (3)--
                            (i) by striking ``greater than 150 
                        percent'' and inserting ``greater than the 
                        lesser of--
                    ``(A) 100 percent''; and
                            (ii) by striking ``counsel.'' and inserting 
                        ``counsel; or
                    ``(B) a rate of $100 per hour.''; and
                    (D) in paragraph (4), by striking ``prisoner'' and 
                inserting ``plaintiff'';
            (2) in subsection (e), by striking ``Federal civil action'' 
        and inserting ``civil action arising under Federal law'' and by 
        striking ``prisoner confined in a jail, prison, or other 
        correctional facility'' and inserting ``prisoner who is or has 
        been confined in any prison'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``action brought 
                with respect to prison conditions'' and inserting 
                ``civil action with respect to prison conditions 
                brought'' and by striking ``jail, prison, or other 
                correctional facility'' and inserting ``prison''; and
                    (B) in paragraph (2), by striking ``facility'' and 
                inserting ``prison''; and
            (4) by striking subsections (g) and (h) and inserting the 
        following:
    ``(g) Waiver of Response.--Any defendant may waive the right to 
respond to any complaint in any civil action arising under Federal law 
brought by a prisoner. Notwithstanding any other law or rule of 
procedure, such waiver shall not constitute an admission of the 
allegations contained in the complaint or waive any affirmative defense 
available to the defendant. No relief shall be granted to the plaintiff 
unless a response has been filed. The court may direct any defendant to 
file a response to the cognizable claims identified by the court. The 
court shall specify as to each named defendant the applicable 
cognizable claims.
    ``(h) Definitions.--In this section, the terms `civil action with 
respect to prison conditions', `prison', and `prisoner' have the 
meanings given the terms in section 13(h).''.

SEC. 17. NOTICE OF MALICIOUS FILINGS.

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended--
            (1) in section 1915A(c)--
                    (A) by striking ``(c) Definition.--As used in this 
                section'' and inserting the following:
``Sec. 1915C. Definition
    ``In sections 1915A and 1915B'';
                    (B) by inserting ``Federal, State, local, or 
                other'' before ``facility'';
                    (C) by striking ``violations'' and inserting ``a 
                violation'';
                    (D) by striking ``terms and conditions'' and 
                inserting ``terms or conditions''; and
                    (E) by inserting ``or other post-conviction 
                conditional or supervised release,'' after 
                ``probation,''; and
            (2) by inserting after section 1915A the following:
``Sec. 1915B. Notice to State authorities of finding of malicious 
              filing by a prisoner
    ``(a) Finding.--In any civil action brought in Federal court by a 
prisoner (other than a prisoner confined in a Federal correctional 
facility), the court may, on its own motion or the motion of any 
adverse party, make a finding whether--
            ``(1) the claim was filed for a malicious purpose;
            ``(2) the claim was filed to harass the party against which 
        it was filed; or
            ``(3) the claimant testified falsely or otherwise knowingly 
        presented false allegations, pleadings, evidence, or 
        information to the court.
    ``(b) Transmission of Finding.--The court shall transmit to the 
State Department of Corrections or other appropriate authority any 
affirmative finding under subsection (a). If the court makes such a 
finding, the Department of Corrections or other appropriate authority 
may, pursuant to State or local law--
            ``(1) revoke such amount of good time credit or the 
        institutional equivalent accrued to the prisoner as is deemed 
        appropriate; or
            ``(2) consider such finding in determining whether the 
        prisoner should be released from prison under any other State 
        or local program governing the release of prisoners, including 
        parole, probation, other post-conviction or supervised release, 
        or diversionary program.''.
    (b) Technical Amendment.--The table of sections at the beginning of 
chapter 123 of title 28, United States Code, is amended by inserting 
after the item relating to section 1915A the following:

``1915B. Notice to State authorities of finding of malicious filing by 
                            prisoner.
``1915C. Definition.''.

SEC. 18. LIMITATION ON PRISONER RELEASE ORDERS.

    (a) In General.--
            (1) Amendment to title 28.--Chapter 99 of title 28, United 
        States Code, is amended by adding at the end the following:
``Sec. 1632. Limitation on prisoner release orders
    ``(a) In General.--Notwithstanding section 13 of the Civil Rights 
of Institutionalized Persons Act or any other provision of law, in a 
civil action with respect to prison conditions, no court of the United 
States or other court defined under section 610 shall have jurisdiction 
to enter or carry out any prisoner release order that would result in 
the release from or nonadmission to a prison, on the basis of prison 
conditions, of any person subject to incarceration, detention, or 
admission to a facility because of--
            ``(1) a conviction of a felony under the laws of the 
        relevant jurisdiction; or
            ``(2) a violation of the terms or conditions of parole, 
        probation, pretrial release, or a diversionary program, 
        relating to the commission of a felony under the laws of the 
        relevant jurisdiction.
    ``(b) Definitions.--In this section--
            ``(1) the terms `civil action with respect to prison 
        conditions', `prisoner', `prisoner release order', and `prison' 
        have the meanings given those terms in section 13(h) of the 
        Civil Rights of Institutionalized Persons Act; and
            ``(2) the term `prison conditions' means conditions of 
        confinement or the effects of actions by government officials 
        on the lives of persons confined in prison.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 99 of title 28, United States Code, is amended by 
        adding at the end the following:

``1632. Limitation on prisoner release orders.''.
    (b) Amendment to Title 18.--Section 3624(b) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by striking the fifth sentence and 
        inserting the following: ``Credit that has not been earned may 
        not later be granted, and credit that has been revoked pursuant 
        to section 3624A may not later be reinstated.''; and
            (2) in paragraph (2), by inserting before the period at the 
        end the following: ``, and may be revoked by the Bureau of 
        Prisons for noncompliance with institutional disciplinary 
        regulations at any time before vesting''.

SEC. 19. REPEAL OF SECTION 140.

    Section 140 of the joint resolution entitled ``A Joint Resolution 
making further continuing appropriations for the fiscal year 1982, and 
for other purposes'', approved December 15, 1981 (Public Law 97-92; 95 
Stat. 1200; 28 U.S.C. 461 note) is repealed.

SEC. 20. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
                                 <all>