[Congressional Record Volume 144, Number 45 (Wednesday, April 22, 1998)]
[House]
[Page H2237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

       Under clause 6 of rule XXIII, proposed amendments were 
     submitted as follows:

                               H.R. 1252

                        Offered By: Mr. Aderholt

       Amendment No. 1: Page 8, line 15, insert ``or to disburse 
     any funds to remedy the deprivation of a right under the 
     Constitution,'' after ``tax,''.
       Page 8, line 21, strike ``or assessment'' and insert 
     ``assessment, or disbursement''.
       Page 9, line 1, insert ``or disbursement of funds'' after 
     ``tax'',
       Page 9, line 9, strike ``or assessment'' and insert 
     ``assessment, or disbursement''.
       Page 9, line 10, insert ``or disbursement of funds'' after 
     ``tax''.
       Page 9, line 11, insert ``, or (in the case of a 
     disbursement of funds) of the residents of the State or 
     political subdivision,'' after ``taxpayers''.
       Page 9, line 17, insert ``or disburse any funds to remedy 
     the deprivation of a right under the Constitution'' after 
     ``tax''.
       Page 9, line 20, insert ``or disburse any funds to remedy 
     the deprivation of a right under the Constitution after 
     ``tax''.
       Page 10, line 7, insert after ``tax,'' the following: ``and 
     any person or entity that is a resident of the State or 
     political subdivision that would be required to disburse 
     funds under paragraph (1) shall have the right to intervene 
     in any proceeding concerning such disbursement,''.
       Page 10, line 16, insert ``, or disburse the funds,'' after 
     ``tax''.
       Page 10, line 21, insert ``, or the disbursement of 
     funds,'' after ``tax''.
       Page 10, line 25, insert ``or the disbursement of funds, as 
     the case maybe'' after ``tax''.
       Page 11, line 10, insert ``, or a disbursement of funds 
     that is made,'' after ``imposed''.

                               H.R. 1252

                        Offered By: Mr. Campbell

       Amendment No. 2: Page 9, line 5, add ``and'' after the 
     semicolon.
       Page 9, line 9, strike ``; and'' and insert a period.
       Page 9, strike lines 10 through 12.

                               H.R. 1252

                        Offered By: Mr. Delahunt

       Amendment No. 3: Page 9, strike lines 13 through 20 and 
     insert the following:
       ``(2) The limitation contained in paragraph (1) shall apply 
     only to any order or settlement which expressly directs any 
     State, or political subdivision of a State, to impose, 
     increase, levy, or assess any tax.
       Redesignate succeeding paragraphs accordingly.

                               H.R. 1252

                         Offered by: Mr. Delay

       Amendment No. 4: Add the following at the end:

     SEC. 12. LIMITATION ON PRISONER RELEASE ORDERS.

       (a) In General.--Chapter 99 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1632. Limitation on prisoner release orders

       ``(a) Limitation.--Notwithstanding section 3626(a)(3) of 
     title 18 or any other provision of law, in a civil action 
     with respect to prison conditions, no court of the United 
     States or other court listed in 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 a conviction of a felony under the laws 
     of the relevant jurisdiction, or 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.--As used 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 
     3626(g) of title 18; 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.
       (b) Conforming Amendment.--The table of sections for 
     chapter 99 of title 28, United States Code, is amended by 
     adding at the end the following new item:

``1632. Limitation on prisoner release orders.''.
       (c) Consent Decrees.--
       (1) Termination of existing consent decrees.--Any consent 
     decree that was entered into before the date of the enactment 
     of the Prison Litigation Reform Act of 1995, that is in 
     effect on the day before the date of the enactment of this 
     Act, and that provides for remedies relating to prison 
     conditions shall cease to be effective on the date of the 
     enactment of this Act.
       (2) Definitions.--As used in this subsection--
       (A) the term ``consent decree'' has the meaning given that 
     term in section 3626(g) of title 18, United States Code; and
       (B) the term ``prison conditions'' has the meaning given 
     that term in section 1632(c) of title 28, United States Code, 
     as added by subsection (a) of this section.

                               H.R. 1252

                         Offered By: Mr. Rogan

       Amendment No. 5: Strike section 6 and redesignate 
     succeeding sections, and references thereto, accordingly.