[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5134 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 5134
To protect victims of crime.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 1994
Mr. Santorum (for himself, Ms. Pryce of Ohio, Mr. Canady, Mr. Clinger,
Mr. Weldon, Mr. Boehner, Mr. Armey, Mr. Ridge, Ms. Molinari, Mr. Kyl,
Mr. DeLay, Mr. Cunningham, Mr. Livingston, Mr. Bachus of Alabama, Mr.
Hunter, Mr. Torkildsen, Mr. Inglis of South Carolina, Mr. Linder, Mr.
Roth, Mr. McCollum, Ms. Dunn, Mr. Duncan, and Mr. Knollenberg)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To protect victims of crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims' Rights Act of 1994''.
TITLE I--ELIMINATING EXCESSIVE AND REDUNDANT APPEALS
SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS
FOLLOWING FINAL JUDGMENT OF A STATE COURT.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following:
``(d) A one-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court. The limitation period shall run from the
latest of the following:
``(1) The time at which State remedies are exhausted.
``(2) The time at which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, where the
applicant was prevented from filing by such State action.
``(3) The time at which the Federal right asserted was
initially recognized by the Supreme Court, where the right has
been newly recognized by the Court and is retroactively
applicable.
``(4) The time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''.
SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF
PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL
COLLATERAL RELIEF PROCEEDINGS.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 of this title before a circuit or district judge, the final order
shall be subject to review, on appeal, by the court of appeals for the
circuit where the proceeding is had.
``(b) There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his detention pending removal proceedings.
``(c) An appeal may not be taken to the court of appeals from the
final order in a habeas corpus proceeding where the detention
complained of arises out of process issued by a State court, or from
the final order in a proceeding under section 2255 of this title,
unless a circuit justice or judge issues a certificate of probable
cause.''.
SEC. 103. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.
Federal Rule of Appellate Procedure 22 is amended to read as
follows:
``RULE 22
``Habeas Corpus and Section 2255 Proceedings
``(a) Application for an Original Writ of Habeas Corpus.--An
application for a writ of habeas corpus shall be made to the
appropriate district court. If application is made to a circuit judge,
the application will ordinarily be transferred to the appropriate
district court. If an application is made to or transferred to the
district court and denied, renewal of the application before a circuit
judge is not favored; the proper remedy is by appeal to the court of
appeals from the order of the district court denying the writ.
``(b) Necessity of Certificate or Probable Cause for Appeal.--In a
habeas corpus proceeding in which the detention complained of arises
out of process issued by a State court, and in a motion proceeding
pursuant to section 2255 of title 28, United States Code, an appeal by
the applicant or movant may not proceed unless a circuit judge issues a
certificate of probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall be deemed
addressed to the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no express request
for a certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of appeals.
If an appeal is taken by a State or the Government or its
representative, a certificate of probable cause is not required.''.
SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICATION DESPITE FAILURE
TO EXHAUST STATE REMEDIES.
Section 2254(b) of title 28, United State Code, is amended to read
as follows:
``(b) An application for a writ of habeas corpus in behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that the applicant has exhausted the
remedies available in the courts of the State, or that there is either
an absence of available State corrective process or the existence of
circumstances rendering such process ineffective to protect the rights
of the applicant. An application may be denied on the merits
notwithstanding the failure of the applicant to exhaust the remedies
available in the courts of the State.''.
SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR
COLLATERAL REMEDY.
Section 2255 of title 28, United States Code, is amended by
striking the second paragraph and the penultimate paragraph thereof,
and by adding at the end the following:
``A two-year period of limitation shall apply to a motion under
this section. The limitation period shall run from the latest of the
following:
``(1) The time at which the judgment of conviction becomes
final.
``(2) The time at which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, where the movant was
prevented from making a motion by such governmental action.
``(3) The time at which the right asserted was initially
recognized by the Supreme Court, where the right has been newly
recognized by the Court and is retroactively applicable.
``(4) The time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''.
SEC. 106. SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL
CASES.
(a) Title 28, United States Code, is amended by inserting the
following new chapter after chapter 153:
``CHAPTER 154--HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling
rules.
``2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
``2260. Certificate of probable cause inapplicable.
``2261. Application to State unitary review procedure.
``2262. Limitation periods for determining petitions.
``2263. Rule of construction.
``Sec. 2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) In General.--This chapter applies to cases arising under
section 2254 brought by prisoners in State custody who are subject to a
capital sentence. It applies only as provided in subsections (b) and
(c).
``(b) Statement Rule.--This chapter applies if a State establishes
by rule of its court of last resort or by statute a mechanism for the
appointment, compensation and payment of reasonable litigation expenses
of competent counsel in State postconviction proceedings brought by
indigent prisoners whose capital convictions and sentences have been
upheld on direct appeal to the court of last resort in the State or
have otherwise become final for State law purposes. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(c) Appointment of Counsel.--Any mechanism for the appointment,
compensation and reimbursement of counsel as provided in subsection (b)
must offer counsel to all State prisoners under capital sentence and
must provide for the entry of an order by a court of record (1)
appointing one or more counsel to represent the prisoner upon a finding
that the prisoner is indigent and accepted the offer or is unable
competently to decide whether to accept or reject the offer; (2)
finding, after a hearing if necessary, that the prisoner rejected the
offer of counsel and made the decision with an understanding of its
legal consequences; or (3) denying the appointment of counsel upon a
finding that the prisoner is not indigent.
``(d) Disqualification for Appointment.--No counsel appointment
pursuant to subsections (b) and (c) to represent a State prisoner under
capital sentence shall have previously represented the prisoner at
trial or on direct appeal in the case for which the appointment is made
unless the prisoner and counsel expressly request continued
representation.
``(e) Limitation on Ground for Relief.--The ineffectiveness or
incompetence of counsel during State or Federal collateral
postconviction proceedings in a capital case shall not be a ground for
relief in a proceeding arising under section 2254. This limitation
shall not preclude the appointment of different counsel, on the court's
own motion or at the request of the prisoner, at any phase of State or
Federal postconviction proceedings on the basis of the ineffectiveness
or incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Stay of Execution.--Upon the entry in the appropriate State
court of record of an order under section 2256(c), a warrant or order
setting an execution date for a State prisoner shall be stayed upon
application to any court that would have jurisdiction over any
proceedings filed under section 2254. The application must recite that
the State has invoked the postconviction review procedures of this
chapter and that the scheduled execution is subject to stay.
``(b) Expiration of Stay.--A stay of execution granted pursuant to
subsection (a) shall expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under section 2254 within the time required in section
2258, or fails to make a timely application for court of
appeals review following the denial of such a petition by a
district court;
``(2) upon completion of district court and court of
appeals review under section 2254 the petition for relief is
denied and (A) the time for filing a petition for certiorari
has expired and no petition has been filed; (B) a timely
petition for certiorari was filed and the Supreme Court denied
the petition; or (C) a timely petition for certiorari was filed
and upon consideration of the case, the Supreme Court disposed
of it in a manner that left the capital sentence undisturbed;
or
``(3) before a court of competent jurisdiction, in the
presence of counsel and after having been advised of the
consequences of his decision, a State prisoner under capital
sentence waives the right to pursue habeas corpus review under
section 2254.
``(c) Limitation on Court Authority.--If one of the conditions in
subsection (b) has occurred, no Federal court thereafter shall have the
authority to enter a stay of execution or grant relief in a capital
case unless--
``(1) the basis for the stay and request for relief is a
claim not previously presented in the State or Federal courts;
``(2) the failure to raise the claim is (A) the result of
State action in violation of the Constitution or laws of the
United States; (B) the result of the Supreme Court recognition
of a new Federal right that is retroactively applicable; or (C)
based on a factual predicate that could not have been
discovered through the exercise of reasonable diligence in time
to present the claim for State or Federal postconviction
review; and
``(3) The facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable fact finder would have
found the petitioner guilty of the underlying offense or
eligible for the death penalty under State law.
``(d) Successive Habeas Stays.--Notwithstanding any other provision
of law, no Federal district court or appellate judge shall have the
authority to enter a stay of execution, issue injunctive relief, or
grant any equitable or other relief in a capital case on any successive
habeas petition (or other action which follows the final determination
of a first habeas corpus petition) unless the court first determines
the petition or other action does not constitute an abuse of the writ.
This determination shall be made only by the district judge or
appellate panel who adjudicated the merits of the original habeas
petition (or to the district judge or appellate panel to which the case
may have been subsequently assigned as a result of the unavailability
of the original court or judges). In the Federal courts of appeal, a
stay may issue pursuant to the terms of this provision only when a
majority of the original panel or majority of the active judges
determines the petition does not constitute an abuse of the writ.
``Sec. 2258. Filing of habeas corpus petition; time requirements;
tolling rules
``Any petition for habeas corpus relief under section 2254 must be
filed in the appropriate district court within one hundred and eighty
days from the filing in the appropriate State court of record of an
order under section 2256(c). The time requirements established by this
section shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) during any period in which a State prisoner under
capital sentence has a properly filed request for
postconviction review pending before a State court of competent
jurisdiction; if all State filing rules are met in a timely
manner, this period shall run continuously from the date that
the State prisoner initially files for postconviction review
until final disposition of the case by the highest court of the
State, but the time requirements established by this section
are not tolled during the pendency of a petition for certiorari
before the Supreme Court except as provided in paragraph (1);
and
``(3) during an additional period not to exceed sixty days,
if (A) a motion for an extension of time is filed in the
Federal district court that would have proper jurisdiction over
the case upon the filing of a habeas corpus petition under
section 2254; and (B) a showing of good cause is made for the
failure to file the habeas corpus petition within the time
period established by this section.
Sec. 2259. Evidentiary hearings; scope of Federal review; district
court adjudication
``(a) Procedure.--Whenever a State prisoner under a capital
sentence files a petition for habeas corpus relief to which this
chapter applies, the district court shall--
``(1) determine the sufficiency of the record for habeas
corpus review based on the claims actually presented and
litigated in the State courts except when the prisoner can show
that the failure to raise or develop a claim in the State
courts is (A) the result of State action in violation of the
Constitution or laws of the United States; (B) the result of
the Supreme Court recognition of a new Federal right that is
retroactively applicable; or (C) based on a factual predicate
that could not have been discovered through the exercise of
reasonable diligence in time to present the claim for State
postconviction review; and
``(2) conduct any requested evidentiary hearing necessary
to complete the record for habeas corpus review.
``(b) Ruling on Claims.--Upon the development of a complete
evidentiary record, the district court shall rule on the claims that
are properly before it.
``Sec. 2260. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in order to
appeal from the district court to the court of appeals does not apply
to habeas corpus cases subject to the provisions of this chapter except
when a second or successive petition is filed.
Sec. 2261. Application to State unitary review procedure
``(a) Definition.--For purposes of this section, a `unitary review'
procedure means a State procedure that authorizes a person under
sentence of death to raise, in the course of direct review of the
judgment, such claims as could be raised on collateral attack. The
provisions of this chapter shall apply, as provided in this section, in
relation to a State unitary review procedure if the State established
by rule of its court of last resort or by statute a mechanism for the
appointment, compensation and payment of reasonable litigation expenses
of competent counsel in the unitary review proceedings, including
expenses relating to the litigation of collateral claims in the
proceedings. The rule of court of statute must provide standards of
competency for the appointment of such counsel.
``(b) Qualification.--A unitary review procedure, to qualify under
this section, must include an offer of counsel following trial for the
purpose of representation on unitary review, and entry of an order, as
provided in section 2256(c), concerning appointment of counsel or
waiver or denial of appointment of counsel for that purpose. No counsel
appointed to represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(c) Effect of Qualification.--Sections 2257, 2258, 2259, 2260,
and 2262 shall apply in relation to cases involving a sentence of death
from any State having a unitary review procedure that qualifies under
this section. References to State `post-conviction review' and `direct
review' in those sections shall be understood as referring to unitary
review under the State procedure. The references in sections 2257(a)
and 2258 to `an order under section 2256(c)' shall be understood as
referring to the post-trial order under subsection (b) concerning
representation in the unitary review proceedings, but if a transcript
of the trial proceedings is unavailable at the time of the filing of
such an order in the appropriate State court, then the start of the one
hundred and eighty day limitation period under section 2258 shall be
deferred until a transcript is made available to the prisoner or his
counsel.
``Sec. 2262. Limitation periods for determining petitions
``(a) In General.--
``(1) A Federal district court shall determine such a
petition or motion within 60 days of any argument heard on an
evidentiary hearing, or where no evidentiary hearing is held,
within 60 days of any final argument heard in the case.
``(2)(A) The court of appeals shall hear and determine any
appeal relating to such a petition or motion within 90 days
after the filing of any reply brief or within 90 days after
such reply brief would be due. For purposes of this provision,
any reply brief shall be due within 14 days of the opposition
brief.
``(B) The court of appeals shall decide any petition for
rehearing and or request by an appropriate judge for rehearing
en banc within 20 days of the filing of such a petition or
request unless a responsive pleading is required in which case
the court of appeals shall decide the application within 20
days of the filing of the responsive pleading. If en banc
consideration is granted, the en banc court shall determine the
appeal within 90 days of the decision to grant such
consideration.
``(3) The time limitations contained in paragraphs (1) and
(2) may be extended only once for 20 days, upon an express good
cause finding by the court that the interests of justice
warrant such a one-time extension. The specific grounds for the
good cause finding shall be set forth in writing in any
extension order of the court.
``(4) Since the matters under paragraphs (1) and (2)(A) are
to be handled on a priority basis, the time from filing of the
petition or motion to final argument (under paragraph (1)) or
of the notice of appeal to the hearing of the appeal (under
paragraph (2)(A)) shall not exceed 4 months, unless exceptional
circumstances require a longer period. Where such time period
exceeds 4 months in any petition or motion (under paragraph
(2)(A)), the court shall set forth in writing the exceptional
circumstances causing the delay.
``(b) Application of Limitation.--The time limitations under
section (a) shall apply to an initial petition or motion, and to any
second or successive petition or motion. The same limitations shall
also apply to the re-determination of a petition or motion or related
appeal following a remand by the court of appeals or the Supreme Court
for further proceedings, and in such case the limitation period shall
run from the date of the remand.
``(c) Construction.--The time limitations under this section shall
not be construed to entitle a petitioner or movant to a stay of
execution, to which the petitioner or movant would otherwise not be
entitled, for the purpose of litigating any petition, motion, or
appeal.
``(d) Effect of Failure.--The failure of a court to meet or comply
with the time limitations under this section shall not be a ground for
granting relief from a judgment of conviction or sentence. The State or
Government may enforce the time limitations under this section by
applying to the court of appeals or the Supreme Court for a writ of
mandamus.
``(e) Report.--The Administrative Office of United States Courts
shall report annually to Congress on the compliance by the courts with
the time limits established in this section.
``Sec. 2263. Rule of construction
``This chapter shall be construed to promote the expeditious
conduct and conclusion of State and Federal court review in capital
cases.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part VI of title 28, United States Code, is amended by inserting after
the item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases.''.
TITLE II--REFORM OF EXCLUSIONARY RULE
SEC. 201. REFORM OF EXCLUSIONARY RULE.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
assured
``(a) Evidence Obtained by Objectively Reasonable Search or
Seizure.--Evidence which is obtained as a result of a search or seizure
shall not be excluded in a proceeding in a court of the United States
on the grounds that the search or seizure was in violation of the
fourth amendment to the Constitution of the United States, if the
search or seizure was carried out in circumstances justifying an
objectively reasonable belief that it was in conformity with the fourth
amendment. The fact that evidence was obtained pursuant to and within
the scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
``(b) Evidence Not Excludable by Statute or Rule.--Evidence shall
not be excluded in a proceeding in a court of the United States on the
ground that it was obtained in violation of a statute, an
administrative rule or regulation, or a rule of procedure unless
exclusion is expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
``(c) Rule of Construction.--This section shall not be construed to
require or authorize the exclusion of evidence in any proceeding.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by adding at
the end the following:
``3510. Admissibility of evidence obtained by search or seizure.''.
TITLE III--PRISONS
SEC. 301. LUXURIES ABOLISHED.
Section 4001(b)(2) of title 18, United States Code, is amended by
adding at the end: ``The Attorney General shall, not later than 120
days from the enactment of this section, implement and enforce
regulations mandating prison work for all able-bodied inmates in
Federal penal and correctional institutions. Such regulations shall
also prohibit the government provision in inmates' cells of television,
radio, telephone stereo or other similar amenities.''.
SEC. 302. PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 4047. Strength-training of prisoners prohibited
``The Bureau of Prisons shall take care that--
``(1) prisoners under its jurisdiction do not engage in any
activities designed to increase both their physical strength
and their fighting ability; and
``(2) that all equipment designed for this purpose be
removed from Federal correctional facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of title 18, United States Code, is amended by adding at
the end the following new item:
``4047. Strength-training of prisoners prohibited.''.
TITLE IV--ENHANCED GUN PENALTIES
SEC. 401. ENHANCED PENALTIES FOR PERSONS CONVICTED OF USING OR CARRYING
A FIREARM DURING AND IN RELATION TO A FELONY.
(a) In General.--Section 924(c) of title 18, United States Code, is
amended to read as follows:
``(c) Whoever, during and in relation to a crime that is a felony
(including a felony which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which he may be prosecuted in a court of the United States, uses or
carries a firearm, shall, in addition to the punishment provided for
such crime, be sentenced to imprisonment for 5 years, and if the
firearm is a short-barreled rifle or short-barreled shotgun, to
imprisonment for 10 years, and if the firearm is a machinegun or
destructive device, or is equipped with a firearm silencer or firearm
muffler, to imprisonment for 30 years. In the case of the 2nd or
subsequent conviction of the person under this subsection, the person
shall be sentenced to life imprisonment without release.
Notwithstanding any other provision of law, a term of imprisonment
imposed under this subsection shall not run concurrently with any other
term of imprisonment including that imposed for the crime in which the
firearm was used or carried.''.
(b) Conforming Amendment.--Section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended by inserting
``(as in effect immediately before the enactment of the Gun Crime
Control Act)'' after ``18'' the 1st place such term appears.
TITLE V--DEATH PENALTY
SEC. 501. FINDING BY JURY.
Section 3593(e) of title 18, United States Code, is amended by
striking ``the jury'' the first place it appears and all that follows
through the end of subsection (e) and inserting the following: ``the
jury, or if there is no jury, the court, shall then consider whether
the aggravating factor or factors found to exist outweigh any
mitigating factors. The jury, or if there is no jury, the court shall
recommend a sentence of death if it unanimously finds at least one
aggravating factor and no mitigating factor or if it finds one or more
aggravating factors which outweigh any mitigating factors. In any other
case, it shall not recommend a sentence of death. The jury shall be
instructed that it must avoid any influence of sympathy, sentiment,
passion, prejudice, or other arbitrary factors in its decision, and
should make such a recommendation as the information warrants. The jury
shall be instructed that its recommendation concerning a sentence of
death is to be based on the aggravating factor or factors and any
mitigating factors which have been found, but that the final decision
concerning the balance of aggravating and mitigating factors is a
matter for the jury's judgment.''.
SEC. 502. CONFORMING AMENDMENT.
Section 3594 of title 18, United States Code, is amended by
striking ``or life imprisonment without possibility of release''.
TITLE VI--CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT
SEC. 601. EXHAUSTION REQUIREMENT.
Section 8 of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e) is amended in subsection (a)--
(1) in paragraph (1)--
(A) by striking ``in any action brought'' and
inserting ``no action shall be brought'';
(B) by striking ``the court shall'' and all that
follows through ``require exhaustion of'' and insert
``until''; and
(C) by inserting ``are exhausted'' after
``available''; and
(2) in paragraph (2), by inserting ``or are otherwise fair
and effective'' before the period at the end.
SEC. 602. FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(a) is amended by adding at the end the following:
``(3) The court shall on its own motion or on motion of a
party dismiss any action brought pursuant to section 1979 of
the Revised Statutes of the United States by an adult convicted
of a crime and confined in any jail, prison, or other
correctional facility if the court is satisfied that the action
fails to state a claim upon which relief can be granted or is
frivolous or malicious.''.
SEC. 603. MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (E) as subparagraphs (A)
through (D), respectively.
SEC. 604. REVIEW AND CERTIFICATION PROCEDURE CHANGES.
Section 8(c) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(c) is amended--
(1) in paragraph (1), by inserting ``or are otherwise fair
and effective'' before the period at the end; and
(2) in paragraph (2), by inserting ``or is no longer fair
and effective'' before the period at the end.
SEC. 605. PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States Code, is
amended--
(1) by inserting ``at any time'' after ``counsel and may'';
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial failing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title 28,
United States Code, is amended by adding at the end the following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section, such
prisoner shall include in that affidavit a statement of all assets such
prisoner possesses. The court shall make inquiry of the correctional
institution in which the prisoner is incarcerated for information
available to that institution relating to the extent of the prisoner's
assets. The court shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
TITLE VII--CONDITIONS OF CONFINEMENT
SEC. 701. ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT.
(a) In General.--Title 28, United States Code is amended by
inserting after chapter 176 the following new chapter:
``CHAPTER 177--ACTIONS CHALLENGING CONDITIONS OF CONFINEMENT
``Sec.
``3401. Limitations on remedies.
``Sec. 3401. Limitations on remedies
``The district court, in any action challenging the
constitutionality of conditions of confinement in any prison, jail,
detention facility, or other correctional institution housing persons
accused or convicted of a crime or juveniles adjudicated delinquent,
shall have no jurisdiction to issue or enforce any order (including
entering or enforcing any consent decree) that--
``(1) imposes a ceiling on the population of any
institution or requires any adjustment of the release dates of
inmates; or
``(2) prohibits the use of tents or prefabricated
structures for housing inmates.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part VI of title 28, United States Code, is amended by inserting after
the item relating to chapter 176 the following:
``177. Actions Challenging Conditions of Confinement........ 3401''.
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