S 248 IS

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

January 19, 1999

Mr. HATCH (for himself, Mr. ASHCROFT, Mr. THURMOND, Mr. SESSIONS, Mr. KYL, and Mr. ABRAHAM) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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 1999'.

(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) INDIVIDUAL RIGHT OF ACTION APPEALS- Section 1214(a)(3) of title 5, United States Code, is amended in the second sentence by inserting after `Special Counsel' the following: `within 60 days after receiving notice of the personnel action at issue'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to all cases in which the employee, former employee, or applicant initially seeks corrective action from the Special Counsel 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 2000 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, 1999, 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.

END