Page:United States Statutes at Large Volume 110 Part 2.djvu/213

 PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-66 RELATED AGENCIES UNITED STATES INFORMATION AGENCY RADIO CONSTRUCTION (RESCISSION) Of the unobligated balances available under this heading, $7,400,000 are rescinded. TITLE VIII—PRISON LITIGATION REFORM Prison Litigation Reform Act of SEC. 801. SHORT TITLE. 1995. ^^ 18 USC 3601 This title may be cited as the "Prison Litigation Reform Act note. of 1995". SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) IN GENERAL.—Section 3626 of title 18, United States Code, is amended to read as follows: "§3626. Appropriate remedies with respect to prison conditions " (a) REQUIREMENTS FOR RELIEF. — " (1) PROSPECTIVE RELIEF.— (A) Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. "(B) The court shall not order any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law, unless— "(i) Federal law permits such relief to be ordered in violation of State or local law; "(ii) the relief is necessary to correct the violation of a Federal right; and "(iii) no other relief will correct the violation of the Federal right. "(C) Nothing in this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts. "(2) PRELIMINARY INJUNCTIVE RELIEF.— In any civil action with respect to prison conditions, to the extent otherwise authorized by law, the court may enter a temporary restraining order or an order for preliminary injunctive relief. Preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct that harm. The court shall give substantial weight

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