Page:United States Statutes at Large Volume 110 Part 2.djvu/220

 110 STAT. 1321-73 PUBLIC LAW 104-134—APR. 26, 1996 (e) REPORT TO CONGRESS. —Section 8 of the Act (42 U.S.C. 19970 is amended by striking "his report" and inserting "the report". (f) NOTICE TO FEDERAL DEPARTMENTS. —Section 10 of the Act (42 U.S.C. 1997h) is amended— (1) by striking "his action" and inserting "the action"; and (2) by striking "he is satisfied" and inserting "the Attorney General is satisfied". SEC. 804. PROCEEDINGS IN FORMA PAUPERIS. (a) FILING FEES. —Section 1915 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by striking "(a) Any" and inserting "(a)(1) Subject to subsection (b), any"; (B) by striking "and costs"; (C) by striking "makes affidavit" and inserting "submits an affidavit that includes a statement of all assets such prisoner possesses"; (D) by striking "such costs" and inserting "such fees"; (E) by striking "he" each place it appears and inserting "the person"; (F) by adding immediately after paragraph (1), the following new paragraph: "(2) A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined."; and (G) by striking "An appeal" and inserting "(3) An appeal"; (2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively; (3) by inserting after subsection (a) the following new subsection: "(b)(1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of— "(A) the average monthly deposits to the prisoner's account; or "(B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal. "(2) After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.

�