[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3183 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3183

To impose certain conditions with respect to the appointment of masters 
                          in Federal actions.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 1998

 Mr. Manzullo introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To impose certain conditions with respect to the appointment of masters 
                          in Federal actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONDITIONS WITH RESPECT TO APPOINTMENT OF MASTERS.

    In any case in which a Federal court appoints a master to carry out 
functions with respect to an action before that court, the following 
shall apply:
            (1) The individual appointed as the master must be a 
        resident of the State in which the action is pending.
            (2) Any party to the action for which the master is 
        appointed may, within 10 days after receiving notice of the 
        appointment, petition the court for removal of the master 
        without cause. No party may file more than 1 petition under 
        this paragraph.
            (3) Any party to the action for which the master is 
        appointed may petition the court at any time for removal of the 
        master for the following reasons:
                    (A) Misfeasance or malfeasance in office.
                    (B) Noncompliance with paragraph (1).
                    (C) If the duties of the master are duplicative of 
                those of an existing official of the political 
                subdivision with respect to which the action before the 
                court was brought.
The court shall, within 21 days after a petition under paragraph (2) or 
(3) is filed, hold a hearing for the purpose of ruling on the petition.

SEC. 2. APPLICABILITY.

    This Act applies to any action pending on the date of the enactment 
of this Act and to any action commenced on or after such date.
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