[Congressional Record Volume 142, Number 143 (Monday, October 21, 1996)]
[Senate]
[Page S12463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      OMNIBUS APPROPRIATIONS BILL

 Mr. ABRAHAM. There is a section in H.R. 4278, the omnibus 
appropriations bill regarding which I am wondering if I could seek some 
clarification from the distinguished chairman of the Commerce, Justice, 
State, and Judiciary Subcommittee of the Appropriations Committee. My 
inquiry is directed to section 306 of the Commerce, Justice, State, 
Judiciary Title. that provision prohibits the use of any funds 
appropriated in fiscal 1996, fiscal 1997, or thereafter for costs 
related to the appointment of special masters in prison conditions 
cases prior to April 26, 1996. That was the date when the Prison 
Litigation Reform Act, which required that such expenses be paid from 
funds appropriated for the Judiciary, was signed into law.
  First, I was wondering if section 306 is intended to operate as an 
exception to the requirement of the PLRA that expenses, costs, and 
compensation for special masters be paid by the courts.
  Mr. GREGG. No, it is certainly within the discretion of the courts 
whether they see a need for a special master and wish to assume the 
responsibility for such payments.
  Mr. ABRAHAM. From the Senator's response, I surmise that it was not 
his intention in the omnibus appropriation bill to allow the courts, 
contrary to 18 U.S.C. 3626(f)(4) as amended by the PLRA, to impose 
costs, expenses or compensation amounts for special masters appointed 
prior to April 26, 1996 on the parties to the litigation?
  Mr. GREGG. No, we did not intend to override any portion of the PLRA 
or impose such costs on anybody else.
  Mr. ABRAHAM. Finally, is it envisioned under the omnibus 
appropriation bill that special masters originally appointed before and 
subsequently reappointed after April 26, 1996 would be treated in the 
same fashion as those appointed after that date?
  Mr. GREGG. That is correct.
  Mr. ABRAHAM. Thus if a court wants to retain a special master 
appointed before that date and pay that individual, all it need do is 
reappoint that person consistent with the PLRA.
  Mr. GREGG. Yes, it is my understanding that the interpretation of my 
colleague from Michigan of the PLRA is consistent with the omnibus 
appropriation bill.

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