congressional_record: CREC-1996-10-21-pt1-PgS12463
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| granule_id | date | congress | session | volume | issue | title | chamber | granule_class | sub_granule_class | page_start | page_end | speakers | bills | citation | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| CREC-1996-10-21-pt1-PgS12463 | 1996-10-21 | 104 | 2 | OMNIBUS APPROPRIATIONS BILL | SENATE | SENATE | ALLOTHER | S12463 | S12463 | [{"name": "Spencer Abraham", "role": "speaking"}, {"name": "Judd Gregg", "role": "speaking"}] | [{"congress": "104", "type": "HR", "number": "4278"}, {"congress": "104", "type": "HR", "number": "4278"}] | 142 Cong. Rec. S12463 | Congressional Record, Volume 142 Issue 143 (Monday, October 21, 1996) [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. ____________________ |